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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
 91   92   93   94   95 
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PUNGUTAN LIAR YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG- UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Debby Diannita Jaya; Erdianto '; Ledy Diana
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

Illegal charges are those committed by a person or a Civil Servant or a State Official by requiring payment of an unsuitable amount of money based on regulations relating to the payment. This is often equated with extortion, fraud or corruption. In practice, Illegal charges have been regulated in Law No. 20 of 2001 on Amendment to Law Number 31 Year 1999 on Corruption Eradication. In reality, however, the crime of illegal levies is still prevalent in the various services performed by civil servants. One of them in the Department of Population and Civil Registration of Pekanbaru City. This illegal levy certainly required a very firm law enforcement to be overcome maximally. But the action of this Illegal charges still occur with various opportunities that exist. The problems and objectives to be discussed in this thesis is to know how the form of law enforcement against the perpetrators of illegal charges committed by civil servants in the city of Pekanbaru based on Law No. 20 of 2001 on the amendment of Law No. 31 of 1999 on the eradication criminal act of corruption.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 Pekanbaru Town Police Department and Population and Civil Registration Office of Pekanbaru City, 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 in this study with interviews, questionnaires and literature study.The result of the research can be concluded that Law Enforcement on illegal charges conducted by civil servants in Pekanbaru city has not run well and maximum. The constraints faced cause law enforcement of these illegal fees to be low and difficult to implement maximally. To overcome this problem, it is suggested to tighten the supervision on illegal fees and also to socialize to the public so that the public will be more understanding about the criminal sanction of Illegal charges.Kata kunci : Law Enforcement - Illegal Charges - Civil Servants - Corruption
PUBLIC TRANSPORTATION RESPONSIBILITY TO PASSENGERS NOT RECOGNIZED ON A TRANSPORT COMPANY WHO GET LOSS Hendro Nasrian; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Transportation facilities are an important factor in realizing the smooth process in organizing the transportation of people by public transport. The importance of these means of transportation can be reflected in the increasing need for public transport services, especially in big cities, the need for public transport services as if it has become part of the urban community who do not have their own vehicle.Problems and objectives to be discussed in this thesis is to know how the rights and obligations of the carrier in transporting passengers with the travel services as a public transport service entrepreneurs and To know the extent of the responsibility of the carrier to passengers who are not recorded on the agency who suffered losses. The location of the research is conducted on public transportation in Rengat City, Indragiri Hulu Regency. Research is focused on the existing travel in Rengat City.The type of this research is sociological research, while the nature of the research is descriptive. Sources of data in this study obtained through primary data and secondary data. Data collection techniques conducted in this thesis using interviews and literature review while the author data analysis techniques do with qualitative methods.Having described and discussed in this thesis, it can be concluded and suggested that the responsibility of public transport to passengers who are not recorded on the agency that suffered losses is the presumption responsibility that the company will provide compensation in accordance with Law No. 33 of 1964 and Law No. 34 Year 1964 junto Government Regulation No. 17 of 1965 and Government Regulation Number 18 Year 1965 on the amount of compensation. According to the principle of liability under the presumption of liability, the carrier shall always be held liable for any loss arising from the transport carried. But if the carrier can prove that he is not guilty, then he is exempt from the obligation to pay compensation. The meaning of "innocent" is not to do negligence, has taken the necessary action to avoid any losses or incidents that cause unavoidable unavoidable.Keywords: Responsibility - Public transport - Unofficial - Consumer
PEMBUKTIAN TERHADAP UNSUR KERUGIAN KEUANGAN NEGARA PADA KASUS TINDAK PIDANA KORUPSI Arfan, Ilhamdi; ', Erdianto; Diana, Ledy
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
PENCABUTAN PENGADUAN PADA KASUS TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN PASAL 75 KITAB UNDANG-UNDANGHUKUM PIDANA DIKAITKAN DENGAN KEADILAN RESTORATIVE JUSTICE (STUDI KASUS KEPOLISIAN SEKTOR TAMPAN PEKANBARU) Iis Fatmala Sari; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Domestic violence is not a new thing, but it is a crime that has long been rooted in the culture of society. As set forth in Article 51 to Article 53 of Law Number 23 Year 2004 on the Elimination of Domestic Violence is a complaint offense, in which the victim can determine whether the case has been reported to be terminated and revoked by his complaint or will continue until before the demand is read out at Court. In some cases of domestic violence that often ends in the settlement of cases Domestic Violence ends a verdict for the imposition of a prison sentence to the perpetrator.Based on the background of the problems that the authors describe above, the authors are interested to conduct research with the title: "Removal of Complaints in Cases of Criminal Acts of Domestic Violence Under Article 75 Criminal Law Code Related to Justice Restorative Justice (Case Study Police Sector Tampan Pekanbaru)" . With the formulation of the problem that is how the process of settlement of Criminal Violence in Households based on restorative justice by Pekan Sector Police Tampan Pekanbaru? And what are the obstacles to solving domestic violence based on justice of restorative justice by Pekanbaru Charming Sector Police?This research is a type of sociological legal research (empirical), which is the research of sociological law is as an effort to see the effect of the validity of positive law on the life of the community, because in this study the authors directly conduct research on the location or place studied in order to provide a complete picture and clear about the problem under study. From this study the authors obtained the result that the process of revocation of the complaint must be approved by the victim which is done through the mediation process suggested by the Tampan Police. Barriers often experienced by the Tampan Police is because most victims and victims do not want to reconcile with the perpetrator because they still feel resentment or disappointed with the act of the perpetrator.Key Words : Domestic Violence, Restorative Justice, Police Sector of Tampan, Complainment
KEDUDUKAN REKAMAN CLOSED CIRCUIT TELEVISION SEBAGAI ALAT BUKTI TINDAK PIDANA UMUM BERDASARKAN PASAL 184 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA S, Mieke Christian; Effendi, Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

This study examines and answer legal issues regarding the position of Close Circuit Television (CCTV) in the proof at trial a general criminal offense under article 184 the Code of Criminal Procedure which governs the five legal evidence.In this study the authors use the method of normative-juridical research is the search for truth is coherence in addressing issues in the law through the study of law is intrinsically (legal research), with the approach of the Act (statute approa ch) and the conceptual approach (conseptual approach). Sources of research used in the form of primary legal materials namely Law No. 8 of 1981 About the Book of Criminal Procedure Law, and Law Number 11 Year 2008 on Transaction and Electronic information, as for secondary law material refers to reference books as well Legal journals. Once the legal material is classified secra systematically then analyzed to draw conclusions and provide prescription.The results showed that Close Circuit Television (CCTV) conducted in the framework of law enforcement at the request of the police, prosecutors and / or other law enforcement institutions established under the law as explicitly stated in the Constitutional Court Decision Number 20 / PUU-XVI / 2016 Valid evidence that may be used to obtain the judge's conviction in the trial of a general criminal offense, for as information stored electronically, the CCTV record shall be a valid evidence as provided for in Act Number 11 of 2008 on Information and Electronic Transactions, By using systematic method of interpretation and holding on to the organic view that the whole legislation as a whole system, the CCTV record as electronic evidence is an extension of evidences as set forth in Article 184 of the Criminal Procedure Code whose application is not limited to criminal acts Specific, but also applicable in the evidence of a general criminal trial.Key Word : CCTV Recording, Evidence, Proof Of General Crime
KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM PROSES PEMBUKTIAN DI PENGADILAN SARI, APRI MONA; , Erdianto; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Proofing process in the trial is passed by a process of examination of evidence of witness testimony. In this case, the researcher wants to know the verification process of Decision Number 106 / Pid.B / 2013 / PN.Pbr, then Decision Number 272 / Pid.Sus / 2017 / PN.Pbr, and Decision Number 451 / Pid.Sus / 2017 / PN.Pbr, because in some of these verdicts the witness is someone who has a blood relationship with the defendant. However, in Decision Number 46 / Pid.Sus / 2013 / PN.SLW witness who has a blood relationship with the defendant can not be presented as a witness in court due to having a blood relationship with the defendant. The type of this research is normative juridical that is to analyze the provisions rather than the legislation seen from the decisions by the judge, using secondary data obtained from primary law material, secondary law material and tertiary legal material. Data collection techniques for legal research is used literature review method and data analysis used deductive analysis, which is drawing the conclusions of the general arguments to the arguments of a special nature.It can be concluded based on the formulation of the problem of the first researcher, the evidentiary process of witness testimony that has blood relation with the defendant is not all criminal acts are allowed for witnesses who have blood relation giving testimony in the hearing, the setting of witnesses is also unclear and has no legal certainty. Secondly, the basis of the judge's consideration in deciding on the evidence of witness testimony that has a blood relation with the defendant in this proofing process is that of the decision number 106 / Pid.B / 2013 / PN.PBR, 272 / Pid.Sus / 2017 /PN.PBR, and verdict number: 451 / Pid.Sus / 2017 / PN.PBR provides consideration for witnesses who have a blood relationship, and in the decision number: 46 / Pid.Sus / 2013 / PN.SLW for witnesses who have a relationship blood can not be filed as a witness in court for violating Article 168 of the Criminal Procedure Code, in which the witness having blood relation is presented as a lightening witness to the defendant. The first author's suggestion should be to authorized officials to make the law more thorough in its manufacture. More systematic preparation, let alone related to the problem of the witness should be arranged more fully and clearly. Second, crimes committed within the family should be resolved in a familial way, if it is still possible to settle with the family itself rather than finally through legal proceedings in court.Keywords: Proof Process Description of Witness Having Blood Relation with Defendant - Legal Certainty.
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI DALAM MENANGANI KASUS PENYELUNDUPAN BAWANG MERAH BERDASARKAN UNDANG UNDANG NOMOR 17 TAHUN 2006 TENTANG KEPABEANAN Rahmat Satriawan; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

As a developing country and island countries such as Indonesia sometimes experience a disruption and obstacles to the smoothness of state revenues, due to the occurrence of a smuggling crime. It is this form of evil that impedes the course of economic development, because a lot of state money is not picked up by the crime of smuggling. In addition smuggling crime is a latent danger that threatens the country's economy as well as the survival of a country. As for the purpose of writing this thesis, namely; Firstly, to know the role of Civil Servant Investigator of Customs and Excise in handling smuggling case of onion based on Law number 17 of 2006 concerning Customs in Dumai City Law Area, Second, to know what obstacles are found by Customs Civil Servant Excise in handling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that want to see the correlation between law and society, so as to reveal the effectiveness of law enforcement in society. The research was conducted at Dumai City Customs and Excise Inspection and Service Office, while the population and sample were the whole parties concerned with the problems studied in this study, the data source used, the primary data and the secondary data, the data collection technique in this study by interview And literature study.From the results of research problems there are three main things that need attention. First is expected to Civil Servant Investigators in realizing their role as law enforcement officers are expected to always be consistent in handling smuggling of shallots in terms of Preventive and Repressive. In the role of the Preventive role, it is more routine to conduct counseling to the community and more regularly patrols less smuggling activities such as in ports prone to access smuggling. Secondly, it is expected to Civil Servant Investigator of Customs and Excise of Dumai City in realizing its role especially in the section of investigation in carrying out its duties and obligations to always professional despite the constraints in performing the question as investigator, but it is also expected to improve its performance so that smuggling action can be minimizedKeywords: Role - Customs – Smuggling
Penegakan Hukum Terhadap Pelaku Balap Liar Yang Dilakukan Oleh Anak Dibawah Umur Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan. Dimo Gilbranu; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Children are the generation and potential of the nation in pebangunan to realize the ideals of independence. The main cause of the rampant delinquency of children under the age of today is due to lack of attention and affection of parents. One of the delinquency of children is a criminal act of wild racing, wild racing is a lot happening in the city of Pekanbaru especially during the night of the week.The formulation of the problem in this research there are two, first, how law enforcement against wild racing perpetrators conducted by minors in the jurisdiction of city police resort Pekanbaru based on law number 22 of 2009 on traffic and road transport ?. Secondly, what are the obstacles faced in law enforcement against illegal racing perpetrators by minors in the municipal police resort area Pekanbaru based on law number 22 of 2009 on traffic and road transport ?.The conclusions of this research are two, namely first, law enforcement against wild racing perpetrators conducted by minors in the jurisdiction of resort police resort Pekanbaru city based on law number 22 of 2009 on traffic and road transport. Law enforcement against wild racing by children under age in the city of Pekanbaru by the traffic police unit using two ways that is preventive, and repressive. Second, obstacles faced in law enforcement against illegal racing perpetrators by minors in the municipal police resort area Pekanbaru based on law number 22 of 2009 on traffic and road transport. there are two barriers namely the general obstacles: a. The legal factor itself, b. Law enforcement factors, c. Factors of facilities or facilities that support law enforcement, d. Community factors that include legal awareness and legal compliance, and e. Factor of legal culture. The five obstacles are still making rampant wild racing conducted by children in the city of Pekanbaru.Keyword: Law Enforcement-Illegal Street Racing-Child
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN SERUM PALSU OLEH KEPOLISIAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Ipung Syahrir Situmorang; Erdianto Efendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Health is the most important thing the human body needs. Efforts to improve the quality of human life in the field of health, is a vast and comprehensive effort. These efforts include improving public health both physical and non-physical. The Kalthhat Kalth System mentions that health concerns the aspect of life that scope and scope is very broad and complex. Serum is a blood plasma that has antibodies to fight against certain antigens. Generally serum administration is done for treatment and not prevention. For example someone who was bitten by a poisonous snake was helped by injecting a serum anti snake serum. Giving serum like this is called passive immunity because the body does not form its own antibodies. Serum contains antibodies that can fight substances / foreign bodies or germs that enter the body. Foreign substances entering the body are said to be antigens. Antibodies that can agglomerate antigens are called precipitins, which can decompose antigen called lysine and which can offer toxins called antioxins.This type of research belongs to sociological juridical research, because in this study the authors directly conduct research on the place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at Pekanbaru Pekanbaru Resort Police and Pekanbaru Pekanbaru Food and Drug Supervisory Center, while the 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 in this study with interviews, questionnaires and literature study.From the results of the study, it can be concluded that, First, to enforce the law against the crime of fake serum circulation in the jurisdiction of Pekanbaru City Police. Second, obstacles in handling the law enforcement of fake serum circulation in the jurisdiction of Pekanbaru Town Police Force, among others; Lack of human resources, lack of facilities and pre-facilities, lack of coordination with related institutions, low awareness and public legal awareness, and the deliberate acts of perpetrators to circulate false cries. Third, Efforts to overcome such obstacles; Improve coordination with related instasi, structuring human resources, improving public services. Brief suggestions from the author is to optimize the role of investigators, make agreements with relevant agencies and improve the socialization of the law regarding the dangers of the use of fake serum.Keywords: Law Enforcement-Crime-Distribution
TINJAUAN YURIDIS TERHADAP IJAZAH SEBAGAI OBJEK JAMINAN DALAM PERJANJIAN KERJA ANTARA PERUSAHAAN DAN TENAGA KERJA KONTRAK DI KOTA PEKANBARU Syusnia Rahmah; Firdaus '; Hayatul Ismi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

The employment’s agreement has great benefits for the parties who entered into this agreement. This should be aware because an employment’s agreement made and adhered to properly will be able to create a job calm, guarantee the certainty of rights and obligation. In fact, the company entered into an agreement but did not comply with labor laws and labor regulations. the company keeps the certificate of diploma as a guarantee outside the agreement. As well as the implementation of agreements that are inconsistent with Undang- undang Nomor 13 Tahun 2013 about Employment.The objective of this thesis is to know applying of diploma as work guarantee on employment’s agreement between companies and contract labor. And to know employment’s agreement which made by companies have complied the provisions that applied of the employments of law. The type of this research were Normative Juridical Research. This research is a research on legal synchronization. In this research, the writer was used Library research. The research was carried out in Pekanbaru. The data source was using primary data, secondary data, and tertiary data. The writer was collected the data by using various libraries, printed mass media, and internet media.There was two problems that can be summarized. First, the content employment’s agreement of PT. Elge Hafil Perkasa with contract labor did not include a certificate of diploma as an assurance but the certificate of diploma is held with a letter of evidence which given to the contract labor as evidence that diploma was held by the company. Whereas, the circular letter’s labor of Pekanbaru City No. Naker/C.4/565/461/IV/2016, dated on April 26th , 2016, contains the prohibition of detention of diploma by private companies, BUMN, BUMD, and Institution did not hold back the certificate of diploma, BPKB, original STNK, and similar goods. The company also make a employment’s agreement that is only one duplicate which held by the company. So the employees do not have employment’s agreement that should be made 2 duplicates that listed in chapter 54, paragraph 3 of Undang-undang Nomor 13 Tahun 2013 about Employment. Second, less supervision of the labor service and less understanding because of the labor agreement by the labor itself. And also less of sanctions for companies that violate the rules established by law and related agencies so there are still many companies that do the same mistake. The writer’s suggestion, first, the company is expected the implement the employment’s agreement in accordance with labor legislation and labor office rules Pekanbaru City. Second, If the company commits a violation then there must be firm sanctions for the company, not just to give a warning letter. So it does not seem to be one-sided about legal matters as well as government supervision on job implementation after the signing of the employment’s agreement, because the company could make mistakes in the execution of the work.Keywords: Employment’s Agreement, Certificate of Diploma, Company

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