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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
Arjuna Subject : -
Articles 2,579 Documents
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TINJAUAN YURIDIS KETERLIBATAN TENTARA NASIONAL INDONESIA DALAM PENANGGULANGAN TINDAK PIDANA TERORISME DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 34 TAHUN 2004 TENTANG TENTARA NASIONAL INDONESIA Ricky Nainggolan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Terrorism is a crime that has been classified as extraordinary crime, or extraordinary crime. It is no stranger to the world because of the ongoing series of terrorism incidents. In Law Number 34 Year 2004 the issue of terrorism is the responsibility of the Indonesian Armed Forces (TNI), with the Terror Countermeasures Unit (Sat-Gultor 81) in it, the role of dealing with the problem of terrorism if needed. Terrorism is the most distressing crime of the world community, because it can happen anytime, anywhere, and sacrifice anyone. Has been taking the world's attention especially in the last few decades. The fact that this terrorism event can not be stopped by any party, even a country with high security though still exposed to terrorism attacks.The purpose of this research is to know how the steps of authorized institutions through the involvement of the Indonesian National Army (TNI) and the Police of the Republic of Indonesia (POLRI) in tackling terrorism in Indonesia, as well as the achievement of results by the authorized institutions. Based on the analysis conducted with literature review, and by using descriptive research method, it can be seen that there are measures of countermeasures terrorism conducted by the authorized institutions, namely in the form of prevention and action. If the POLRI measures in tackling terrorism network in Indonesia through prevention covering socialization or anti terrorism campaign and action in the form of arrest and stipulation of punishment in accordance with provisions of applicable law.Prevention and action is not enough to solve the problem of terrorism in Indonesia. Because the constitution that places terrorism crimes as a criminal offense of order and security disturbance, so the problem of terrorism is only a matter of law whereas terrorism is an armed resistance that endangers the safety of the nation and the sovereignty of the state.Keywords: International Terrorism, TNI, Prevention and Action
PENERAPAN PRINSIP DUTY OF CARE OLEH DIREKSI PERSEROAN TERBATAS DI INDONESIA Maristella, Debora; ', Firdaus; Bachtiar, Maryati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

The board of directors shall be the organ of the company which is fully responsible for the management of the company for the purpose and represents the company either inside or outside the court in accordance with the basic provisions. The management of a limited liability company shall be carried out by every member of the board of directors in good faith and with full responsibility. In order to create a good thing then the board of directors must have what is called the fiduciary duty which is duty of care, it is an obligation for the directors to carry out their responsibilities carefully as a driver in the company, as the life in the company to can run the company continuously. Any member of the board of directors who is considered guilty of negligent in his/her duty shall be held personally liable on the basis of having no good faith and/or no sense of responsibility in performing duties for the interest and business of the company.The purpose of writing this thesis that is, First, to know arrangement about principle of duty of care in Indonesia. Second, to know benchmark of a directors can be assumed not to implement duty of care principle.This type of research is normative legal research or can be called also research doctrinal law. From the results of research problems, there are two main points that are concluded, first, the regulation of the principle of duty of care in Indonesia. Second, the benchmark of a board of directors may be suspected not to implement the principle of duty of care.Keywords : Board of directors, duty of care
PENYELESAIAN SENGKETA PERALIHAN HAK ATAS TANAH SUKU PILIANG DI DESA KUOK KECAMATAN KUOK KABUPATEN KAMPAR Ilham Saputra; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Every society desperately needs land in its life, in indigenous communities there is a name communal right which is the right of a group of indigenous peoples to a piece of land called communal land. The implementation of this customary right shall be based on the national interest and the state which is not contradictory to other regulations, can be seen in Article 3 of Law Number 5 Year 1960 on the Basic Regulation Agrarian Law and in Article 2 Paragraph (2) of Kampar District Regulation that Function of Land Rights of Ulayat is to improve the welfare of social and economic community members and society and in Kampar custom law regulation any haraus decision based on deliberation to consensus. However, cases that occur in the existence of communal land that is traded / granted and its utilization is no longer in accordance with the existing rules. The purpose of writing this thesis, namely: first, to know the background of the occurrence of Dispute Rights Transfer of Land Piliang Tribe in Kuok Village Kuok District Kampar district, second to know Dispute Settlement Efforts Dispute Rights of Piliang Tribal Land in Kuok Village Kuok Subdistrict Kampar District.This type of research can be classified in the type of sociological 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 research was conducted in Kuok Village, Kuok Subdistrict, Kampar District, while the population and sample were all parties related to the problem studied in this study, the data source used primary data and secondary data, data collection technique in this research by interview and literature study.From the results of research, there are three main things that can be concluded. First, because of the daily necessities and different economic interests of indigenous and tribal peoples so that in meeting the needs and interests of the customary law. Secondly, the utilization of communal land is inconsistent with the interests of indigenous peoples and has even caused harm to the indigenous peoples themselves. Third, the dispute settlement is done by chief of the people piliang caniago that seven. The author's suggestion, first, that indigenous peoples should prioritize common interests. Secondly, the management and utilization of communal land should be implemented based. Third, the LAK must perform its of Kuok Kuok Subdistrict, Kampar regency.
KEBIJAKAN NON PENAL PENGGUNAAN SENJATA API DIKAITKAN DENGAN PENYALAHGUNAAN SENJATA API OLEH ANGGOTA POLRI Putri, Lia Novita; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Crime has become a universal phenomenon, meaning there is no society without any evil. Sadly crimes occurs within the scope of law enforcement itself is the police whose duty to maintain order and welfare of the community. The rise of cases of police misuse of firearms make the lack of public confidence in the Police. Criminal politics as a rational effort of society in tackling crime operationally can be done either through penal facilities or non penal means. Given the limitations / capabilities of criminal law in combating crime misuse of firearms that can not only use penal means but also using non-penal means. When viewed from the perspective of criminal politics on a macro basis, the policy of handling criminal acts of weapons misuse by using facilities outside of criminal law or non penal policy is the most strategic policy. This is because non-penal efforts are more as a precaution against the misuse of firearms. The main objective of the non-penal policy is to address and eliminate the conducive factors causing the misuse of firearms.The purpose of writing this thesis, namely: First to find out how the policy of non penal regulation of the use of firearms associated with the misuse of firearms by the Police, Second to know the weaknesses related to the regulation of the use of firearms by members of the Police linked to the misuse of firearms by the Police.Keywords: Non-Penalty-Abuse Policy-Firearms-Police Republic Indonesia
PENERAPAN SANKSI TERHADAP NARAPIDANA YANG MELANGGAR PASAL 4 HURUF (J) PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 6 TAHUN 2013 TENTANG TATA TERTIB LEMBAGA PEMASYARAKATAN DAN RUMAH TAHANAN NEGARA DI LEMBAGA PEMASYARAKATAN KLAS II B BANGKINANG Nur Fajri; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

On April 27, 1964, before the Indonesian prison house was converted to a penitentiary in accordance with the idea of Sahardjo, who was then justice minister. In prison systems, prisoners and prison students are entitled to physical education and guarantees of their rights to observe their worship, to engage with outsiders, whether family or other parties. Obtain information both through print and electronic media, and obtain a proper education. The purpose of writing this thesis include: first, to determine the role of Class II Penitentiary B Bangkinang in maintaining security to prevent inmates bringing mobile phones (hp) to Penitentiary. Secondly, to know the application of sanctions for inmates violating Article 4 letter (j) of the Ministerial Regulation and Human Rights on the Procedures of Penitentiary of Penitentiary and House of Detention. Third, to know the relation between Article 4 Letter (j) of the Regulation of the Minister of Law and Human Rights on the Procedures of Penitentiary of Penitentiary and House of Detainees with the principle of socialization.From the results of research problems there are three main things that can be concluded. First, the role of Class II Bang B Correctional Institution in maintaining security to prevent prisoners from bringing mobile phones to Penitentiary has not been implemented maximally. Proven from the security system that is run is still far from the word "safe" because there are still many inmates who can save and use goods that are prohibited to be brought into prisons Class II B Bangkinang. Secondly, Prison Officers have sought to impose sanctions on prisoners who commit violations in accordance with applicable regulations. However, there are still officers who are unfair persons in giving sanctions to prisoners who also commit violations but not processed and not sanctioned in accordance with Ministerial Regulation and Human Rights No. 6 of 2013 on the Standing Orders of Penitentiary and Detention Center of the State. Third, basically in prisons class II B Bangkinang has provided a special telephone shop (wartelsus) for inmates to contact family and relatives. If you want to communicate with family and so on can use wartelsus that has been provided by Class II Bang Bang Bang.Keywords: Prisoners-Violation-Sanctions
PERAN LEMBAGA ADAT MELAYU RIAU ROKAN HULU DALAM PROSES PENYELESAIAN SENGKETA KEBUN PERSUKUAN MELAYU TAMBUSAI KUALA MAHATO DENGAN PT. TORUSGANDA DI KABUPATEN ROKAN HULU Irma Nora; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Abstract

Unalienated land land use indigenous Malay Tambusai Kuala persukuan Mahato with company Torusganda began to trigger problems arising from the existence of the discrepancy of the results obtained by indigenous peoples with the contents of the cooperation agreement created by both sides. Because it cannot solve the problem at the village level to make indigenous peoples requesting assistance to Indigenous Institutions of Rokan Hulu, Riau Malay as the container to get the legal protection over customary rights. So the role of Adat Melayu Riau Rokan Hulu becomes important to review considering rules governing the functioning of the institutions of Riau Malay custom Rokan Hulu is still described in General. Indigenous institutions in this case has a great opportunity to be the place or means in resolving disputes in non litigation.Interest thesis writer namely; First, to know the role of Rokan Hulu, Riau Malay Customs in the dispute resolution process of garden persukuan Malay tambusai kuala mahato with PT. Torusganda in the Rokan Hulu; Second, to know the constraints of Riau Malay Customs Institutions of Rokan Hulu in the dispute resolution process of garden persukuan Malay tambusai kuala mahato with PT. Torusganda in the Rokan Hulu. Types of legal research that used the author is kind of juridical sociological research. A legal sociological research or empirical research, this is the type of research objectives of the law. From the results of research, there are two things which can be inferred. First, the Riau Malay Customs Institutions of Rokan Hulu does not yet have the authority to say clearly in the position of the mechanism in resolving disputes of indigenous issues. The form of seriousness in defending the interests of indigenous rights related customary land is still not published by the Government so that the position of indigenous institutions in solving plantation Malays Kuala Tambusai Mahato as just the mediator, judge and could not decide. The position of the indigenous institution still governed in General and customary institutions make extensive has not been able to resolveJOM Fakultas Hukum Volume V Edisi 2 Juli-Desember 2018 2this issue in totality. Second, Constraints that occurred in the settlement of problems of plantation persukuan Melayu Kuala Tambusai Mahato conducted by LAMR Rokan Hulu is influenced by two factors, namely the internal factors and external factors. These factors greatly affect the performance of members of the indigenous institutions in carrying out its work. So the constraint triggers the lack of existence of indigenous institutions to protect the rights of indigenous peoples recognized constitutionally.Keywords: Indigenous Institutions – Customary Land – Settlement of disputes
BATASAN PEMBELAAN YANG DILAKUKAN ADVOKAT DALAM MEMBERIKAN JASA HUKUM TERHADAP KLIEN DIKAITKAN DENGAN OBSTRUCTION OF JUSTICE Nerci Fitri Simbolon; Mexsasai Indra; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Advocates in carrying out their professional duties provide a defense for clients, so that in carrying out their professional duties, advocates carry out actions or actions in accordance with their duties and authority as advocates, but do not mean that legal proceedings can be violated by lawyers without undergoing legal proceedings. or commit acts that violate the law by taking refuge in the right of immunity of a lawyer. Because the right of immunity that is owned by an advocate does not apply if an advocate commits an act or act that violates the law or is not in accordance with the laws and regulations and commits a criminal offense that can be snared with applicable criminal sanctions. The number of actions that are deterring the judicial process of corruption (obstruction of justice), but only a few are followed up. Normatively, the act of blocking the judicial process has been regulated in Article 21 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes.The purpose of this study is to analyze the boundaries and arrangements of advocates' advocacy in providing legal services to clients associated with obstruction of justice. The research method used in this paper is normative legal research, legal research conducted by examining library materials or secondary data, can be called normative legal research or library research. This study uses the methodology of legal principles research.The limits of the defense advocates do in providing legal services to clients include providing legal advice in accordance with criminal procedural law (formal law), not fabricating evidence of criminal acts of corruption, and others. Regarding the obstruction of justice in Article 21 of Law Number 31 of 1999 concerning the Eradication of Corruption Crime, advocates can also be subject to sanctions and be held responsible for acts of obstructing the legal process.
PENERAPAN SANKSI HUKUM TERHADAP PELAKU PENJUAL MAKANAN YANG MENGANDUNG BAHAN BERBAHAYA OLEH BALAI BESAR PENGAWAS OBAT DAN MAKANAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2012 TENTANG PANGAN DI PEKANBARU JERNI TARIDA SILITONGA; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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the purpose of this research is to find out what is behind the sale of selling foods containing hazardous materials, how is the legal arrangement regarding the sale of food containing hazardous materials by the Center for Food and Drug Supervisor based on Food Law in Pekanbaru, and how the application of criminal sanctions against food vendors who compare the hazardous substances by the Center for Food and Drug Supervisors under the Food Law.by using sociological law research methods, it can be concluded: 1. underlying the sale of foods containing hazardous materials is basically done in order to minimize product expenditure and generate the highest profits, without having to pay attention to public health, such as formaldehyde commonly used to preserve corpses, may be misused by traffickers, which is added to the food for its long-lasting product. At least, if the goods are not sold today, the formalized chicken or tofu is resold the next day and still looks fresh. 2. Legal arrangements for food sales agents containing hazardous substances in accordance with the laws and regulations applicable in the field of food, health, and consumer protection basically regulate the protection of the public in order to consume food in circulation to be assured of its safety, in accordance with standard and / or health requirements.food that does not meet the standards, health requirements, and / or endanger health is prohibited to be circulated, withdrawn from circulation revoked permit and seized for destruction in accordance with the provisions of legislation. 3. the application of criminal sanctions against food sellers containing hazardous materials may be subject to criminal sanctions, criminal penalties, and additional criminal charges in accordance with the offenses committed and can be proven through court hearings. through the application of criminal sanctions it is expected that the purpose of food security can be achieved in order to provide legal protection for the community.
PENERAPAN PERLAKUAN YANG SAMA TERHADAP PASIEN DI RUMAH SAKIT SYAFIRA PEKANBARU Sandi Yolanda; Maryati Bachtiar; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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As for what is meant by consumers in the consumer protection law are end consumers who use the product for the benefit of themselves, family, other people or other living things. Health is a basic human need to be able to live properly and productively. Health service is one of the people whose provision must be held by the government as mandated in the 1945 Constitution of the Republic of Indonesia Article 28H Paragraph 1. The establishment of Law No.34 of 2011 concerning social security that is used for the the purposes of administering effective social serucity for all Indonesian citizens is apparently not yet appropriate. In the Syafira Pekanbaru hospital, it was found that the realization of rights and obligation was not what was stated in the health law. The purpose of the thesis writing is, First, the application of the same treatment to patients in Syafira Pekanbaru hospital, Second, the efforts that can be made by the Syafira Pekanbaru hospital in improving the health services for patients.This type of reseaerch 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 in order to provide a complete and clear picture of the problem under study. This is research was conducted at the Syafira hospital located in the area of Pekanbaru city Jenderal Sudirman street number 134, Tamgkerang Tengah Village, Marpoyan Damai District , while the population and sample were all parties related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection technique in research this is by interview, literature review and kuestionnaire.From the results of research problems there are two main things that can be concluded. First, Second,. Suggestion Writer, First, the same treatment for patients who are medical service users at the Syafira Pekanbaru hospital has not fully gone well, their obligations. This is clearly contrary to the ekisting legislation. Secondly, the efforts that can be done by Syafira Pekanbaru hospital in improving health services for patients by trying to improve the kuality of medical personnel in the hospital environment and Syafira Pekanbaru and improving medical ekuipment to help health service for the community. Suggestion Writer, First, the community should act decisively in terms of health and ask for legal protection and justice to law enforcement officers. Secondly, there is a need to socialize legal protection by the health department to the public using health services.Keywords: Patient- Same treatment- Pekanbaru.
PENERAPAN PEMBAGIAN HARTA BERSAMA DI JORONG TIGO SUKU NAGARI PANINJAUAN KECAMATAN X KOTO KABUPATEN TANAH DATAR SUMATERA BARAT (STUDI HUKUM ADAT MINANGKABAU) Arista Wahyudi; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Minangkabau inheritance law which is part of the customary law that many ins andouts because on one hand Minangkabau inheritance law is a continuation in accordance withthe order of the order according to the law of the mother, but on the other hand, it has to doand influenced by the law of syarak (religion). Among the inheritance in Minangkabau adatis joint property That is all the income of husband and wife during the marriage period (otherthan the property of origin / treasure of gift that follows the origin of the property). In aparent-married society with free marriages of equal status, the joint quest property (apartfrom the original property) can be shared, either because of divorce or the cause ofinheritance.The problems in this research are 1) How is the system of applying the distribution ofcommon property to indigenous peoples in Jorong Tigo Sari Nagari Panihat District KotoKoto Tanah Datar West Sumatra? 2) What is the position of justice in the distribution ofcommon property in Jorong Tigo Suku Nagari Panihat District Koto Koto Tanah Datar WestSumatra? Research method in this research is sociological. The location in this study wasconducted in the region of Jorong Tigo Suku Nagari Panihat District X Koto Tanah DatarWest Sumatra. The population in this study is Indigenous and Ninik Mamak. The data sourceof this research is primary data and secondary data by collecting data through interview,literature study. The data analysis technique used is qualitative.The general description of this research is the general description of customary law.The general description of Adat Law discusses the definition of customary law, the definitionof adat law according to the experts, the basic principles of customary law, the source ofcustomary law, the elements of customary law, and the legal basis for the enactment ofcustomary law.The system of applying the division of common property in Jorong Tigo Nagari PartPanihat in accordance with the provisions of positive law, Compilation of Islamic Law (KHI)and Islamic Shari'a where joint wealth is shared equally, 50% husband and 50% wife. Thejustice of sharing the common property in Jorong Tigo Tribe Nagari Paninjauan, asexplained in the discussion, the distribution of common property has been in accordance withexisting provisions, but its implementation in the community does not run in accordance withthese provisions.Keywords : Customary Law - Joint Property - Justice

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