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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 137 Documents
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 19/PUU- XII/2014 TERHADAP TAFSIRAN FRASA “KOMITE OLAHRAGA” Aisyah Hatta Lianda; Dodi Haryono; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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KONI filed a lawsuit through the Constitutional Court to conduct a judicial review ofthe SKN Law with constitutional case register Number 19/PUU-XII/2014, one of the objectsof testing is Article 36 paragraphs (1) and (3) of the SKN Law related to the phrase "sportscommittee" where KONI believes that the emergence of these phrases makes KONI not havestrong legitimacy to carry out its authority as a partner institution of the Government insports management so far. Therefore, the purpose of this thesis research is first, to analyzethe considerations of the Constitutional Court judges in Decision Number 19/PUU-XII/2014on the interpretation of the phrase "sports committee" in Article 36 paragraphs (1) and (3) ofthe SKN Law. Second, knowing the legal implications of the interpretation of the phrase"sports committee" in Decision Number 19/PUU-XII/2014 on the position of the nationalsports committee.This type of research can be classified into the type of normative legal research. Thisstudy used secondary data consisting of primary legal materials, secondary legal materials,tertiary legal materials and data collection techniques were carried out using the librarystudy method.From the results of the research problem there are two main things that can beconcluded. First, in the legal considerations and judges' decisions in Decision Number19/PUU-XII/2014, the Constitutional Court used several approaches to constitutionalinterpretation that had fulfilled the principles of constitutional interpretation and gave averdict, namely the Constitutional Court interpreted that the phrase "sports committee" inArticle 36 paragraphs (1) and (3) of the SKN Law did not cause multiple interpretationsbecause the formation of the SKN Law was not intended to only form one national sportsorganization. Although so, the Constitutional Court is firm in accommodating pluralinstitutions in related decisions, it can also be seen that in its legal considerations, ifinterpreted more deeply, the Constitutional Court also leads to the concept of open legalpolicy. Second, the legal implication after the enactment of Decision Number 19/PUU-XII/2014 related to the interpretation of the phrase "sports committee" is the problem ofposition in the sports development of the two main national sports institutions in Indonesia,namely KONI and KOI. The author's suggestions: First, the Constitutional Court needs todevelop an approach related to the use of constitutional interpretation and provideconfirmation of when a policy falls into the constitutional / unconstitutional category andwhen a policy falls into the concept of open legal policy. Thus, it is clear about how toproperly implement the Constitutional Court's decision. Second, there needs to be aGovernment Regulation that regulates each national sports committee as a follow-up to theConstitutional Court Decision and as a form of coordination between existing institutions bypaying attention to proportionality goals that do not harm security and public interests,especially the issue of competing rights in the future.Keywords: Sports Commitee, Constitutional Interpretation, open legal policy.
POLITIK HUKUM KEDUDUKAN PERATURAN DESA DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG- UNDANG NO 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Muhammad Armada. S; Mexsasai Indra; Gusliana HB
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The village is an important part of the Indonesian constitution. When viewed from thenature of the Indonesian state which contains the ideals of the state regarding the justification of theIndonesian state, regarding the formation of the Indonesian state, as well as regarding the objectivesof the Indonesian state, basically all of these are the same as the essence, justification of existence,formation and purpose of the village. Attamimi said that all of this was of course in a much largerscope and in a more modern context in accordance with the era and period when the Republic ofIndonesia was proclaimed. Soepomo even said that the ideals of the country are basically containedin the village community association which consists of its leaders and the people. Soepomo alsoemphasized that the state model known as the Village Republic is the original model of Indonesiangovernment, this is because the basic ideals of forming a Republic of Indonesia government are thesame as the ideals of forming a Village Republic, which is adapted to the real social structure ofIndonesian society. In fact, the form of village government existed long before there wascolonialism by the Dutch East Indies government, as emphasized by Van Vollenhoven.The research method used in this thesis is normative research using a statutory approach.The main data in this study is secondary data, namely legal literature which consists of severalquotations from various related literature sources. The other supporting research data used byresearchers are primary legal materials, secondary legal materials and tertiary legal materials.From the discussion and research conducted by the researcher, there are several conclusionsthat can be obtained. First, basically, the position status of village regulations in the hierarchy oflaws and regulations in Indonesia is Wettelijk Regeling, which is a type of law. This confirms thatvillage regulations are legal products in the form of laws which basically must be regulated andconfirmed in the hierarchy of laws and regulations in Indonesia. Second, that it is necessary toinclude village regulations in the hierarchy of laws and regulations in Indonesia to emphasize theposition and legal certainty of village regulations.Keywords : Legal Politics - Village Regulations - Laws
TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK Oloan Swandy Panjaitan; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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As an example of a case that is still being debated regarding the rules and sanctionsthat must be stipulated, namely the case of the Tira Persikabo football team which promotedan online gambling site called SBOTOP on its jersey, that as explained in the regulationsregarding gambling above, this clearly violated the regulations regarding gambling. containedin Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the 2008 ITE Lawwas amended into Law Number 19 of 2016 which does not allow people to make electronicinformation and documents that have gambling content accessible.There are two formulations of the problem in this study, namely First, what is thecriminal responsibility for the football team that promotes online gambling sites in their jersey?Second, what are the obstacles that impede criminal liability for a football team that promotesonline gambling sites in their jersey?There are 2 conclusions from this study, namely, First, the use of online gambling sponsors onthe Persikabo 1973 football jersey which competed in national competitions is part of agambling crime. Because these actions fulfill the entire set of elements contained in Indonesiancriminal law. The sponsorship of the online gambling site has complied with the provisions ofarticle 303 paragraph 1 which focuses more on the elements of making offers and providingopportunities for other people and/or the general public to gamble. In addition to theseprovisions, the act of sponsoring the gambling was also carried out through the Instagramsocial media of the Persikabo 1973 football club, so that it has fulfilled the elements of Article27 paragraph 2 of the ITE Law with the threat of imprisonment for a maximum of six yearsand/or a fine of up to one billion rupiah. Second, the obstacles in criminal liability for a footballteam that promotes online gambling sites on their jersey: a. The multiple interpretations of therules governing the prohibition of promoting online gambling sites on the jersey of theIndonesian football team. b. The absence of legal certainty by the National Police regardinglaw enforcement for football teams promoting online gambling sites at Jersenya.c. TheUncertainty of the Management of the Indonesian Football Association (PSSI) in ProhibitingFootball Teams in Indonesia from Promoting Online Gambling Sites. Suggestions from thisstudy are First, Law enforcement officials, in this case the police, must be active with thecommunity to immediately punish anyone involved in sponsoring online gambling sites inIndonesian football because it is a form of gambling crime that offers massive offers to allIndonesian people. through the media of football. Second, law enforcement officials must alsoeradicate all forms and practices of gambling because this is very dangerous for the life of theIndonesian nation and state because gambling can be the forerunner to the birth of othercrimes and is very contrary to public order, contrary to the values of and norms contained inthe life of society.Keywords: Accountability, Criminal, Football Team, Promoting, Online Gambling Site
HAK-HAK SEORANG NARAPIDANA SEBAGAI PEKERJA DI LEMBAGA PEMASYARAKATAN KELAS II A PEKANBARU Putri Sanaya; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Being in the correctional system, convicts have obligations that they must carry outand rights that must be fulfilled by the state. These rights and obligations are outlined in LawNumber 12 of 1995 concerning Corrections and Menkum HAM Regulation Number 6 of 2013concerning Rules of Correctional Institutions and State Detention Centers. This researchexamines the rights of an inmate as a worker in the Pekanbaru Class II A CorrectionalInstitution and the fulfillment of the rights of an inmate as a worker in the Pekanbaru Class IIA Correctional Institution.This type of research can be classified as sociological, because in this study theauthor directly conducts research at the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted at thePekanbaru Class II A Penitentiary, while the population and sample were all parties relatedto the problems studied in this study, the data sources used were primary data, secondarydata, and tertiary data, data collection techniques in this study were observation, interview,questionnaire, and literature study.From the results of the study, it can be concluded that the rights of convicts asworkers in Class II A Penitentiary in Pekanbaru have not been carried out optimally, one ofwhich is the absence of guarantees for work safety, because the work provided does not havea high risk and the tools used in work are safe . Nevertheless, convicts should have the rightto work safety guarantees. Second, convicts who take part in the apprenticeship do not get apremium. Even so, some of the rights of convicts as workers have been implemented.Furthermore, convicts working at the Pekanbaru Class II A Penitentiary already know whattheir rights are, so this is also one of the transparent information for convicts about the rightsthey should receive. Second, the suggestion according to the author is that the governmentshould stipulate regulations or laws that regulate in detail the large percentage of wages thatconvicts are entitled to receive as well as adding more tutors/guidance trainers so that theycan match the number of convicts attending training..Keywords: Rights, Prisoners, Workers
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP DEPOT AIR MINUM DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI KOTA PEKANBARU Alya Ramadhani Ridarto; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Law 8 of 1999 on Consumer Protection has guaranteed legal certainty toprotect consumers. This research is related to legal protection for consumersagainst drinking water depots in Pekanbaru City. The development of drinkingwater depots has an impact on consumer concerns. Therefore, it is necessary tostudy first, legal protection for consumers of drinking water depots in PekanbaruCity, second, factors inhibiting legal protection for consumers of drinking waterdepots in Pekanbaru City.This research is sociological legal research, because it is based on fieldresearch by collecting data from interviews, questionnaires and literature studiesthat have a relationship with problems that use qualitative data analysis so as toproduce descriptive data and are concluded with deductive thinking methods.From the results of the study, it was concluded that, first, legal protectionfor consumers of drinking water depots in Pekanbaru city has not been maximizedas expected by the Consumer Protection Law Number 8 of 1999. Second, theinhibiting factors of consumer protection itself are due to consumers lack ofknowledge of their rights that have been regulated in the UUPK, lack ofawareness of business actors to maintain the cleanliness and quality of theirdrinking water, as well as the absence of authority of the Pekanbaru City HealthOffice and the Pekanbaru City Industry and Trade Office to follow up on drinkingwater depots that are not in accordance with applicable laws and regulations.Keywords: Consumer Protection-Drinking Water Depots-Inhibiting Factors.
IMPLEMENTASI TOLAK UKUR PEMBERIAN SANKSI REHABILITASI BAGI PECANDU NARKOTIKA DI KOTA PEKANBARU Sarah Doviola Sipangkar; Zulfikar Jayakusuma; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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With this, it is hoped that Narcotics abusers will be snared in accordance with Article 127 ofLaw Number 35 of 2009 concerning Narcotics, where the judge can decide or stipulate to orderaddicts to undergo Rehabilitation. The main problems in this research are: What are thebenchmarks for giving rehabilitation sanctions for narcotics users based on Law Number 35 of2009 and what are the shortcomings in providing rehabilitation sanctions for narcotics abuse inIndonesia.This type of research can be classified in the type of sociological law, because in this studythe author directly conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study. This research was conducted in thejurisdiction of the Pekanbaru City National Narcotics Agency. while the population and sample areall parties related to the problems studied in this study, the data sources used are primary data,secondary data, research subjects, related to data collection in this study by observation, interviewsand literature studyThe determination of sanctions on drug abuse and addicts is the absolute right of the judge.Because the provisions of Law Number 35 of 2009 concerning Narcotics explain that judges aregiven the authority to determine and impose imprisonment or rehabilitation measures on narcoticsaddicts. In handling cases of narcotics addicts, the judge applies the provisions of Article 127 ofLaw Number 35 of 2009 concerning Narcotics regarding criminal sanctions and Article 103 of LawNumber 35 of 2009 concerning Narcotics regarding sanctions for rehabilitation. The rulesregarding Narcotics should be regulated strictly in the eradication of narcotics crimes andoverlapping rules should be regulated to be able to complement each other.Keywords: Criminal, Narcotics, Rehabilitation.
TANGGUNG JAWAB NEGARA DALAM PEMENUHAN HAK ATAS KESEMPATAN BERUSAHA BAGI FAKIR MISKIN DI MASA PANDEMI CORONA VIRUS DISEASE-19 Glien Excell Julio Marshanda; Zulfikar Jayakusuma; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The state has an obligation to prosper all its citizens from poverty as mandated in thePreamble of the 1945 Constitution of the Republic of Indonesia, including caring for thepoor. As stated in Article 34 paragraph (1) of the 1945 Constitution which states that "Thepoor and abandoned children are cared for by the state". Efforts to respect, protect and fulfillthe right to basic needs are state obligations that are carried out in order to be free fromconditions of destitution and poverty. These efforts must be made by the state as a top priorityin national development, including for the welfare of the poor.The type of research used is normative research, or it can be called library research,namely conducting a study of the applicable law and how it is in reality in society throughanalysis of library data. Data collection techniques in this research using literature studiesby analyzing books, laws and regulations to policy-related studies and other literature.From the results of the study, it is concluded that, first, the State, in this case theGovernment of Indonesia, is responsible for fulfilling the right to obtain businessopportunities for the poor in accordance with Article 17 of Law Number 13 of 2011concerning Handling the Poor despite the Covid-19 Pandemic, Second, the Governmentfaces various obstacles in fulfilling business opportunities, including restrictions due to theCOVID-19 Pandemic itself, the large number of people who work in the non-formal sector,poor data collection on recipients of social assistance, socialization that is not optimal andcases of corruption by officials against existing assistance.Keywords: State Responsibility – Poverty – Covid-19 Pandemic
IMPLEMENTASI PINJAM PAKAI BARANG BUKTI DALAM PERKARA PIDANA BERDASARKAN PERATURAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 10 TAHUN 2010 TENTANG TATA CARA PENGELOLAAN BARANG BUKTI DI KEPOLISIAN RESOR KOTA PEKANBARU Josua Karsia; Mukhlis Mukhlis; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Currently, in the Regulation of the Head of the State Police of the Republic of Indonesia Number 8of 2014 concerning Amendments to the Regulation of theHead of the State Police of the Republic ofIndonesia Number 10 of 2010 concerning Procedures for Managing Evidence in the National Police ofthe Republic of Indonesia there is no provision in the Article which states the cost of borrowing evidence.However, in reality there are not a few pieces of evidence in criminal cases where if used, the user mustpay a number of guarantees to existing law enforcement. Meanwhile, based on the principle of legalitywhich is based on the rule of law and the rule of law, the ranks of law enforcement officers are notjustified. The purpose of this study is to find out the implementation and legal impact of borrowing andusing evidence in criminal cases based on the Regulation of the Head of the National Police of theRepublic of Indonesia Number 10 of 2010 concerning Procedures for Managing Evidence at thePekanbaru City Police.This research uses the type of empirical legal research or sociological legal research. The sample inthis study were the head of the Pekanbaru City Resort Police and investigators at the Pekanbaru Police.The analytical tool in this study is a qualitative method. This study found that there were things that wereless than optimal in reality on the ground, so it was necessary to anticipate them with maximum effort.This study concluded that the implementation of borrowing evidence in criminal cases according tothe National Police Regulation number 10 of 2010 was not in accordance with existing legal provisions.The borrowing of evidence was accepted by police investigators without any determination from the trial.In addition, the act of asking for security deposits to parties who want to borrow using criminal evidenceis not allowed because these actions are outside the applicable legal provisions. However, thisphenomenon is still often carried out by police investigators. Investigators should not do this by askingfor security deposits from parties who want to borrow or use them. The legal impact on the borrowing ofevidence in criminal cases based on the Regulation of the Chief of the National Police of the Republic ofIndonesia Number 10 of 2010 concerning Procedures for Evidence Management at the Pekanbaru CityResort Police With the action of asking for a security deposit by the investigator on the evidence thatwants to be loaned to the applicant, the author considers the actions committed by the investigator to beillegal levies because these actions are not expressly regulated in Perkapolri number 10 of 2010.Keywords: Borrowing - Evidence - Criminal Case
PERAN KEPALA SUKU DALAM MENJAGA EKSISTENSI HUKUM ADAT TERHADAP KEJAHATAN PENCURIAN DI HUTAN ADAT IMBO PUTUI DESA PETAPAHAN KECAMATAN TAPUNG KABUPATEN KAMPAR Iga Arsita; Rika Lestari; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Indigenous peoples still use their customary laws in resolving crimes andviolations that occur in customary areas, especially crimes in theft that occur incustomary forbidden forests. The purpose of writing this thesis is first, to find outthe role of the tribal chief in maintaining the existence of customary law againstcrimes of theft in the imbo putui customary forest, Petapahan Village, TapungDistrict, Kampar Regency. Second, how is the application of customary sanctionsagainst crimes of theft in the customary forest of Imbo Putui, Petapahan Village,Tapung District, Kampar Regency.This type of research uses sociological or empirical legal researchmethods. This research was conducted in Petapahan Village, Tapung District,Kampar Regency, Riau Province. While the population and sample are all partiesrelated to the problems studied in this study, the data sources used are primarydata, secondary data and tertiary data, data collection techniques in this studyare interviews and document studies.The results of this study indicate that the important role of the tribal chiefis in maintaining the existence of customary law against crimes of theft incustomary forests and the application of customary sanctions against crimes oftheft in Imbo Putui customary forests because the perpetrators of theft assumethat the forest belongs to all people who know the forest, so the perpetrators donot know the customary law that applies in the area of the indigenous people ofPetapahan Village. The author's suggestion is for the nagari government and itsinstruments to improve oversight of the customary prohibition forest and makenagari regulations that regulate all categories of theft, so that not only timbertheft but everything that can be said to be theft is regulated in the nagariregulations and work together with local government authorities to conductoutreach to the community, so that the community knows that customary law inPetapahan Village still exists today and will not fade with the times.Keywords: The Role of the Head of the Tribe - Customary Law - ForestProhibition of Customs - Theft
PELAKSANAAN KONTRAK HARGA SATUAN PADA PAKET PERKERJAAN KONSTRUKSI PEMBANGUNAN PENGAMANAN PANTAI PULAU TERLUAR PROVINSI RIAU ANTARA PT.ALEX PUTRA SAKTI DENGAN PEJABAT PEMBUAT KOMITMEN SUNGAI DAN PANTAI DI DESA CENTAI KECAMATAN PULAU MERBAU KABUPATEN KEPULAUANMERANTI Ananda Fernando Putra; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Currently, in the implementation of goods and services procurement work, including constructionservices, the total costs of which are borne by the State Budget (APBN) and the RegionalExpenditure Budget (APBD), must comply with statutory provisions. To carry out development, thegovernment needs other parties, after that the government takes the option of conducting a selectionin the form of an auction. After obtaining the winning bidder, the Government will draw up aConstruction Work Contract. In the implementation of the Construction Work Contract between theCommitment Making Officer (PPK) and PT Alex Putra Sakti in the construction of Coastal Securityfor the Outermost Islands of Riau Province in Centai Village, Merbau Island District, MerantiRegency, the implementation procedure must comply with applicable regulations. Therefore, thepurpose of this study was to find out the implementation of unit price contracts in the constructionwork package for the construction of coastal safeguards in the outermost islands of Riau Provincebetween PPK PT Alex Putra Sakti and officials making river and beach commitments in CentaiVillage, Merbau Island District, Meranti Regency.The type of research in this paper is sociological legal research, namely research conducted byidentifying and how effective it is in society or reviewing the state of the problem associated withthe applicable legal aspects and judging from its descriptive nature, namely describing the process.From the results of the research, there are two main things: First, that the Procedure forImplementation of the Construction Contract for the construction of beach security in the MerantiVillage of Centai Regency is running in accordance with the agreed work contract and inaccordance with the Law of the Republic of Indonesia Number 18 of 1999 concerning servicesconstruction. Second, in the process of carrying out the completion of the work there were obstaclesexperienced by the contractor, namely the implementation exceeded the time limit for 14 days sothat the ppk was required to make compensation for a delay of 1/1000 of the contract value that hadbeen agreed upon, this delay was due to high tide or volume from rising sea water o that theconstruction work of protecting the coast experienced delays in its implementation covid19.Keywords: Implementation of development construction work contract

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