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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 137 Documents
Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCABULAN ANAK STUDI KASUS WILAYAH KEPOLISIAN RESOR KOTA PEKANBARU Yulius Wibisono Prakosa Putro; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Children are the future of the nation and the next generation for theideals ofnation-building, so that every child has the right to survival, growthand development, creation, participation, and is entitled to protection fromacts of violence and discrimination as well as civil rights and freedoms.Sexual crimes against children as victims really feel very sad to hear,especially with the current developments that have made the situation worse.One of the causes of child sexualabuse is the easy access to pornographicvideos on the internet, which creates a desire for those who watch them, sothat children are often used as an outlet for watching them. The aims of thisthesis research are: First to find out law enforcement against the CriminalAct of Child Abuse in the Case Study of the Pekanbaru City Resort Police,Second to find out the obstacles to the Criminal Actof Child Abuse in theCase Study of the Pekanbaru City Resort Police.This type of research is classified as sociological legal research. Thislegal research was conducted at the Pekanbaru Police, while the populationand sample were all parties related to the problem under study. The datasources used are primary, secondary, and tertiary data, while the datacollection technique uses interviews and literature review.From the results of the research problem, there are two conclusionsthat can be drawn, namely: First, law enforcement against criminal acts ofobscenity in the jurisdiction of the Pekanbaru City Police, the police alwaysprocess every obscenity case that comes to trial. Second, obstacles thathinder law enforcement against criminal acts of child molestation in thejurisdiction of the Pekanbaru City Police because these children receivethreats from the perpetrators so that these children do not dare to tell whathappened to other people.Keywords: Law Enforcement - Criminal - Obscenity
PENEGAKAN HUKUM TERHADAP OKNUM ANGGOTA KEPOLISIAN PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN RESOR ROKAN HULU Nabilla Khaernas; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Narcotics abuse with perpetrators who are members of the Rokan Hulu Resort Police isincreasing every year. In 2019 as many as 3 people, 2020 as many as 5 people and 2021 as many as8 people. One of them is the case in Decision Number 286/Pid.Sus/2019/PNPrp, the sanctionimposed on the perpetrator is ten months' imprisonment. This shows that there is a contradiction inthe nature and duties of the police, which should enforce the law itself, as well as the provision oflighter sanctions compared to ordinary people who commit similar crimes.The type of research used in writing this law is sociological legal research. Meanwhile, ifviewed from the nature of this research is descriptive. This research was conducted at the RokanHulu Police.The results of this study are law enforcement against the perpetrators of the Crime ofNarcotics Abuse carried out by unscrupulous members of the police in the jurisdiction of the RokanHulu Resort Police consisting of the investigation and investigation stage, the general court stage,the code of ethics trial stage and dishonorable discharge. However, the defendant was not dismissedfrom the police force and was given the opportunity to improve himself and still received 2/3 of hissalary during his detention. Obstacles in carrying out law enforcement against unscrupulousmembers of the police who are perpetrators of criminal acts of narcotics abuse in the jurisdiction ofthe Rokan Hulu Resort Police, namely the legal factor, namely changes in regulations governing thePolice Professional Code of Ethics that always occur and have multiple interpretations, theindividual factor of Polri members is the accused member of the police already very aware of thesituation and circumstances in the office, looking for opportunities to use drugs, environmentalfactors, namely the association of police officers outside the service have a negative effect on him sothat things can happen that harm him by abusing narcotics, lack of public participation in providinginformation and complaints, and the availability of drugs. Efforts made by the Rokan Hulu ResortPolice to overcome obstacles in carrying out law enforcement against unscrupulous members of thepolice who commit narcotics abuse crimes within the jurisdiction of the Rokan Hulu Resort Police,namely more intense supervision, routine raids, surprise inspections and urine tests, outreachactivities to community and take decisive action.Keywords: Law Enforcement, Police Personnel, Narcotics, Criminal act, Rokan Hulu ResortPolice
ANALISIS YURIDIS DISPARITAS PIDANA PADA KASUS PENYERTAAN TINDAK PIDANA KORUPSI PENGADAAN BUKU DI KOTA PADANG PANJANG Nur Farah Datulaida; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The issue of corruption is a problem that has grown for a very long time and has takenroot in every sector of state life. This crime has damaged the good order in achieving socialwelfare. And the high number of corruption cases in the procurement of goods and services isdue to gaps in regulations that are not yet perfect. A field that accommodates a lot of things mustbe able to provide guarantees that it will provide justice to the parties involved.The type of research used in this legal research is normative juridical method. Therefore,an analysis with a qualitative measure is used which is based on substance with data collectionin drawing conclusions. In drawing conclusions the author uses the deductive thinking method,namely a way of thinking that draws a conclusion from things that are general to things that arespecific.From the results of the research and discussion it can be concluded that, first, theregulation on the procurement of goods and services, which is currently still in the form of apresidential regulation, has resulted in weak law enforcement regarding problems arising fromthe process of procurement of goods and services, including the problem of corruption. Second,that justice is when everyone gets their rights, when there is an act of corruption that takes awaythe right to the needs of the state and people's welfare and the interests of the community, thenjustice has been taken away, for this reason law enforcement and regulatory improvement tostabilize justice in its place is a must. Third, the idea of regulating the procurement of goods andservices in the future to minimize and also prevent criminal acts of corruption in this sector fromrecurring is the presence of laws that specifically regulate the procurement of goods andservices, so that violations of these articles give the power to impose penalties on those whoviolate them.Keyword: Procurement – a criminal act of corruption
PEMENUHAN HAK-HAK PEKERJA WAKTU TERTENTU PADA MASA PANDEMI COVID-19 DI PT. MEDAN BIOENERGY NUSANTARA PEKANBARU Krismo Apriyadi; Rika Lestari; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The main problem with Government Regulation Number 35 of 2021concerning Work Agreements for Specific Periods, Outsourcing, Working Timeand Break Time, and Termination of Employment is that through this regulation,severance pay for victims of layoffs is only half of the rule if a number ofconditions are met. One of them, severance half of the provisions if the companycloses and loses money.The type of research used is sociological juridical, namely researchconducted by identifying the law and how the effectiveness of the implementationof the law applies in society. Because in this study the authors directly conductedresearch at the location or place under study to provide a complete and cleardescription of the problem under study.The conclusions that can be obtained from the research results are First,the Fulfillment of Workers' Rights for a Certain Time During the Covid-19Pandemic Period in View of Government Regulation Number 35 of 2021Concerning Work Agreements for Specific Periods, Outsourcing, Working Timeand Rest Time, and Termination of Employment Relations (Study at PT. MedanBioenergy Nusantara) where workers/laborers basically get equality and theopportunity to get treatment without discrimination under any pretext to manifestthe welfare of workers and their families without neglecting profit and businesscompetition. Second, Obstacles to Fulfilling Workers' Rights for a Specific TimeDuring the Covid-19 Pandemic Period are reviewed from Government RegulationNumber 35 of 2021 Concerning Work Agreements for Specific Periods,Outsourcing, Working Time and Break Time, and Termination of Employment(Study at PT. Medan Bioenergy Nusantara), namely that there are not verydetailed regulations governing the fulfillment of workers' rights in a pandemicsituation, so that it is biased regarding the rights and obligations of businessactors and employees.Keywords: Fulfillment of Rights, Termination of Employment, Labor,Settlement.
ANALISIS KEPATUHAN HUKUM DEWAN PERWAKILAN RAKYAT DAN PRESIDEN ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 TENTANG CIPTA KERJA M. Sadewa Rafie Aldiza; Dodi Haryono; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Constitutional Court Decision No 91/PUU-XVIII/2020 states that the Job CreationLaw is conditionally unconstitutional and still valid with a 2-year deadline for improvement.The follow-up to the court's decision is aimed at the DPR and the President should makeimprovements to Law Number 11 of 2020 concerning Job Creation. However, the actiontaken by the DPR is to make changes to the Law on the Establishment of Laws andRegulations, which is the advice of the judge who dissented opimion. Meanwhile, IndonesianPresident Joko Widodo issued Perrpu Number 2 of 2022 concerning Job Creation, thisexplicitly aborted the conditional unconstitutional status of Law No. 11 of the Year 2020About Job Creation.This research is a normative legal research. It is based on literature research thattakes excerpts from reading books, or supporting books related to the problem understudy. This study used secondary data sources consisting of primary, secondary, andtertiary legal materials. This study also used qualitative data analysis and produceddescriptive data.From the results of the research and discussions carried out, it is necessary to havean ideal system to improve the application of the Constitutional Court decision inaccordance with the principle of erga omnes. The results showed that to optimize theprinciple, cooperation efforts between the Constitutional Court and other state institutionsor adressat decisions are needed in implementing it. One of them is by directly appointingthe competent state agency in the consideration of the decision to follow up. This can becombined with the application of judicial deferrals and the granting of a deadline for theenforcement of judgments imposed on the adressats as a determinant representation of legalboundaries and certainty.
IMPLEMENTASI PERATURAN MENTERI DALAM NEGERI NOMOR 20 TAHUN 2018 TENTANG PENGELOLAAN KEUANGAN DESA DI DESA SEMUNAI KECAMATAN PINGGIR KABUPATEN BENGKALIS PROVINSI RIAU Markus Lato Munthe; Junaidi Junaidi; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Villages are customary villages and villages or what are referred to by other names arelegal community units that have territorial boundaries that are authorized to regulate andmanage government affairs, local community interests based on community initiatives, originrights, and/or traditional rights that are recognized and respected in system of government ofthe Unitary State of the Republic of Indonesia, Village Financial Management is the wholeactivity which includes planning, implementation, administration, reporting, andaccountability of Village finances. Whereas Village finance means that all Village rights andobligations can be valued in money and everything in the form of money and goods related tothe implementation of Village rights and obligations. In writing this thesis, the author tries toimplement Article 2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerningVillage Financial Management in Semunai Village, Pinggir District, Bengkalis Regency, RiauProvince.The objectives of writing this thesis are: first, to find out the implementation of Article2 of the Minister of Home Affairs Regulation Number 20 of 2018 concerning Village FinancialManagement in Semunai Village, Pinggir District, Bengkalis Regency, Riau Province. Second,to find out the inhibiting factors in the implementation of Article 2 of the Minister of HomeAffairs Regulation Number 20 of 2018 concerning Village Financial Management in SemunaiVillage, Pinggir District, Bengkalis Regency, Riau Province. The research method in this thesisuses a type of sociological legal research, namely research on the effectiveness of laws thatlive in society. The nature of this thesis research is research descriptive which describessystematically, the facts and characteristics of the object studied appropriately. The datasource used is the data source first, seconds and tertiary The data collection techniques in thisstudy were interviews, questionnaires and literature review. After the data was collected, itwas analysed to draw conclusions.Based on the results of the research, the first conclusion can be drawn that theimplementation of the principles of village financial management in Semunai Village, seenfrom the principles of transparency, accountability, participation, as well as orderly anddisciplined budgets, is quite good. participatory in Semunai village, organizers and theSemunai village community understand enough about the principles of village financialmanagement community, and other factors, namely the existence of misunderstandingsbetween the community and the village government regarding the implementation of villageactivities and the provision of village financial information.Keywords: Village, Management, Village Finance
IMPLIKASI PANDEMI CORONAVIRUS DISEASE 2019 (COVID-19) TERHADAP BADAN PENGAWASAN PEMILU (PEMILIHAN UMUM) PADA PILKADA (PEMILIHAN KEPALA DAERAH) SERENTAK 2020 DIPROVINSI RIAU Endang Sri Utami; Mexsasai Indra; Maria Maya Lestari
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The current outbreak and the increasing number of Covid-19 cases inIndonesia are indeed very influential on the political sector in particular.Considering that this pandemic case is becoming more widespread, thegovernment has issued a policy regarding the postponement of the RegionalHead/Pilkada election in 2020. Indonesia has an agenda to hold a regional headelection on 23 September 2020. However, through a government regulation inlieu of Law (Perpu) Number 2 of 2020. 2020 Regarding the 3rd Amendment toLaw Number 1 of 2015 concerning the Stipulation of Government Regulations inLieu of Law Number 1 of 2014 concerning the Election of Governors, Regents,and Mayors into Law, the Government of Indonesia has decided to reschedule theelections to December 9 2020.The aim of this research is to find out the implications of the coronavirusdisease 2019 (covid-19) pandemic for the election supervisory body (generalelection) in the 2020 simultaneous local elections (regional head elections) inRiau province, by using a research methodology, namely sociological orempirical legal research, which where sociological legal research is research onlaw observing what characterizes a community's behavior in an area in an aspectof social life.The data analysis used by the researcher is qualitative data analysis,namely the analysis which does not use statistics or other things. However,researchers simply describe descriptively from the data obtained. The results ofthis study can be concluded into 3 main things. First, the inhibiting factor for theCOVID-19 pandemic on the supervision of simultaneous regional elections inRiau Province, namely when conducting surveillance during the pandemic, whenthere was an alleged violation, there was clarification via online so thatclarification was not optimal due to online, ineffective reports from the publicabout alleged violations of the candidate pair due to the system.Keywords: Simultaneous Pilkada, Bawaslu, General Election, Covid-19