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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 137 Documents
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
BAGAIMANAKAH HUKUM ADAT MENYELESAIKAN KASUS PENGANIAYAAN? (Studi Pada Masyarakat Adat Petalangan di Kecamatan Bandar Petalangan Kabupaten Pelalawan Provinsi Riau) Bela Islami; Evi Deliana; 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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Abstract

Arrangements regarding the crime of persecution are regulated in article 351of the Criminal Code. In Indonesia's positive law it is clear that if a person commitsan intentional act aimed at damaging the health of another person, he will be subjectto a prison sentence of 2 years and 8 months as stipulated in article 351 of theCriminal Code. But the settlement of the crime of persecution through the Petalangancustomary law is not the case. If the case of the crime of persecution is resolvedthrough the Petalangan customary law, it will be resolved peacefully throughdeliberation and bringing together the perpetrators and victims and improving orderin society.From the results of research and discussion, there are several points that canbe concluded. First, in the community in Bandar Petalangan subdistrict, cases ofcriminal acts of persecution were mostly resolved through Petalangan customary law.Second, the settlement through the Petalangan Customary Law fulfills the wishes ofthe people because it also improves the order to the previous situation. Third, thatthe resolution of the criminal act of persecution through the Petalangan CustomaryLaw does not have an element of revenge, rather it is about reconciling theperpetrator and the victim. The author's suggestion is that it is necessary to digdeeper and spread understanding about Petalangan Customary Law, so that theinjunctions about Customary Law, especially regarding criminal acts, continue to bepreserved by the community.Keywords: Settlement-Persecution-Customary Law
ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory
KEKUATAN KETERANGAN SAKSI ANAK DALAM PENEGAKAN HUKUM PADA KASUS TINDAK PIDANA ASUSILA TANPA DIDUKUNG ALAT BUKTI LAINNYA Putri Sasbita Aqila; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Abstract

The evidentiary stage is one of the aspects of the trial, especially in the aspectof evidence that plays a role in proving a person's guilt so that he can besentenced by a judge. In this case, many children are victims as well as witnessesin cases of immoral crimes by giving testimony under oath, this is not inaccordance with the Criminal Procedure Code which requires every witness to besworn in, but over time the issuance of the latest regulations, namely the Law onSexual Violence, this is certainly a problem for judges where children are the onlywitnesses who hear, see, and experience an immoral crime themselves.The objectives of writing this thesis are: first, whether the child's testimonycan be taken into consideration by the judge in making a decision on an indecentcrime case. Second, What is the strength of child witness testimony in court,without the support of other evidence in several cases.This type of research can be classified as normative juridical research,because in this research the author uses literature study materials such as officialdocuments, books to conduct research in this study, data sources used, primarydata, secondary data and tertiary data, collection techniques in this research withliterature review methods or documentary studies.From the results of this study it can be concluded First, the testimony of childwitnesses who cannot be given under oath, is not valid evidence, but can be usedas a clue and can prove that the defendant is guilty if accompanied by 1 (one)other valid evidence and the judge gains confidence in the case this is stated inarticle 25 paragraph 1 of the TPKS Law. Second, the testimony of child witnesseswithout oath that is used as a clue is based on the correspondence with otherevidence that is considered by the judge in imposing sexual crimes on children.The author's suggestions, First, it is hoped that judges who try criminal cases,especially in examining and evaluating the testimony of minor witnesses, must bewise and wise. Second, there needs to be an internal judicial regulation thatdedicates the judge's belief in the consideration of child witness testimony byfollowing the latest regulations and closing the gap so that cases of immoralviolence decrease significantly with a deterrent effect for the defendants. Eitherthrough the decision of the Supreme Court in order to increase the evidentiarypower of child witness testimony in order to achieve the legal objectives of justice,certainty and expediency.Keywords: Strength of Proof - Indecent Crimes - Child Witnesses
URGENSI RATIFIKASI KONVENSI INTERNATIONAL LABOUR ORGANIZATION (ILO) NOMOR 189 TAHUN 2011 TENTANG PEKERJAAN YANG LAYAK BAGI PEKERJA RUMAH TANGGA TERHADAP TENAGA KERJA MIGRAN ASAL INDONESIA DI LUAR NEGERI Muhammad Dandy; Evi Deliana; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Until moment this profession as assistant house ladder still seen adjacenteye Like in script ILO Convention No. 189 of 2011 concerning Decent Work ForWorker House Stairs, that profession house ladder still Keep going belittled,which historical no lucky, by because that very susceptible to discrimination inThing condition work and work , against abuse right basic and others. In scriptconvention this, explained that worker house ladder contribute big to globaleconomy, including increase opportunity work paid for man and woman withresponsibilities, family, and more coverage large for serve senior citizens ,children and people with limitations , and large income transfers within the andbetween countries. Convention this formed also because consideration, that in thecountry develop , opportunity work in the formal sector historical rare, bybecause that worker house ladder contribute on significant proportion in forcework national, which arrived moment this still marginalized . Study this is studylaw normative that is use studies literature in collection the data. Study thischaracter descriptive try to describe how the urgency implementation ratificationILO Convention No. 189 of 2011. Furthermore , research this use meaningfulqualitative data analysis explain and conclude the data that has been collected byauthor . Results from study this is explain protection to worker Indonesianmigrants based on ILO Convention No. 189 of 2011 concerning Decent Work ForWorker House Ladder as well as need the ratification of the ILO conventionnumber 189 of 2011 concerning decent work for domestic workers for Indonesianmigrant workers abroad, so that in the future no return repeated torture andbullying to workers Indonesian migrants .Keywords : Urgency -Ratification-Workers-Convention Indonesian Migrants
POLITIK HUKUM NEGARA DALAM PENCEGAHAN PERCERAIAN DI INDONESIA MELALUI BADAN PENASIHATAN PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) Aulia Isnaini Dahlan; Firdaus Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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As a legal state, Indonesia has a Marriage Law which adheres to theprinciple of making divorce difficult. Divorce is regulated in Law no. 1 of 1974concerning Marriage as amended by Law no. 16 of 2019. Divorce only occurs ifcertain reasons are fulfilled in the legislation and are carried out before the court.This relates to the principle of complicating divorce in order to prevent someone fromtaking divorce steps. Even though this law has been implemented, it cannot be deniedthat currently the number of divorces that occur in society every year continues toincrease.Efforts to prevent divorce are also carried out by the government, through theBadan Penasihatan Pembinaan dan Pelestarian Perkawinan (hereinafter referred toas BP4) which is a partner organization of the Ministry of Religion which is engagedin providing advice on marriage, disputes and divorce. Then there was arevitalization of BP4 through the 14th BP4 National Conference in 2009 which wasoriginally only a consulting institution on marriage issues, through this NationalConference it expanded its duties not only as an extension institution, but also hadmore comprehensive tasks, including providing mediation assistance to parties wholitigation in the Religious Courts. However, it is unfortunate that this change does notcoincide with strengthening the legal basis of an adequate institution and tends toexperience a decline in legal authority. Previously, BP4 had a legal basis through theDecree of the Minister of Religion No. 85 of 1961, which was changed to the Decreeof the 14th BP4 National Deliberation No. 26/2-P/BP4/VI/2009 concerning theArticles of Association of BP4.This research was conducted using normative juridical research studies,namely research conducted by examining secondary legal materials that havesomething to do with the material of this thesis. From the research results there aretwo main things that can be concluded. First, a stronger BP4 institutional legal basisis needed through law. So that BP4 has greater authority in terms of carrying out itsduties and functions related to efforts to prevent divorce. Second, also in terms ofstrengthening legal substance, namely strengthening the legal basis of BP4institutions through laws, strengthening legal structures, namely regulations that alsohelp strengthen and assist performance in efforts to prevent divorce from BP4 itself.And finally strengthening the legal culture, namely people's attitudes towards the lawand the legal system, which is related to beliefs in their values, thoughts or ideas. Theimportance of a legal culture that is in harmony with society so as to createinstitutions that are in accordance with the culture of Indonesian society in efforts toprevent divorce itself.Keywords : State Law Politics, Divorce Prevention, and BP4.
EFEKTIVITAS PENGAWASAN KOMISI YUDISIAL PENGHUBUNG WILAYAH RIAU TERHADAP PENEGAKAN KODE ETIK HAKIM DI PENGADILAN NEGERI PEKANBARU TAHUN 2021 muhammad roif alghani; Dodi Haryono; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Judicial Commission Liaison (PKY) is an institution that assists the tasksof the Indonesian Judicial Commission in the regions. PKY Riau Region wasformed in 2013, according to Judicial Commission Regulation Number 1 of 2012concerning the Establishment, Structure and Liaison Work Procedures forRegional Judicial Commissions, its performance has not been optimal in carryingout its duties and functions.The method used study is an empirical juridicalapproach or legal sociology. The author conducted direct research at theresearch locations at the Riau Region PKY Office and the Pekanbaru DistrictCourt. The sampling technique was total sampling. Primary data collection byinterviews, observation and documentation, while secondary data by way ofliterature study. Furthermore, all data is processed and studied using adescriptive analytical method that combines field data with library data.Theresults of the study show that the Riau Regional PKY in carrying out the task ofmaintaining the honor and nobility, dignity and behavior of judges is based onpublic reports while sanctions against judges for violations are the authority ofthe Indonesian Judicial Commission (central). There are several inhibiting factorsthat affect the performance of the Riau Region PKY in enforcing the Code ofEthics for Judges at the Pekanbaru District Court, including online trials, covid-19, lack of human resources, and limited authority. This causes the supervisioncarried out by the Riau Region PKY to enforce the Code of Ethics for Judges atthe Pekanbaru District Court in 2021 to be less effectiveKeywords: Judicial Commission, Judicial Commission Liaison, Enforcement ofthe Code of Ethics and Judges Code of Conduct,
PENYELESAIAN SENGKETA BATAS TANAH DALAM PEMBUATAN SERTIFIKAT HAK MILIK ATAS TANAH MELALUI MEDIASI DI ATR/BPN KABUPATEN PASAMAN BARAT Apriella Desera Genada; Maryati Bachtiar; Meriza Elpha Darnia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The location of land boundaries can certainly lead to land disputes that arecontrary to regulations. It is clear that the Regulation of the State Minister for AgrarianAffairs/Head of BPN Number 3 of 1997 and the Implementation Provisions for GovernmentRegulation Number 24 of 1997 Concerning Land Registration states that land registration forthe first time, one of which must collect physical data and land juridical data and severalstages that must be carried out, where The collection and processing of land physical data iscarried out by measuring and mapping the determination of boundaries of land parcels by theNational Land Agency, but there are still individuals who collect and process physical dataunilaterally which results in disputes over land boundaries. The purpose of this study was tofind out the resolution of land boundary disputes in making land ownership certificatesthrough mediation at ATR/BPN in West Pasaman Regency. As well as to find out what thereasons for setting land boundaries in making certificates of ownership rights to land cancause disputes in West Pasaman Regency.The research method used in this study is the sociological method. This research wasconducted at ATR/BPN West Pasaman Regency which was the object of this research case.Then the population and sample are several parties related to the problem under study, aswell as data sources used primary data, secondary data and tertiary data. Data collectiontechniques in this study were interviews, observation and literature review.The conclusions obtained from the research results are First, the settlement of land boundarydisputes in making certificates of ownership rights to land is carried out by mediation 3(three) times carried out by the West Pasaman Regency Land Office as a mediator. Second,the factor causing land disputes in West Pasaman Regency, namely: (a) conflict of interest;(b) structural conflict; (c) value conflict; (d) relationship conflict; and (e) data conflict. Thesuggestions in this writing are First, the applicant for the certificate should be more thoroughand examine the truth about the location of the northern boundary of the land so that landdisputes do not occur with neighbors or residents who are next to our land. Second, the WestPasaman District Land Office should conduct education and socialization regarding landregistration to the public so that land disputes do not occur again in West Pasaman.Keywords: Dispute Resolution-Land Boundaries-Mediation
POLITIK HUKUM PENYEDERHANAAN KELEMBAGAAN PENJAGA LAUT DAN PANTAI DI INDONESIA Muhammad Naufal Asshidiqie; Dessy Artina; Zulfikar Jayakusuma
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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As an archipelagic country with a larger sea area than land, there are challengesin maintaining its territorial sea area. The challenge faced is in the form of efforts inenforcing the law of the sea. Currently, in law enforcement in the Indonesian seas, thereare many institutions that have the same authority and too many laws and regulationsgoverning maritime security in Indonesia. Therefore, the idea arose to simplify theinstitution of sea and coast guards in Indonesia. The purpose of this paper is to find outthe legal politics of simplifying the institutional simplification of Indonesia's sea andcoast guards and to know the implications of simplifying the sea and coast guardinstitutions in Indonesia onthe efficiency of other institutions that have authority in seaand coast guarding in Indonesia.This research is normative juridical, it is based on literature research that takesexcerpts from reading books, or supporting books that have a connection with theproblem to be studied. This study uses secondary data sources consisting of primary,secondary and tertiary legal materials. This study also used qualitative data analysisand produced descriptive data.As for the results of this study, several conclusions can be drawn, namely: First,Law Enforcement in the Indonesian Sea is running ineffectively because manyinstitutions have the same authority in law enforcement in the Indonesian sea. Second,the institutions that have existed will insist on maintaining their respective existences.So it is necessary to integrate maritime security regulations for the effectiveness of lawenforcement in Indonesia's territorial sea areas.Keywords: Simplification-Institutions-Authority
TINJAUAN KEWENANGAN PENJABAT KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR,BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG Nurhazlina Afia; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The 1945 Constitution does not explicitly emphasize the direct filling ofpositions for the process of filling the positions of Regional Heads in the regions,The existence of simultaneous Regional Head Election Preparations is a mandatefrom Law Number 7 of 2017 and Law Number 10 of 2016, has an impact onleadership in area Be it governors, regents or mayors related to the term of office.Replacement of leadership in the regions before the end of the regional head'sterm of office is based on statutory regulations where regional heads who aredemocratically elected can be replaced by Acting (Pj) Regional Heads. ) Districthead. As for the issues to be discussed are: 1) What is the authority of the Acting(Pj) regional head in the perspective of laws and regulations? 2) What is the idealconcept of the authority of the Acting (Pj) regional head in administering theGovernment. The type of research used in this legal research is normative legalresearch. Conceptual Approach). Number 1 of 2014 Concerning the Election ofGovernors, Regents and Mayors Becomes Law. Article 201 paragraphs (10) and(11), resulting in the extent of the Authority of the Acting Regional Head andunclear boundaries of authority. The two ideal concepts of the authority of theActing (Pj) regional head include: a) The Authority of the Acting Regional Headis regulated clearly and firmly in the Law -Acts on the grounds that the term ofoffice of Acting Regional Heads is sufficient, b) Implementation in establishingstrategic policies for Acting Regional Heads involves the Role of the DPRD, thisis very important related to the relationship of interests between the regionalgovernment and the Regional Representatives Council, c) There are rulesregarding Accountability of Acting Heads Region on the implementation ofAuthority, so that the content and time are clear responsibility for the authority ofthe Acting Regional Head.Keywords: Authority, Acting Regional Head, Act
BADAN LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA SEBAGAI PENYELENGGARA PERCEPATAN DAN PEMBENTUKAN UNDANG-UNDANG DI INDONESIA Ridha Putri Thaibah; Maria Maya Lestari; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Article 1 point 1 of Law Number 12 of 2011 concerning the Establishment ofLegislation, states that the Formation of laws and regulations is the making of Legislationstarting from the stages of planning, drafting, discussing, validating or stipulating, andenacting. One of the most crucial stages in the formation of a law is the planning stage. Theconcept of planning for the formation of laws so far has been implemented through theNational Legislation Program (Prolegnas) as the only law planning instrument that is set inthe medium term (five years) and annually (one year) and based on a priority scale. Thedelay in establishing the National Legislation Program is a form of non-compliance by thestakeholders in charge of forming the law. And the Legislative Body of the DPR RI as one ofthe complementary tools of the DPR which assists in planning the formation of laws has agreat responsibility for the preparation and coordination of the Prolegnas.The purpose of this study is to find out how the role of the DPR Legislative Body is inthe process of forming laws and what is the ideal concept of the DPR Legislative Body as anorganizer of the process of accelerating the formation of laws in Indonesia. This research isnormative juridical research and is supported by empirical data, research conducted basedon legislation and additional interview data. The approach taken includes a libraryapproach, namely by studying books and laws and regulations and an interview approachwith informants. The type of data used is premier data type, namely data sources obtainedthrough interviews with sources related to the Legislative Body, secondary data sources,namely data sources derived from books and other regulations, which consist of premierlegal materials, secondary legal materials and legal materials. tertiary law.The Legislative Body of the DPR RI as a complementary organ for the council incarrying out its duties in the process of forming laws has a fairly important role in theprocess of planning the formation of laws. And in carrying out its duties, the Legislative Bodyhas constraints and problems that interfere with the Legislation Body's duties. It is necessaryfor every member of the DPR Legislative Body to understand the duties or responsibilities ofthe Legislative Body as a complementary tool for the DPR in implementing the legislativefunction in the process of accelerating the formation of laws in Indonesia in order to achievethe goal of developing national law.Keywords : Legislation Body, National Legislation Program, Law Number 12 of 2011Concerning the Formation of Legislation

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