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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
TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK Dara Mutiara Wani; Mexsasai Indra; Muhammad A. Rauf
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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The General Election Commission (KPU) juridically has the responsibility oforganizing the democratic party stage commonly known as elections. Thus, the main key inthe successful implementation of elections lies in the hands of the KPU, this is regulated inLaw Number 17 of 2017 concerning General Elections. Voter participation is ofteninterpreted as an indicator of electoral success in various electoral histories in Indonesia.One of the factors of low political participation in the community is due to socializationwhich is only carried out ahead of simultaneous elections. Not only that, the KPU is still notoptimal in providing understanding and awareness for voters to participate in simultaneouselections and socialize about elections.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 and discussions carried out, there are severalconclusions obtained, namely: First, the responsibility of the KPU in increasing publicparticipation in simultaneous elections has not run optimally and there are still shortcomingsin carrying out its duties and responsibilities in accordance with applicable regulations.Second, the factors inhibiting the KPU in increasing public participation in simultaneouselections include geographical location, lack of role of political parties, community mindset,problems with the Daftar Pemilih Tetap List (DPT), obstacles when conducting socialization,limited human resources owned by the KPU, and negative public views on elections. Third,the ideal concept of KPU in increasing community participation in the 2024 simultaneousgeneral elections consists of various efforts that can be done including, carrying outsocialization of Goes to Campus and Goes to School, socialization with assisted citizens,forming democratic cadres and embracing community and youth organizations, the use ofsocial media and mass media, dissemination of information through props, socialization ofmobile cars, methods of socialization with electiontainment, democracy ambassadorprograms, and working with educational agencies and work environments to disseminate A5forms. The author's suggestion is that there is a need to strengthen the KPU institution as awhole by creating a new legal rule or a separate KPU regulation regarding the KPU'sresponsibility in increasing community participation, so that later related to the functions andauthorities of the KPU will be stronger, especially in increasing public awareness toparticipate in simultaneous elections, so that later a legal certainty and rules are guaranteedby individuals and the community in political participation.Keywords: KPU, Community Participation, Simultaneous General Elections
ANALISIS PUTUSAN HAKIM PENGADILAN NEGERI SIAK DALAM PERKARA PERDATA NOMOR 37/Pdt.G/2018/PN.SAK TENTANG PENETAPAN GANTI KERUGIAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM Maryam Khairunnisa; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This research related to the analysis of the decision of the judge of the Siak District court incivil case number 37/Pdt.G/2018/PN.Sak regarding the determination of compensation fordevelopment in the public interest. Based on this decision, there are many things that need to bestudied because they are not in accordance with the provisions of existing laws an regulations.Therefore, it is necessary to study stimulatively the first consideration of the judge in the decision ofthe Siak District court in civil case number 37/Pdt.G/2018/PN.Sak regarding the determination ofcompensation for development for the public interest.. Second, the suitability of the judge’s decisionto the theory of justice according to the Siak district court in civil case number 37/Pdt.G/2018/PN.Sakregarding the determination of compensation for development in the public interest.
PELAKSANAAN PEMBERIAN GANTI RUGI KEPADA PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM (STUDI KASUS PUTUSAN KONSINYASI NO.13/ PDT.P/KONS/2017/PN.PBR) Ahsanu Ilham; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Infrastructure development in this case the highway itself is still very much needed asa means of supporting land transportation to help the economy in the community. Theincreasing volume of commercial land transportation vehicles (motorbikes, cars), publictransportation (buses, minibuses) and freight transportation (trucks) certainly requires alot of land / land so that there is no overcrowding of vehicles, especially during peak hoursthat occur sustainably. In carrying out this infrastructure development, parties who needland can use the other party's land rights by seeking approval from the land rights holder.Parties who need land can be pursued through the transfer of rights in the form of buyingand selling, or the release of land rights by the holder by providing compensation by theparties who need the land to the holder of the land rights. To anticipate land disputes andconflicts that will occur, legal tools and a neat and orderly land administration system areneeded, so as to guarantee and be able to provide legal protection to land rights ownersand can regulate the ownership, transfer and allotment of land in a fair andcomprehensive manner.Research using a type of Empirical Juridical research or Legal Sociology research isan approach used to see something legal reality in society. The Sociology of Law approachis an approach used to look at legal aspects in social interaction in society and serves as asupport for identifying and clarifying findings of non-legal materials for the purposes oflegal research or writing.From the results of the first study, the implementation of the provision ofcompensation to land rights holders based on convoluted Consignment Decisions cannotbe proven due to misunderstandings starting from the preparation stage, implementation,to submission of results and the implementation of the compensation process has beencarried out in accordance with laws and regulations. The lack of public understanding andthe laws governing the reference point of land assessment make this compensation processtime-consuming and do not show transparency of justice in question. Secondly, Theimplementation of compensation is hampered because there are parties who refuse theamount of compensation offered by the land acquisition implementation team with theresults of calculations from an independent. There is a discrepancy between the name ofthe previous land title holder and the current land owner, and the constraints of finding theowner of the land because the owner who has died or has also moved his domicile makesthe provision of compensation entrusted in court (consignment)Keywords: Consignment - Land Acquisition - Land Rights - Compansation
KEPEMILIKAN TANAH SECARA GUNTAI (ABSENTEE) DI KECAMATAN GUNUNG TOAR BERDASARKAN PERATURAN PEMERINTAH NOMOR 224 TAHUN 1961 JO PERATURANPEMERINTAH NOMOR 41 TAHUN 1964 TENTANG PELAKSANAAN PEMBAGIAN TANAH DAN PEMBERIAN GANTI KERUGIAN Rahmat Septiadi; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Land has an important role for human life because human life cannot be separated from land.In the regulations that have been set forth in Article 10 paragraph 1 of Law number 5 of 1960concerning Basic Agrarian Regulations it stipulates that: "Every person and legal entity that has aright to agricultural land is in principle obliged to work or actively cultivate it himself by preventextortion. According to the Basic Agrarian Law, it expressly prohibits land aggregation. The aim is tofind out the factors of the occurrence of guntai land (absentee) in Gunung Toar District and to find outthe Prevention Efforts Against Guntai Land Ownership (absentee) in Gunung Toar District.The research method is an important factor for scientific writing. A scientific work must containtruth that can be accounted for scientifically so that the results of the scientific work can approach areal truth. Legal research is carried out in the context of efforts to develop law and respond to newlegal issues that are developing in society. Without legal research, legal development will not beoptimal. The author uses a type of sociological or empirical legal research. Sociological research isresearch on law observing what are the characteristics of a community's behavior in an area in anaspect of social life. The location of the research conducted by the author is in Gunung Toar District,Kuantan Singingi Regency because in Gunung Toar District there is still absentee land ownership.Laws and regulations as guidelines for the implementation of clear and firm regulationsregarding restrictions on land ownership which are increasing on the control of agricultural land. Inarticles 12 and 13 of the UUPA the government in the agrarian field which is monopoly can only becarried out by law. Kuantan Singingi Regency, especially in Gunung Toar Subdistrict, there are stillmany absentee/guntai lands. So far, the Defense Office has indeed not done anything concrete tosupport the effectiveness of the ban on absentee/guntai land ownership. The results of the interview withMr. Riko Syahrudin S.H explained that there were several steps that had been taken by the ATR/BPN ofthe Kuantan Singingi Regency in carrying out prevention and control of agricultural land by people orfamilies who lived outside the area where the land was located or also called absentee/guntai land. Inline with the objectives to be achieved through the Defense Orderly Chess program, especially defenseand orderly use of land, the Agrarian Spatial Office/National Land Agency of Kuantan SingingiRegency has made efforts, namely: law enforcement by holding directed and widely continuous legalcounseling.Keywords: Land, Guntai (Absentee), Ownership.
PENGGUNAAN AKAD MURABAHAH DALAM PEMBIAYAANMODALUSAHA PADA PT. PERMODALAN NASIONAL MADANI MEKAAR SYARIAH CABANG KUANTAN MUDIKBERDASARKAN HUKUM EKONOMI SYARIAH Pela Sapira; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This reseach the use of Murabahah Contracts at PT. Mekaar Syariah National CivilCapital, hereinafter referred to as PNM Mekaar Syariah Kuantan Mudik in business capitalfinancing. The use of a murabaha contract that is not carried out in accordance with theprovisions of the Sharia Economic Law. Therefore, it is necessary to study first, how is the useof the Murabahah Contract in financing venture capital at PT. National Capital MadaniMekaar Branch of Kuantan Mudik based on Sharia Economic Law. Second, is the contract thatshould be used in financing venture capital at PT. National Civil Capital Mekaar SyariahMudik Strength Branch.This research is a sociological legal research, with the intention of looking at thecorrelation between law and society. Because it is based on field research, namely by collectingdata from observations, interviews, questionnaires, and literature studies that have to do withproblems using qualitative data analysis, producing descriptive data, and concluded with adeductive thinking method.From the results of the study, it was concluded that, First, in the PNM Mekaar SyariahKuantan Mudik Branch agreement with customers, financing is given in the form of money inthe amount according to the financing application submitted by the customer so that the saleand purchase between PNM Mekaar Syariah Kuantan Mudik and the customer does not occur,then the customer is given the authority to use the financing money to buy goods according tobusiness needs, but in practice the customer does not exercise this power and uses the financingmoney for other purposes such as consumptive needs. Second, the implementation of financingcarried out by PNM Mekaar Syariah Kuantan Mudik which provides financing in the form offunds, is more appropriate to use a musyarokah contract because the provision of businesscapital in the form of money is not appropriate using a murabaha sale and purchase scheme,but business capital financing transactions in the form of money are more appropriate to use acontract. musyarakah agreement.Key Words : Financing, Murabahah, sharia economy
TINJAUAN YURIDIS PENETAPAN NOMOR 29/PDT.P/2019 PN GIANYAR TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN PUTUSAN MAHKAMAH AGUNG REG NOMOR 1400K/PDT/1986 Sugi Kurnia Pakpahan; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Interfaith marriage is a marriage bond between a man and a woman who embracedifferent religions and beliefs while maintaining their respective beliefs. The phenomenon ofinterfaith marriage is not new in Indonesia. Previously, there were rows of Indonesianwomen who married non-Muslim men. A well-known case is the marriage of Andy VonnyGani P, a Muslim couple. The purpose of this writing: First, to find out the arrangements formarriage according to Law Number 1 of 1974 concerning marriage. Second, to find out theregulation of interfaith marriage according to law in Indonesia in relation to the SupremeCourt Decision Number 1400k/pdt/1986 (Case Study of Determination Number 20/pdt.p/2019PN Gianyar)The type of research in this paper is normative legal research. Normative legalresearch is legal research conducted by examining legal literature or secondary data. Thisresearch focuses on research on legal systematics. Research on legal systematics can becarried out on certain laws or recorded laws.From the results of the research, there are two main things that can be concluded.First, the provisions for marriage of different religions are not regulated in the MarriageLaw, Article 2 Paragraph (1) of the Marriage Law is a "blanconorm" or empty rule, so thatthe Civil Code only states that the Law The law views marriage from the point of view of itsrelationship with civil law only. This means that regulations according to religious law arenot important as long as they are not regulated in Civil Law so that interfaith marriages arenot prohibited. Second, marriages of different religions are not specifically regulated, so theSupreme Court Decision Number 1400K/PDT/1986 can be justified because of a legalvacuum, then social realities and needs as above are left legally unresolved, becauseallowing the problem to drag on will definitely lead to negative impacts in terms of social andreligious life in the form of smuggling of social and religious values. Determination ofNumber 29/PDT.P/2019 PN Gianyar which legalizes this interfaith marriage. Because, inorder to avoid unpleasant actions.Keywords: Juridical Review, Marriage, Different Religions
ANALISIS YURIDIS PERTANGGUNGJAWABAN TINDAK PIDANA PEMBANTUAN/ MEDEPLICHTIGEDALAM KASUS KERUSUHAN DEMONSTRASI Vannesah Nara Tasya Halim; Ferawati Ferawati; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The decision of the Panel of Judges at the Central Jakarta District Court in the criminalcase Number: 844/Pid.B/2019/PN.Jkt.Pst, is one of the cases of national concern. The decisionrelates to the Crime of Assistance/Medeplichtige which raises questions regarding what is thejudge's benchmark in deciding the case so that the defendants are interpreted as actorsparticipating in assisting anarchist crimes and what actions can be categorized as assistancein a crime, because in that case it was found that the co-perpetrator of giving drinking waterand water for washing his face to the participants in the riot action during the demonstrationwas sentenced to a criminal sentence even though he had no malicious intent to commit acrime. The purpose of this research is to find out the liability for the criminal assistance/medeplichtige and to find out the suitability between the arrangements regarding the crime ofassisting/ medeplichtige and decision No.844/Pid.B/2019/PN.Jak.Pst related to thedemonstration riot case.The results of this study there are two main points. First, that accountability related tocriminal acts of assistance/medeplichtige in Indonesia is regulated in Article 57 of the CriminalCode where in the decision related to the demonstration riot case there are reasons that cannegate accountability in a person. Second, after outlining and analyzing the related decisions,it was found that there was a judge's mistake in interpreting the suitability between the actionscommitted by the Defendants and the arrangement for co-operation crimes because there wasno causality between the act and the circumstances after the act was committed and the judge'sjudgments or judgments in this case were not objective, because it is not based on the factsrevealed in court.Keywords: Medeplichtige-Demonstration-Criminal Liability
ANALISIS YURIDIS PENGGUNAAN ALAT GLOBAL POSITIONING SYSTEM (GPS) OLEH PENGEMUDI KENDARAAN MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Haffid Lufthi; Dessy Artina; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Global Positioning System (GPS) is a system that functions to make it easier for adriver to obtain information about his position and can perform Route Tracking and find anaddress so that it is useful for fuel and travel time destinations. The problem regarding theGlobal Positioning System (GPS) stems from the Traffic and Road Transportation Law,which drives vehicles with full concentration as stipulated in Article 106 of the Road Trafficand Transportation Law (LLAJ). This is where this article implies that the use of the GlobalPositioning System (GPS) when driving can cause accidents, so that when viewed fromArticle 106 paragraph 1 of the Traffic Law there is a lack of clarity in the rules.The conclusions that can be obtained from the results of the research are: First, theinterpretation of the law regarding "doing other activities or something that results inimpaired concentration while driving in Article 283 of Law Number 22 of 2009 with the 1945Constitution as long as it is not interpreted. satellite which is usually called the GlobalPositioning System (GPS) contained in a smartphone (smartphone) is unreasonableaccording to law and the article is still considered relevant. Second, the ideal arrangement inguaranteeing legal certainty for the use of the Global Positioning System (GPS) device is thatthe norm cannot access a complete understanding of the norms contained in Article 106paragraph (1) of Law Number 22 of 2009. This norm contains the norms of command whichobliges everyone to drive their vehicle fairly and with full concentration. In the context ofcreating and passing safety against violations of the norms in question, it is necessary to givethe threat of sanctions whose formulation is placed at the end before closing.This type of research can be classified in the type of normative legal research,which discloses laws and regulations relating to legal theories that are the object ofresearch. The approach taken is using a qualitative analysis approach by searching for datain books, journals and other scientific works related to this research. The data sources usedare primary and secondary legal materials.Keywords: GPS, Traffic, Transportation, Road Transportation.
PEMULIHAN KERUGIAN KORBAN KEJAHATAN TERHADAP HARTA BENDA DALAM PERSPEKTIF HUKUM PIDANA Mutiara Sri Melinda; Erdianto Erdianto; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Crimes against property in Indonesia have not been regulated perfectly in law so thatthey are still partial and require further implementing regulations for the sake of justice andwelfare of those concerned. One of the rights of the victim is to get compensation from theperpetrator so that it can help the victim to reduce his suffering. If the crime that befalls thevictim is a property crime with material losses, then the intended compensation is the returnof the victim's belongings or the perpetrator compensates for a number of victims' losses.positive in Indonesia and its implementation. And secondly, to find out the ideal punishmentfor criminal property crimes in Indonesia in the future.From the results of this research on legal issues, it can be concluded that there areseveral things that need to be done for the benefit and justice of law in Indonesia, both fromthe perspective of perpetrators and victims. Namely, first, regulation of criminal sanctionsagainst property in positive law in Indonesia and its implementation. In the event that thereare several arrangements, namely Article 98 of the Criminal Procedure Code, Law Number13 of 2006 concerning the Protection of Witnesses and Victims, Government RegulationNumber 35 of 2020 Amendments to Government Regulation Number 7 of 2018 concerningProvision of Compensation, Restitution and Assistance to Witnesses and Victims . In Islamiclaw, it is also known as the concept of Diyat. Besides that, there is also customary law thatoccurs because of habits that have existed from the past and are used as rules in society.Second, ideally the imposition of crimes against property in Indonesia in the future. In thiscase the researcher provides a new alternative in solving the problem of crimes againstproperty, namely where to propose compensation to be one of the main crimes that should beregulated in the types of Indonesian crimes. Seeing the many victims whose property will beharmed in the future. Suggestions from the author is that in the future criminal law reformsshould be carried out where there are rules that clearly regulate the compensation sufferedby victims of crimes against property.Keywords: Property, Victims, Compensation
TANGGUNG JAWAB LEMBAGA PEMASYARAKATAN DALAM PEMBINAAN NARAPIDANA UNTUK MENCEGAH DAN MEMINIMALISASI RESIDIVIS DI LEMBAGA PEMASYARAKATAN KELAS II A PEKANBARU teguh eka putra; Firdaus Firdaus; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The guidance carried out by the Class II Penitentiary in Pekanbaru,namely welding, barbershop, rattan making services, narista, motorcycle service,processing organic nuggets, processing soybeans, reflexy massage, hydroponicvegetables, , lack of budget, and the less than optimal capacity or area of theClass II a Penitentiary in Pekanbaru.This research is using research method that is a sociological legalresearch. Sociological legal research is legal research that looks at how it shouldbe (dass solen) and what the facts are in the field (dass sein). This study looks athow coaching in Class II a Pekanbaru prisons should be, but in fact the coachingis not carried out as it should.The results of this study, in conducting coaching at the Pekanbaru Class IIA Prison, there are still shortcomings carried out by the Pekanbaru Class II APrison, such as a shortage of personnel, budget and capacity shortages or the sizeof the Class II a Pekanbaru Penitentiary. Efforts that need to be carried out areadding personnel, increasing the budget and expanding the capacity or area ofthe Class II a Penitentiary in Pekanbaru. So it is hoped that the guidance can bemaximized and can reduce inmates who have been inmates from committingcrimes again (recidivists).Keywords: Correctional Institution – Inmates – Guidance.

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