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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
Arjuna Subject : -
Articles 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PARTAI POLITIK SEBAGAI KORPORASI DALAM TINDAK PIDANA KORUPSI Yolanda Putri; Mexsasai Indra; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One problem that has received much attention in this reform era is corruption. Corruption costs the poor by distorting funds used for development activities. Since its establishment, the Corruption Eradication Commission (KPK) has ensnared 891 corruptors, as many as 223 others are cadres of political parties. So far, politicians with the status of corruption suspects have always been punished by the court, but there is no reward for the political parties where they take shelter. Whereas political parties benefit from criminal acts that occur. By following the line of thought in corporate crime, political parties should also be charged with corruption. This research uses the typology of normative legal research or so-called doctrinal legal research, which more specifically discusses the principles of law. In this study, researchers used the nature of dextiptive research, because researchers described the Juridical Analysis of Criminal Liability of Political Parties as Corporations in Corruption Crimes. The results of the research is up to now political parties have never been held liable for criminal acts for corruption which involve them, whereas based on the characteristics of the corporate concept in the law on corruption eradication, political parties can be equated with corporations in criminal law. Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, which is the latest legislation issued to act on political parties as corporations, still has weaknesses, including not explaining the criteria of subjects that can be criminally liable. So as to cause the actions of people in carrying out the duties and authorities in a corporation (political party) it can actually be accounted for personally.Keywords: Accountability - Political Parties – Corporations - Criminal Acts - Corruption
TINJAUAN HUKUM TERHADAP PERAN PIALANG ASURANSI DALAM PELAKSANAAN ASURANSI PADA PT. ESTIKA JASATAMA DALAM PENYELESAIAN KLAIM NASABAH ASURANSI KERUGIAN Wira Wijaya, Ryan Nugraha; Ismi, Hayatul; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Insurance broker or broker insurance is a person who works at an insurance brokerage company and meets the requirements to provide recommendations or represent policyholders, insured, or participants in closing insurance or sharia insurance and / or claim settlement. The insurance broker is not only a liaison between the insured and the insurance company, but also provides consulting services for prospective insured. Because the prospective insured could still be confused choosing the right insurance company according to the risk profile.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Estika Jasatama Pekanbaru, because the location is the author's value is relevant to the title raised by the author, while the population and sample are the company PT. Estika Jasatama, the customer who submitted the claim to the insurance party, and the Insurance Company. Data sources used are primary data and secondary data. Data collection techniques in this study were interviews, and literature review.The conclusions that can be obtained from the results of the study are First, the role of the insurance broker PT. Estika Jasatama in settling customer claims is not optimally run. The broker does not carry out its responsibilities in handling insurance claims settlement and cannot optimize the fair compensation value through a negotiation process with the insurance company. So that customers do not get insurance claims as they should. and Second, the cause of the insurance party does not pay insurance claims to the customer caused by insurance brokers who do not carry out and fulfill their obligations to the parties in the case of this study. Broker's mistakes are less thorough in carrying out the insurance closure process until the settlement of the claim so that the claim is not paid according to what is stated in the insurance policy to the parties.Keywords: Legal Review, Role, Insurance Brokers, Settlement of Claims, Insurance, Losses.
ANALISIS YURIDIS TENTANG PEMBEBANAN PERTANGGUNG JAWABAN PIDANA YANG DILAKUKAN KORPORASI Hidayahtullah, Yusuf; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Forest and land fires that occur in the community or in other institutions such as Corvation often occur during the dry season, so that it is affected by individuals who improve land that is expected to save the lives of people who cause the disease. This type of research finds juridical research normative, because in this study the authors used literature studies. The data source that I use, primary data, secondary data, and tertiary, data merging techniques, in this study is to replace studio studies of the study of books, literature, notes and reports that relate to the problems that the authors examine. From the results of the study the problem of two main things that can be concluded. First, what is the determination of determining the payment of liability for the land and forest acquisition. Second, how is the liability of the sentence carried out by the company in the event of a vacancy? Authors' Suggestions, firstly Based on article 49 of Law Number 41 Year 1999 Concerning Licensing Related Rights or Permits responsible for forest fires in the area taken over, according to the case of PT Wahana Sumber Sawit Indah (WSSI) responsible for forest and land fires caused by negligence / neglect is not the business of H Thamrin Basri who is considered as the company's leader. PT Wahana is a source of beautiful palm oil Siak district responsible for the company is the company responsible for the company handling the vacancy of the company responsible for the assistance submitted by Mr. Thamrin Basri whose responsibility is not on target. Keywords: Criminal Liability Conducted by the Corporation
PENYELESAIAN PERKARA TINDAK PIDANA MELALUI PERADILAN ADAT (STUDI KASUS DI NAGARI PEMATANG PANJANG KABUPATEN SIJUNJUNG) Miftahul Rahmi; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The resolution of adat disputes and minor criminal acts is carried out by the adat stakeholders. In practice customary courts have proceeded smoothly in resolving criminal cases, but besides that the problem is related to the legal status and position or legal force of decisions resolved in adat courts in the perspective of national criminal law and whether the decisions have binding legal force.The purpose of writing this thesis, namely: First, Knowing the legal position of customary justice in Indonesian national law, Secondly knowing the process of implementing customary justice in resolving criminal cases in Nagari Pematang Panjang, Sijunjung Regency. This type of research is a sociological.From the results of the research conducted it can be concluded, First, the settlement of criminal cases with customary law is a global trend at this time. The process of resolving criminal cases is not only oriented towards the perpetrators but also accommodates the interests of the victims and the community. An attempt was made to bring things back to the way they were before the case. Apart from being rooted in the law that lives in the community, this pattern of case resolution tends to be more effective and efficient so that it does not leave or cause new problems. Secondly, in Indonesia the settlement of criminal cases with customary law commonly known as peace has been carried out since the existence of customary law itself, namely since the existence of the community. This is done not only because it looks at the interests of various parties but is also considered as an effort to cleanse the soul of the person, the community, and the environment from the evils caused by disputes in the community. So, peace is part of the religion or beliefs held by Indonesian indigenous people. Authors' Suggestions, First the process of resolving criminal cases through the process of customary religion must be maintained in every problem that occurs in the middle of Nagari Pematang Panjang by deliberation and consensus so that the dispute can be resolved by peaceful and familial means. Second, conducting legal studies and exploring the values and local wisdom carried out by indigenous peoples with a number of laws and regulations relating to the existence and authority of traditional institutions in resolving an adat case so that its existence and authority are recognized in resolving legal issues.Keywords : Criminal act - Customary Justice - Nagari Pematang Panjang
ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA NOMOR 47/PID.B/2018/PN MANDAILING NATAL PADA KORBAN SALAH TANGKAP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rangkuti, Nurul Ibda Aprilia; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

One of the problems that occur in the Criminal Justice System is the violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, personal violations of the suspect to serious violations such as the fabrication of witnesses and the fabrication of evidence of a case. If a suspect's information which is allegedly committed a criminal act is used as evidence for the investigator, it turns out that the acquisition is based on pressure or coercion that results in psychological and physical suffering and creates fear. Acquisition of information as evidence must be declared invalid because it may contain an engineered confession. Violations of procedures and misidentification of victims of criminal acts that still occur today are seen as a result of the weak professionalism of law enforcement officers. Cases of wrong procedures and wrong investigations can lead to errors in determining the culprit or what is often called a wrong arrest. This happened in Case Number 47 / Pid.B / 2018 / PN Mandailing Natal. The purpose of writing this thesis, namely: first, knowing juridical analysis of Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal on victims of wrongful arrest based on Law Number 8 of 1981 concerning KUHAP. Second, knowing the basic analysis of judges' consideration of Case Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal for victims of wrongful arrests under Law No. 8 of 1981 concerning KUHAP.The type of research used in this legal research is the normative juridical method. Therefore, it is used an analysis with a qualitative measure based on the substance of the data collection in drawing conclusions. In drawing conclusions the author uses the method of deductive thinking, which is a way of thinking that draws a conclusion from things that are general to things that are specific.From the results of research and discussion it can be concluded, first, the existence of law enforcement officers who are not professional in carrying out their duties in accordance with the provisions of Law No. 8 of 1981 concerning KUHAP. Second, the judge in deciding a criminal case must consider the formal requirements of evidence and regarding the strength of evidence the judge must see firsthand whether there is correspondence between one and another evidence, the judge should look at the facts that occur in the trial.Keywords: Criminal Justice System, Wrong Arrest, Decision
ANALISIS PERLINDUNGAN KONSUMEN TERHADAP ANAK YANG MENGKONSUMSI JAJANAN MENGGUNAKAN BAHAN BERBAHAYA DI PEKANBARU Mifta, Sarah; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Human is a consumer, there is no difference between the consumer of the child with the adult consumer, cheating on the consumer of Ana more susceptible to occur, conducted by the child Hawker vendors in the school, the child's absence becomes Pratik in Perpetrators of business fraud to gain maximum profit. Children can not tell which snacks are good for consumption and which is not good. Sometimes children who are consumers rarely pay attention to the food they buy on food vendors in schools and outside schools. The adverse effect of indirect harmful material will be felt directly by a child or an adult, its influence will be seen in the long run. Food is all that comes from sources of biological and water, whether processed or untreated, which is intended as food and beverage for humans, including food additives, food ingredients, and other ingredients used in preparation, processing and/or manufacture of food and beverage. School kids snacks are foods that are sold around schools and many school children consume. The goal is to know the protection of the child to the food actors who use hazardous materials as well as the responsibility of business actors for losses suffered by the child consuming.This type of research research can be classified, sociological, because in this research the author directly conduct research on the location or place in a thorough to provide a complete and clear picture of the problems studied, This research was conducted at elementary school which is in Pekanbaru and the Great Hall of Medicine and food, while population and samples are parties related to the issues investigated in this study, seumber data used primary data, data Data collection techniques in this study with interviews and literature studies. "The results of the study that in school children's snacks are still traders who are cheating and wearing hazardous materials in the food they sell. Business actors still do not know the responsibility for the losses suffered by consumers. The Government in this case is represented by Bbpom has sought to provide protection to the has of children.Keywords: snacks, hazardous materials, children.
TANGGUNG JAWAB PERAWAT DALAM MELAKUKAN TINDAKAN MEDIS (INJEKSI VITAMIN C) DI LUAR JAM KERJA DI KABUPATEN SIAK SRI INDRAPURA Nuraliyah, Putri; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Nurses are the most health workers in Indonesia. Nurse staff who perform nursing actions must be in accordance with nurse competencies that have been determined and obtained during the education process. Therefore, the responsibilities of nurses in carrying out nursing duties must be in accordance with nurse service standards, professional standards, operational standards, and the health needs of recipients of health services. The purpose of receiving this thesis, namely: First To find out what is the nurse responsible for medical actions outside working hours. Secondly to find out about what patients should do to the nurses in carrying out medical procedures outside working hoursThis type of research is included in Sociological Juridical research. According to Sutrisno Hadi, Sociological Juridical research is an effort to determine, develop, and test the truth of business knowledge conducted using scientific methods for research. This research was conducted and to complete the data source, the authors conducted research in Siak Sri Indrapura Regency, the data used were primary data, secondary data and data collection techniques in the form of research with interviews and questionnaires.From the results of this study it can be concluded that, First, the Nurses Responsibility for the medical actions carried out, for negligence committed, nurses X must first obtain the delegation of authority from a Doctor who is supported in article 29 of Law Number 38 Year 2014 Regarding Nursing, and uses Law Number 36 Year 2014 Regarding Health Workers Article 68 also describes' Every individual health service action carried out by a health worker must obtain approval. Then the error of medical action carried out by the Nurse without any authority delegated oral or written from the doctor must be the responsibility borne by the Nurse as medical negligence without any delegation of authority obtained.Keywords: Nurse-Responsibility
PERLINDUNGAN HUKUM TERHADAP SAKSI DAN PELAPOR DALAM MENGUNGKAP KASUS NARKOTIKA OLEH KEPOLISIAN RESOR KOTA PEKANBARU Khairani Miftahul Jannah; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Human life is inseparable from the problems to be faced and humans cannot avoid them.To overcome this we need a rule that can prevent and impose sanctions on people who do things that are not in accordance with applicable norms or ethics. One of the positive laws that exist in the community is the law governing the protection of witnesses and victims as stated in the state sheet which is the Republic of Indonesia Law No. 31 of 2014 concerning Protection of Witnesses and Victims. During this time many criminal cases have never been touched by the legal process to be tried because none of the witnesses or victims dared to reveal it, the threat of persecution, abduction of victims, witness or family members to murder is the main reason that makes them feel discouraged to be involved in giving testimony. From this background, the problem formulation was born namely, first how is the legal protection of witness and reporters in revealing narcotics crime by Pekanbaru City Police? Second, how is the effort to overcome barries to witness and reporter protection in revealing narcotics crime by Pekanbaru City Police? The purpose of this thesis is to find out the legal protection of witnesses and reporters in revealing narcotics criminal acts by the Pekanbaru City Police and know the effort to overcome the legal protection barriers to witnesses and reporters in revealing criminal acts by the Pekanbaru City Police.This type of research can be classified with research classified into sociological juridical research where the research examines the effectiveness of the law that is in force. From the research result, it is found that, first in protecting the rights of witnesses and victims, the government established an institution called the Witness and Victim Protection Agency (LPSK). Protection of witnesses and/or victims is declared to remain valid as long as it does not conflict with Article 44 of Law Number 13 year 2006 concerning protection of witnesses and victims. Second, the obstacles that occur are physical and psychological threats as well as criminalization efforts againts witnesses and victims or their families that make them afraid to give testimony before the court so that the most basic form of legal protection provide by law enforcement afficials and witness and victim protection agencies against Reporting criminal acts of narcotics abuse only conceal the identity of the reporter so it is not known by the perpetrators and also other syndicates.Keywords: Protection – Law – Witness – Reporter
AKIBAT HUKUM PENGAMBILALIHAN SAHAM PERSEROAN TERBATAS YANG TIDAK MELAKUKAN PENGUMUMAN SURAT KABAR BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Tafwan, Jihan; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Takeover is a legal act carried out by a legal entity or an individual person to take over the Company's shares resulting in the transfer of control over the Company. Article 127 paragraph (2) instructs the directors of the Company to announce a draft summary at least in 1 (one) newspaper that will take over no later than 30 (thirty) days prior to the invitation of the General Meeting of Shareholders. Because with this announcement, all parties interested in the company know that a new shareholder will be held.The purpose of this study was to determine the implementation of the takeover of shares of a Limited Liability Company according to Law Number 40 of 2007 concerning Limited Liability Companies. And to find out the legal consequences of Limited Liability Companies that take shares without making newspaper announcements. This type of research can be classified in the type of normative juridical research that is research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of statutory regulations, secondary legal materials legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively by analyzing descriptive data obtained from secondary data.Conclusions that can be drawn, First, acquisition of shares can be done in 2 (two) ways, namely through the directors of the Company and can be directly from shareholders. If the takeover has passed the procedures stipulated by the Company Law, then the acquisition of shares can be said to be valid and can be legally accounted for. Second, As a result of the Legal takeover of shares that do not carry newspaper news is null and void. Since the first time the share acquisition agreement was made, it has been invalid, so the law considers that the agreement to take over the shares has never existed before.Keywords: Legal Consequences - Share Acquisition - Companies Not Announcing Newspaper
PENYELESAIAN TINDAK PIDANA PENGGANIAYAAN SECARA MEDIASI PENAL BERDASARKAN HUKUM ADAT PADA MASYARAKAT DESA KECAMATAN KABUN KABUPATEN ROKAN HULU Fajri, Muhammad Al; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This study examines the settlement of criminal acts of torture by mediating the penaltieswhich were resolved through the Kabun District adat institutions so that they can be resolvedpeacefully as quickly as possible. The problem under study is How is the resolution of thecriminal act of torture mediated by penalties based on customary law in the village communityof Kabun District, Rokan Hulu Regency? as well as inhibiting factors in the resolution ofcriminal acts of torture by mediating penalties based on customary law in the villagecommunity of Kabun District, Rokan Hulu Regency?This study uses normative and empirical juridical approaches. The data used includeprimary data and secondary data. The data collection method in this research is to useliterature study and field study. The data processing is carried out by means of Editing thendata classification, Interprestion and data systematization are carried out. Data analysis wasperformed in a qualitative manner.The results of research and discussion show that the process of resolving cases ofcriminal acts of persecution using the mediation of penalties consists of the stages of themeeting consisting of the initial opening, delivery of problems between the parties,identification of agreed matters, formulation and preparation of the negotiation agenda,discussion of issues, laughter - Bidding on case resolution, decision making, and closingstatement. While the post-mediation stage consists of ratification of the results of theagreement, sanctions, obligations of the actors signing the peace agreement. Mediation wascarried out by previously making several considerations, among others, the victim agreed tohold a peaceful effort and resolved through family ties, the impact if the case continues, it isfeared that it will cause a trauma to both the perpetrator and his familyThe implication of this research is that the government needs to make laws andlimitations for criminal acts that can be resolved through mediation at the Customary level, thePolice and the Government need to make laws regarding the procedures for implementingmediation of penalties so that the practice of applying them in the field puts forward thedeliberation approach can be realized in the customary law of the Kabun sub-district.Keyword: Penal Mediation - Criminal Acts of Abuse - Customary Institution

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