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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
PERGESERAN PERAN PEMERINTAH TERHADAP PENGAWASAN ORGANISASI KEMASYARAKATAN BERDASARKAN UNDANG-UNDANG ORGANISASI KEMASYARAKATAN DI INDONESIA Islami, Muhammad Izzul; Firdaus, Emilda; Artina, Dessy
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

Based on the number of Community Organizations that were born since the tap was opened by the government, the government took steps or roles by issuing Legislation regarding Community Organizations, the quick step taken was to issue Government Regulations in lieu of Laws (Perppu), namely Perppu Number 2 Year 2017 regarding amendments to Law Number 17 of 2013 concerning Social Organizations issued and signed by President Jokowi on July 10, 2017 and approved by the House of Representatives as Law through Plenary Session on October 24, 2017. This research is a normative legal research, because it is based on library research which takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, in the current CSO Law namely Law Number 16 Year 2017 there was a reduction in the portion of the government's role in CSO oversight compared to the previous CSO Law. Which, Law No.17 of 2013 has increased the role of government in supervision compared to Law No. 8 of 1985. In the future, a better arrangement in the future is to increase the number of regulations that focus on government oversight of CSOs, such as how to model development and empowerment of CSOs. So that with a more massive supervision and set forth in the organization of Mass Organizations, it will provide the right to freedom of association to be more accommodated and directed in accordance with our country's ideology, Pancasila. The author's suggestion is, First, it must re-adjust the role of the government, especially in monitoring CSOs by revising Law 16 of 2017 on this CSO or making special regulations for the supervision of CSOs so that they are in accordance with Pancasila and / or the 1945 Constitution and maintain the spirit of freedom of opinion and gather around. Secondly, In addition to increasing regulations that focus on oversight of CSOs, it can also add instruments by involving the Constitutional Court in the supervision of CSOs, especially in interpreting ideologies that are contrary to the 1945 Constitution. Because the state institution that has the right to interpret the Constitution is the Constitutional Court. Keywords: Oversight, CSOs, Role of Government
PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN PENANGKAPAN TANPA ADANYA SURAT PERINTAH PENANGKAPAN Dian Rahma Yunelfi; Emilda Firdaus; 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

Arrests carried out in the absence of an arrest warrant made by police investigators constitute acts contrary to the law which have been explained how to implement them in the Criminal Procedure Code, especially in Article 18 and are also regulated in the Regulation of the Head of the Indonesian National Police Number 6 Year 2019 concerning Criminal Investigations. Many cases of arrests without an arrest warrant can lead to arbitrary treatment by law enforcement and cause legal uncertainty for victims or suspects.This type of research can be classified as a type of normative legal research which specifically discusses the principles of law that are carried out on the legal norms which constitute a standard of behavior or attitude.The results of the research conducted by the author are that police investigators must be held liable for criminal liability because they have made mistakes in conducting the investigation process which will refer to professionalism as law enforcement. And also can provide legal certainty for victims and their families. The mistakes made by the police investigator should be justified as they should be not only in the form of apologies but also compensation and various sanctions that can be given to him.Keywords: Responsibility-Investigator-Arrest without a warrant
PERLINDUNGAN HUKUM TERHADAP KECELAKAAN KERJA PADA OPERATOR PESAWAT ANGKAT DAN ANGKUT DI PT. DAYA PERSADA UTAMA PEKANBARU Fakhri, Gusti Randika; Ismi, Hayatul; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Labor is every person who is able to do work to produce goods and / or services both to meet their own needs and society. While the employer is an individual, entrepreneur, legal entity or other bodies that employ workers by paying wages or other forms of compensation. This research was conducted with the aim to find out how the protection for workers who experience workplace accidents in terms of Law No. 13 of 2003 concerning Labor and what are the factors that cause accidents can occur at PT. Daya Persada Utrama Pekanbaru.By using sociological or legal research methods (empirical), because in this writing the author directly conducts research in the location or place to be examined in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Daya Persada Utrama Pekanbaru, because the location is the author's value is relevant to the title in the author's appointment, while the population and sample are the company PT. Daya Persada Utrama Pekanbaru, the operator of the lift and angku aircraft and HR from the company. Data sources used are primary data sources and secondary data. The data collection techniques in this study are interviews and library studies.It can be concluded: Legal protection for workers in the event of a work accident is applied equally to all workers as is the case for providing health insurance and work accidents both for permanent workers, contract workers or casual daily workers must have the same position in obtaining guarantees occupational health. There are many factors that can cause work accidents that occur, therefore companies are required to use Occupational Health Safety Experts (K3) to minimize the occurrence of work accidents that occur in the company. So every company is required to include workers in the BPJS Program to ensure workers get work accident protection.Keywords: Legal Protection, Labor, Work Accident
PENGATURAN SANKSI PIDANA TAMBAHAN PENGUMUMAN PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Tiara Andicha Putri; Erdianto Effendi; Ledy Diana
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 crime of theft with violence itself is busy in the news in various media. crime against property, especially the seizure of motorbikes and other valuable objects which is accompanied by violence or which is known in everyday language as rampant once happened. Then an additional sanction is needed, namely an additional announcement of the judge's decision for the convicted person. The purpose of this study is to determine the additional criminal arrangements for announcing judges' decisions in Indonesia against violent burglaries and also the urgency to implement additional criminal announcements of judicial decisions on violent theft in these cases.This study discusses the legal systematics, the level of law synchronization, the history of law, and legal comparison. The method I use is the legal matrices system. The type of data used in this study is secondary data, namely primary legal material (the Basic Law and the Criminal Law Code), secondary legal material (books relating to the results of the research namely additional criminal arrangements announcements of judges' decisions regarding criminal acts theft with violence), and tertiary legal material. Data collection techniques using the deductive method is a way of drawing conclusions from the general to the specific nature.From the results of the study there are 2 main problems that can be concluded. Second, the urgency for the government to apply additional criminal sanctions to announce the decision of the judge is applied in Indonesia for perpetrators of theft with violence so that the perpetrators feel deterrent and do not want to repeat similar crimes or other criminal acts and also the public becomes aware of and cautious of ex-convicted criminal offense.key words: Arrangement - Additional Crimes - Announcement of Judge's Decision - Criminal Acts - Theft with violence
PELAKSANAAN PERJANJIAN JUAL BELI BERAS OLEH PERUSAHAAN UMUM BADAN URUSAN LOGISTIK SUB DIVISI REGIONAL WILAYAH IV BANYUMAS DENGAN USAHA DAGANG AL FALAH Nadia Yolanda; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Banyumas State Logistics Agency has implemented a Rice Sale and Purchase Agreement (PJB) with its partner, the Al Falah Trade Business. One form of negligence or broken promises in the implementation of the agreement that can be said to be detrimental to one party is the problem of default. The purpose of writing this thesis is to find out the factors that cause the occurrence of defaults carried out by the Al Falah Trade Business to the Banyumas Bulog Corporation and efforts to resolve the default in the implementation of the sale and purchase agreement carried out by the Banyumas Bulog Corporation with the Al Falah Trade Business.This research is a sociological or empirical research which is a type of research that uses the assumptions of the community in searching for facts that occur in the field to answer an existing problem. This research was carried out in the area of the General Enterprise of the Regional Logistics Agency, Regional IV, Banyumas. While the population and sample are parties related to the problem examined in this study, the source of the data used, primary data, secondary data, and tertiary data. Data collection techniques in this study were interviews and literature review.From the results of the research that the author did, it can be concluded, firstly the implementation of the sale and purchase agreement of rice between the Banyumas Bulog Public Corporation and its partners namely the Al Falah Trade Business stated in the form of an agreement referring to Presidential Instruction Number 5 of 2015 Concerning the Policy for Procurement of Grain or Rice and Rice Distribution by Government. In the rice sale and purchase agreement, there are problems of defaults carried out by the Al Falah Trade Business to the Banyumas Bulog Corporation, such as not delivering the rice supply within the period specified in the agreement, the delay in delivery of the rice in an additional period, the submitted rice is not in accordance with the quantity and quality stipulated in the agreement.Keywords : Rice Buy And Sell Agreement – Public Corporation Logistics Agency
AKIBAT HUKUM TERHADAP NARAPIDANA YANG MELAKUKAN PELANGGARAN TATA TERTIB TINDAK KEKERASAN DILEMBAGA PEMASYARAKATAN KELAS II.APEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995TENTANG PEMASYARAKATAN Wino Thantow Malbuano; Erdianto Effendi; Ledy Diana
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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Penitentiary is an institution of the criminal justice subsystem that has a strategic function as the implementation of imprisonment as well as a place of guidance for inmates, as written in Law Number 12 of 1995 Concerning Corrections. The imprisonment system as a criminal offender has lost its independence no longer in accordance with the level of peradap and the dignity of an independent Indonesian nation that has the philosophy of Pancasila, because the imprisonment comes from the view of individualism contained in the invaders' dictionary, which views and treats the convicted person not as a member of the community but is a member of society a public revengeThe problem that the author made the basis of this study is how the legal consequences of prisoners who commit acts of violence in prison and whether the application of sanctions against prisoners who commit violations, in accordance with the purpose of correctional measures. The purpose of this study is to determine the legal consequences of prisoners who commit acts of violence in prison and to determine the application of sanctions against prisoners who commit violations, in accordance with the purpose of correctional measures.This type of research can be classified into empirical or sociological research types, 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 Penitentiary Class II A Pekanbaru City, data sources used are: primary data and secondary data, data collection techniques in this study with observation, interviews and literature review.The results of this study are first. Legal consequences given by Correctional Staff to prisoners who commit acts of violence in Class II.A Penitentiary Pekanbaru, which is to enter the exile cell for 6 (six) days and can be extended for 2 (two) times 6 (six) days and do not get the right to remission , family visit leave, conditional leave, assimilation, near-free leave, and conditional release in the current year and recorded in register F. But not all violations of the rules of violence that occur in acts are in accordance with severe disciplinary punishment, only acts of violence that cause injuries physical punishment given severe disciplinary, second, the application of sanctions against inmates who violate the rules of violence is not in accordance with the purpose of correctional due to the many inhibiting factors in its implementation, as for the inhibiting factor is the lack of personnel security officers Class II.A Pekanbaru Penitentiary, incomplete facilities and infrastructure of Class II.A Penitentiary, Pekanbaru, over capacity, and many guests visiting Class II.A Penitentiary Pekanbaru.Keywords: Prisoners, Penitentiary
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PORNOGRAFI Shasri, Nadia Rachel Dwinanda; Jayakusuma, Zulfikar; Rahmadan, Davit
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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Pornography is a crime that is privacy in violation of Human Rights (HAM), especially the rights of children (right of child). Required application of criminal law policies so that the legal protection of children as victims of criminal acts of pornography can be implemented properly.This type of research used in writing this law is normative legal research that focuses on principles by formulating legal principles, both from social data and from positive written legal data. The legal principle that is used is the principle of justice regarding criminal law policies against children as victims of pornography that affects positive law in Indonesia.The results of this study are criminal law policies against children as victims of criminal acts of pornography, there must be a renewal of criminal law by applying the principle of restorative justice to children as victims of fair treatment and for perpetrators to be carried out rehabilitation of lawbreakers aimed not at retaliation. Legal protection applied to children as victims of pornography is still unable to accommodate the interests of children as victims. Legal protection given to children as victims must be able to restore the welfare of children as victims, be able to repair the damage that occurs both in terms of physical and psychological children as victims, and require the offender to contribute to the improvement by giving victims the right to receive compensation and restitution and protect it from being a victim again.Keywords: Criminal Law Policy - Children - Victims - Pornography
TINJAUAN YURIDIS BATAS KEWENANGAN ANTARA TENTARA NASIONAL INDONESIA DAN POLISI REPUBLIK INDONESIA DALAM MENINDAK TINDAK PIDANA TERORISME Bella Shintia Anggraini; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Terrorism act in various form, keep growing and expand to numerous country after the occupancy of global coalision. According to Romli Atmasasmita, in its progress it can cause jurisdiction conflict to the nations relationship among the countries who has interest in solving dangerous criminal cases that crosses territories. Criminal terrorism act is no longer just a national safety issues, also embrace defence and soveregnty of a nation, so as it need an extraordinary and multidimentional law enforcement in act and institution involvement in it. That effort can implemented by the involvement of TNI in handling criminal terrorism act. Indipendent and collaborative with POLRI. TNI involvement in handling criminal terrorism act meant as involvement to optimised Police role (Badan Nasional Penanggulangan Terorisme) in solving criminal terrorism prevention act in indonesian, which is by status and function to face obstacle in implementation of its duty and the fungction of preventing the criminal terrorist act.The purpose of writing this thesis, namely: First, to figure out the authority of Indonesian National Army (Tentara Nasional Indonesia) in preventing the criminal terrorism act in indonesian. Second, to figure out the involvement of Indonesian National Army (Tentara Nasional Indonesia) in preventing the terrorist in Indonesian.From the results of the study, based on two problem formulations can be concluded. First, TNI’s authority in preventing Criminal terrorism act in Indonesian law number 34 year 2004, law number 3 year 2002 about national defence article 7 section(2), and law number 5 year 2018 letter I section (3)about President as the highest man in charge in running the nation defence which helped by national defence as president’s advisor in establishing the policy of national defence. To face the terrorism threat , President in charge to assign TNI with DPR approvement. Second, TNI need to involved prevent criminal terrorism act in Indonesian because TNI has capability in inteligence, teritorial, combat and safety. TNI intelligence network can support and inform crutial information and detect terrorism network and activity in indonesian to TNI anti terrorisst force or other law enforcement. That capability need to use and become important matter in strategic national terrorism prevention.Keywords: Judicial Review - TNI – Terrorism.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA MELAKUKAN EKSPLOITASI SECARA EKONOMI DAN SEKSUAL TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Trie Sundari; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In Indonesia, crimes that often occur are trafficking in persons against minors who are exploited economically or sexually. The majority of victims of exploitation crimes are women and children. The main factors causing women and children to become victims of this crime are low levels of education and limited knowledge about their rights so that they are often used by perpetrators to fool victims with the aim of finding work. Based on cases of child trafficking that occurred in Indonesia according to the Indonesian Child Protection Commission (KPAI) that the police must act decisively related to trafficking in persons and exploitation of children, because child traffickers are increasingly rampant in Indonesia so it requires firm measures by law enforcement officials.Under the child protection law that every person is prohibited from placing, allowing, committing, committing to do, or participating in economic and / or sexual exploitation of children. The purpose of writing this thesis, namely: First to find out how law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of Pekanbaru City Police, Second to find out the obstacles in law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of the Pekanbaru City Police Department.Keywords: Law Enforcement - Criminal Acts - Perpetrators - Economic and Sexual Exploitation - Children
TANGGUNG JAWAB SELLER JEJAKTAPAK PADA PERJANJIAN JUAL BELI ONLINE DALAM MEMENUHI HAK-HAK KONSUMEN Arni Novi Sihombing; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Internet-based sale and purchase transactions have reformed the sale and purchase transactions that occur conventionally, where transactions between business actors and consumers that were originally carried out directly become indirect transactions. One of the growing online buying and selling transaction sites in Indonesia is Shopee. The Government and Shopee site administrators have guaranteed consumer rights through the law, but there are still many cases of consumers who are disadvantaged in these online transactions.The issues discussed are first, regarding how the Implementation of Business Actors' Responsibilities in the online sale and purchase agreement in protecting consumer rights, and secondly the Efforts to Protect Consumer Rights in the Online Purchase Agreement.This thesis research method uses the type of sociological legal research. Sociological law research is research that wants to see the correlation between law and society, so that it can reveal the effectiveness of law enforcement in society. This research is descriptive. The data used are primary and secondary data, namely directly through respondents (field), Law Number 8 of 1999 Concerning Consumer Protection, legal journals and books relating to research. This data analysis is done qualitatively and deductive conclusions are drawn.From the results of research conducted by the author, found that many consumers are harmed as a result of not being able to return goods or funds to goods that do not match received. So there needs to be a change in the service of JejakTapak Seller to improve its services significantly so that consumers are satisfied with the service. Consumers also need to be more careful in shopping online.Keywords: Responsibility - Online Shopping

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