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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 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
ANALISIS YURIDIS KEWENANGAN KOMISI PEMBERANTASAN KORUPSI DALAM PENYIDIKAN PELAKU TINDAK PIDANA KORUPSI PENGADAAN ALAT UTAMA SISTEM SENJATA OLEH OKNUM TENTARA NASIONAL INDONESIA Ardiansyah, Andri; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
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 Corruption Eradication Commission is an independent institution specifically formed to handle corruption cases that are equipped with a set of authority in carrying out the tasks of investigation, investigation and prosecution.In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations of the perpetrators of corruption, the procurement of the main equipment of the weapons system clashes with the oath of soldiers and the Military Justice Law, which has led to pros and cons in various circles.The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating the perpetrators of corruption in the procurement of the main weapons system, especially those carried out by the Indonesian National Armed Forces.second, to find out the criminal law policy on the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of the main weapons system by the Indonesian National Armed Forces.In writing this thesis the author uses the normative juridical research method that emphasizes legal principles, namely the principle of legality. Then analyzed qualitatively and then make conclusions with the deductive method.The results of the author's research, are; First, the Investigation carried out by the Corruption Eradication Commission has a legal basis Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission.All authorities related to investigations, investigations and prosecutions as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Law also apply to investigators, investigators, and public prosecutors in the Corruption Eradication Commission.Criminal law policy towards the handling carried out by the KPK and the Military related to the corruption case of the procurement of defense equipment is a separate treatment.Finally, the authors submit a suggestion that the President together with the House of Representatives (DPR) need to establish a regulation regarding the procedures and procedures regarding the investigation or existing laws must be amended so that there is no error in the authority of the investigation by any institution including the KPK, and so that the implementation or implementation the investigation has a clear legal umbrella and has legal jurisdiction.Keywords: Investigation - Corruption Crime - Military
IMPLEMENTASI PEMENUHAN HAK PENGURANGAN MASA PIDANA BAGI NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN Galingging, Winda Rosmauli Br; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Remission is a motivation for prisoners to always behave well, and no less important is remission as a catalyst and one of the benchmarks of successful coaching in correctional institutions / detention. Reduction of the period of serving a criminal given to convicts and child criminals who meet the conditions specified in the legislation. This is as stated in Article 1 number 6 Government Regulation (PP) No.32 of 1999 concerning the Requirements and Procedures for the Implementation of the Rights of Prisoners. But in the service of granting the right to reduce the criminal period in prison is not well taken care of by authorized officials. Finally, many prisoners do not get their rights.This type of research is classified as sociological research, because in this study the author directly conducts research at the location or place in order to provide a complete and clear picture of the problem under study. This research was conducted at Class II A Penitentiary Pekanbaru , while the population and sample are all parties related to the problem examined in this study, the source of the data used, primary data, and secondary data, and tertiary data, the data collection techniques in this study were carried out by interview, and literature study.This study aims to find out how the implementation of the fulfillment of the right to reduce the criminal period for prisoners in Class II A Penitentiary Pekanbaru, what obstacles faced by the Penitentiary in implementing the fulfillment of the right to get a decent criminal period reduction for prisoners in Class II A Penitentiary Pekanbaru and efforts what is done by Class II A Penitentiary Pekanbaru in overcoming the inhibiting factors in fulfilling the right to reduce criminal periods for prisoners.Keywords: Compliance- Reduction of Criminal Period-Prisoners.
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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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
Sinkronisasi Kewenangan Kementerian Hukum dan Hak Asasi Manusia Berdasarkan Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 2 Tahun 2019 Tentang Penyelesaian Disharmoni Peraturan Perundang-undangan Melalui Mediasi Dikaitkan Dengan Kewenangan Judicial Review Mahkamah Agung Vinchia Yohana Retta Nadeak; Dessy Artina; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Minister of Law and Human Rights Regulation No. 2 of 2019 concerning Disharmony Settlement Laws and Regulations Through Mediation regulates the mediation process for disharmony of several regulations such as Ministerial Regulation; Regulation of Non-Ministerial Government Institutions; Regulations from Non-Structural Institutions; and Regional Regulations. Whereas if a regulation is in conflict with other regulations, then a judicial review can be conducted to the Supreme Court and this has been stipulated in the 1945 Constitution where the 1945 Constitution is the highest statutory regulation and there is no lower statutory regulation that can override the provisions The 1945 Constitution.This type of research can be classified as a type of normative research. In this study, the focus is to examine the level of synchronization of law and the principle of law, namely the principle of lex superior derogate legi inferior. Source of data used secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with the literature review method, after the data collected and then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, First, the authority of the Ministry of law and human rights in completing the disharmony of laws and regulations based on Minister of Law and Human Rights Regulation No. 2 of 2019 is something that violates higher legal norms or norms. Because the 1945 Constitution which gives the authority to examine the legislation under the law against the law is to the Supreme Court and not to other institutions. Second, the Supreme Court should conduct a judicial review in which the ideal concept of authority is regulated in the 1945 Constitution and not the Ministry of Law and Human Rights. If you want to test the statutory regulations, then the laws and regulations must be made in the form of laws.Keywords: Disharmony of Laws and Regulations-Judicial Review.
ANALISIS HUKUM PIDANA MATERIL DAN FORMIL TERHADAP PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DI INDONESIA Adhelfy Prabas; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the concept of the rule of law, everything that is contrary to applicable rules must be held accountable, especially when it comes to money laundering. Some of the problems that are still deeply attached to money laundering include the meaning of the crime itself, then related to the perpetrators and the issue of accountability as well as sanctions given by law enforcement officials in combating money laundering. As for the purpose of writing this thesis, namely: First, to find out the extent of the enactment of material and formal criminal law against the eradication of money laundering in Indonesia, Second, to find out what are the efforts made to eradicate the crime of money laundering in IndonesiaThis type of research is normative juridical research, namely research conducted by examining secondary legal materials or research based on standard rules that have been recorded and discussing the principles of law and synchronizing the law. Data sources used in this study are primary data, secondary data and tertiary data.From the results of this study it can be concluded that in analyzing material and formal criminal law against eradicating money laundering, there are still some weaknesses so that it is not yet maximized in its implications. First, by emphasizing that there should be a re-harmonization or revision of the money laundering law which still has some shortcomings or gaps in its application. So with that case can produce a good legal product. Second, by strengthening regulations, increasing the reference standards of financial institutions,Keywords: Analysis – Eradiction - Money Laundering
TINJAUAN YURIDIS TERHADAP PIDANA UANG PENGGANTI UNTUK PENGEMBALIAN KERUGIAN NEGARA DALAM PUTUSAN PERKARA NOMOR:01/PID.SUS-TPK/2018/PN.PDG Husna, Rahmatul; Artina, Dessy; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the Criminal Act Article 18 paragraph (1) of Law Number 3 of 1999 concerning Eradication of Criminal Acts. In general, there are still many who question the issue of collecting money, one of which is the criminal prosecution of corruption together. The judge dropped the loan of money to the defendant. The purpose of this thesis discussion, namely: First, understand money arrangements for corruption. Second, to find out the juridical decision on spending money on state spending for case decisions Number: 01 / Pid.Sus-TPK / 2018 / PN.Pdg.This type of research is normative legal research. This study is more specific to the principle research on the court's decision by reviewing, analyzing and analyzing various related literature which also discusses interviews with Kasubsi Extraordinary Efforts and Execution of the Special Crimes of the Padang District Attorney.From the results of the research conducted, it can be concluded, First, the criminal arrangement of substitute money is regulated in Article 18 paragraph (1) letter b of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption. The compensation payment mechanism is regulated in the Supreme Court Regulation No. 5 of 2014 concerning Supplementary Criminal Money in Corruption Crime. While the process of billing and convicted person pays for the replacement money, the mechanism for payment of the replacement money is based on the decision of the Attorney General Number: Kep-518 / JA / 11/2001 dated November 1, 2001. the mistake and the role of the defendant so that they have not been able to apply justice, expediency and great proportionality to the community or to the defendant, in accordance with the objectives of the conviction.Author's Suggestions, First, the Judge should consider the facts that have been revealed in court so as to provide justice by providing appropriate and proportionate sanctions to the accused to provide justice for the perpetrators and victims. Second, in imposing a criminal sentence on the defendant, the Judge should pay attention to the benefits of the criminal sanction.Keywords: Judicial Review-Criminal Replacement Money
Penegakan Hukum Terhadap Pelaku Tindak Pidana Eksploitasi Anak Yang Dijadikan Pengemis Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Ramayana Ramayana; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Children are vulnerable to becoming victims in a crime. One of the crimes against children is the exploitation of children who are made beggars, where children are employed by begging on the streets. In the child protection law, it is clear that there are prohibitions and criminal sanctions against perpetrators who exploit children, but there are still many cases of exploitation of children not followed up by law enforcers. Law enforcers should take firm action against child exploiters who become beggars based on Law Number 35 of 2014 concerning Protection. The author's research objectives are: To find out the law enforcement against the offenders of child exploitation crimes that are used as beggars, and the factors that hinder the law enforcement of the perpetrators of child exploitation crimes that are used as beggars in the Kepolresta Pekanbaru legal area.In this study the authors use the method of sociological legal research that is research that wants to see the correlation between law and society, this study was conducted in the jurisdiction of the Pekanbaru police resort town, while the population and sample are all of the parties related to the problem under study, in this study the data source used are primary data sources, secondary data, and Tertiary Legal Materials, data collection techniques in this paper that is by conducting interviews and library research, and the authors analyze the data using deductive methods namely ways of thinking that draw conclusions from a statement or proposition that is general nature into a statement that is special.From the results of the author's research, it can be concluded that; first, law enforcement against child exploitation perpetrators who are beggars in the Pekanbaru city police jurisdiction is less effective because the perpetrators of child exploitation criminals who are used as beggars never process law. Second, the servant factors faced by the police in upholding the law are the lack of awareness and awareness of the law of the community, factors of law enforcement officials, facilities and infrastructure, culture and morals of the communityKeywords: Law Enforcement - Criminal Acts - Child Exploitation
PENEGAKAN HUKUM TERHADAP PENGECER MINYAK GORENG OPLOSAN DI WILAYAH HUKUM POLSEK SENAPELAN Pangestu, Aji Bagus; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Cooking oil is one of the basic human needs as a means of processing food ingredients. Cooking oil as a frying material is very important and its needs are increasing. Now the cooking oil crisis is almost evenly distributed in almost all cities in the country which is one of the world's biggest producers of palm oil. With the condition of cooking oil prices soaring increasingly high, making a number of business people sell oplosan cooking oil. Oplosan cooking oil is very dangerous for human health because it has been damaged.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 conducted in the jurisdiction of the Riau High Prosecutor's Office. 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, first, law enforcement against circulation of mixed cooking oil is still not running as it should, there are still problems in law enforcement namely one of them is the lack of personnel from the Drug and Food Control Agency so that there is still a lot of mixed cooking oil in circulation among the people. Second, the obstacles and efforts in overcoming the circulation of cooking oil include the lies in the law itself, where the law has not been effective in dealing with the rise of mix cooking oil in the market. In addition, the obstacle in overcoming the circulation of mixed cooking oil lies in the lack of a system of coordination between law enforcement officers and the Food and Drug Monitoring Agency in handling cases of circulation of cooking oil in the community.Keywords: Law Enforcement - Cooking Oil - Oplosan
TINJAUAN YURIDIS PENYELESAIAN PERKARA KEPAILITAN ANTARA PT. MIMI KIDS GARMINDO DENGAN BANK NUSANTARA PARAHYANGAN Alifya, Santri; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Bankruptcy is a general confiscation of all the assets of a Bankrupt debtor whose management and settlement is carried out by a curator under the supervision of the Supervising Judge as regulated in the Bankruptcy Act. Provisions on simple proof as stipulated in the Bankruptcy Act are very concise and are not supported by a series of provisions and other explanations in the rule that contain clear characteristics of simple evidences especially about what must be proven in simple evidencesThis type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. In this study the authors conducted a study of the principles of law by utilizing descriptive methods. Data collection techniques used in the Normative Legal Research are library research methods (library research) which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is the Settlement of bankruptcy cases between PT. Mimi Kids Garmindo with Bank Nusantara Parahyangan based on Decision Number 146 / Pdt.Sus-PKPU / 2017 / PN.Niaga. Jkt. PST still has not provided legal certainty. the requirement to file for bankruptcy is the lawmakers' negligence in formulating Article 2 paragraph (1), in the absence of a “unable to pay” requirement, the creditor can easily submit a request for bankruptcy statements without having to prove that the company is unable or insolvent. Proof of regulation in the case of PKPU in Act Number 37 of 2004 Concerning Bankruptcy and Delaying Obligations of Debt Payment is not as simple as intended in Article 8 paragraph (4) of the Bankruptcy Law. It is still often found in debtor bankrupt trials that have been proven to have more than two creditors and one of the debts has fallen into disrepair, but cannot be bankrupt on the pretext that debtors' debts are complicated debts and are not the authority of the Commercial Court because the principal the dispute must be proven in the District Court.Keywords: Juridical Review, Settlement, Bankruptcy Case,
IMPLEMENTASI PRINSIP COMMON BUT DIFFERENTIATED RESPONSIBILITIES SEKTOR PERKEBUNAN DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA Sitompul, Melani Aronica Maya Sari Br.; Jayakusuma, Zulfikar; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Indonesia ratified the Climate Change Convention with Law Number 6 of 1994 and Kyoto Protocol with Law Number 17 of 2004, so that Indonesia continues to participate to minimize Greenhouse Gases. The Climate Change Convention adopts several important principles in climate change mitigation policy efforts. One of the principles adopted in this convention is the principle of Common but Differentiated Responsibilities (CBDR) or other terms Joint but Different Responsibilities. Where Indonesia as one of the countries included in the category of developing countries legally does not have the obligation to reduce emissions, because in the provisions of the Kyoto Protocol, developing countries are not required to reduce emissions. However, even though the Indonesian State does not have the obligation to reduce its emissions, it must still participate in maintaining its emissions not to increase. Indonesia's commitment to reduce greenhouse gas (GHG) emissions by 29% under Business as Usual (BAU) in 2030 and up to 41% with international assistance.This type of research can be classified as normative juridical research, because this research is carried out by examining library materials or secondary data, so that it can be called normative legal research or library law research.From the results of the study, the international aid commitments in the form of financial assistance and technological assistance. As well as commitments from Indonesia in the form of making national regulatory policies, budgeting, and making climate change program strategies. However, despite the commitment of both Indonesia and the Climate Change Convention, it still has obstacles, namely, First, the rate of deforestation continues to increase. Second, there are policy differences between the climate change conventions and the Indonesian government. Third, the weak moratorium on forest areas and oil palm plantations. And Fourth, there are overlapping permits for the opening of oil palm plantations which occur every year.Keywords: Climate Change-Mitigation-CBDR-Oil Palm Plantations

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