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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 181 Documents
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Search results for , issue "Vol 7, No 2 (2020): Juli - Desember 2020" : 181 Documents clear
PENGAKUAN AMERIKA SERIKAT TERHADAP PRESIDEN TIDAK SAH DI VENEZUELA DIKAITKAN DENGAN PRINSIP NON-INTERVENSI DALAM PERSPEKTIF HUKUM INTERNASIONAL Yolanda Pramandika; Zulfikar Jayakusuma; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In International law, recognition is a form of formal statement about the status of a sovereign state from one state to another. Recognition of the new government is an actual problem that often arises. President and Vice President of the United States, Donald Trump and Mike Pence in a tweet on their official state twitter account which contains an official statement announcing officially recognizing Juan Guaido as Provisional President of Venezuela. The United States has also put pressure on Maduro to step down, including imposing an embargo on Venezuela's main oil company and threats of military invasion showing that the United States is at the forefront of the coup.This type of research is a normative juridical research which is classified as research that discusses the principles of law contained in International Law, such as the non-intervention principle. This research when viewed from its character, belongs to approach of legal principles that are descriptive. In normative legal research the data source used is secondary data. Secondary data in this research can be divided into three, namely primary data, secondary data, and tertiary data. Data collection techniques in this research were collected by means of a literature research.From the results of the research found that, first, the United States recognition of the Government supported in Venezuela is a recognition that is not in accordance with the rules of international law. Second, international organization in general and regional have set various rules regarding the forms of intervention and some actions that can mediate disputes between countries. The author advice, that the practice of recognition is expected to be in line with international law, especially the non-intervention principle in order to maintain international peace and security. .Keywords: Non Intervention Principle - Recognition of the New Government
Kebijakan Hukum Pidana dalam Perlindungan Hukum Terhadap Korban Pelecehan Seksual Secara Verbal Halawa, Ramadani Saputra; Effendi, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Criminal provisions regulated in the Criminal Code Book in chapter XIV are formed by the legislators with the intention to provide protection against immoral acts or ontuchte handelingen and against behavioral behaviors both in the form of words and in the form of deeds acts that offend immorality. This is because it contradicts people's views of propriety in the field of sexual life, where the words have been spoken or where the deed has been carried out, as well as in terms of the habits of the local community in carrying out their sexual lives.This research is a normative juridical study or normative legal research. Normative juridical legal research or normative research is research that discusses the principles of law, legal systematics, the extent of legal synchronization, legal history and legal comparison.From the results of the research that the author did can be concluded, the first law enforcement against verbal sexual harassment is still not going well because there are inhibiting factors in the process. Obstacles - obstacles include: Factors of the law itself, Factors of law enforcement officials, Factors of the community, Second, overcoming crime is done through several stages, namely the formulation stage, the application stage and the execution stage. In the process of criminalization also must pay attention to two central issues in criminal law policy. Protection against victims of verbal abuse by catcalling can be done through the rights enshrined in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 39 of 1999 Concerning Human rights.Kanci Words: Criminal Law Policy - Legal Protection - Verbal Sexual Harassment
IMPLEMENTASI PERAN HAKIM PENGAWAS DAN PENGAMAT DI LEMBAGA PEMASYARAKATAN KELAS II B BANGKINANG Khodikatul Janna; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Judges have independent power which means that they are free from the influence of any party. Apart from carrying out their main duties, namely examining, hearing and deciding cases in court, judges also have other important duties and roles. Another task is the task of supervising and observing the development of prisoners in the correctional institutions so that they run well and be successful. The Supervisory and Observing Judges are regulated in the Criminal Procedure Code Articles 277-283 and also the Supreme Court Circular Letter Number 7 of 1985 concerning Guidelines for the Implementation of the Duties of Supervisory and Observing Judges. However, in the current reality, the role of the Supervisory Judge and observer is not running properly as it should have been regulated by law. The problems that will be answered in this thesis are, the role of Supervisory Judges and Observers in Bangkinang Class II Correctional Institution, Obstacles faced by supervisory judges and observers to the pattern of guiding prisoners in Class II B Bangkinang Correctional Institutions, furthermore the importance of supervision and observation by judges who supervise and observe the pattern of guiding prisoners in Bangkinang Class II Correctional Institutions and how it affects the increase in the crime rate.This type of research can be classified as sociological, because in this study the author directly conducted research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at the Bangkinang Class II B Prison and the Bangkinang District Court, while the population and sample were all parties related to the problems studied in this study, the data sources used were primary data, secondary data, and tertiary data, data collection techniques. in this study with observation, interviews, questionnaires, and literature study.From the research results, it can be concluded that, first, the role of the Supervisory Judge and Observer has not been going well and successfully. Second, the obstacles faced by the Supervisory Judge and Observer are the large number of activities in the Court and the lack of facilities and infrastructure. Third, the importance of the role of the supervisory judge and observer greatly affects the increasing number of crimesKeywords: Role - Supervisory Judge and Observer - Prisoners
PENERAPAN GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN YAYASAN DI KOTA PEKANBARU Wita Ananda Chikita; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Foundation Law Number 16 Year 2001 regulates the existence of a Supervisory or Supervisory Agency in a Foundation, which is internal to the Foundation itself. Being able to run a foundation properly is certainly the success of the coaches, administrators and supervisors in carrying out their respective duties and authorities. Of course the coach plays a big role in the progress of a foundation, because apart from being the highest organ in the foundation, the coach also has a big enough task in the foundation. If the Management commits a violation and results in a loss for the Foundation, then the Trustee has the authority to follow up on the Management.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with legal effectiveness. In this study the authors use descriptive research characteristics, sociological legal research is research carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study, this research was conducted at five foundations in Pekanbaru City, namely the Foundation. Ilham Orphanage, Ash-Showah Orphanage Foundation, Ar-Rahim Orphanage Foundation, Al-Akbar Orphanage Foundation, and Aisiyyah Orphanage Foundation. From this research, it was found that the implementation of Good Corporate Governance in the regulations regarding the establishment of a Foundation in Pekanbaru City, and how the implementation of Good Corporate Governance in the management of the Foundation in Pekanbaru CityThus, the realization of the implementation of GCG in the establishment of a foundation can be established in the manner stipulated by the Foundation Law. In Article 9 paragraph (1) it is stipulated that a foundation can be established by one or more persons by separating the assets of the founder as initial assets, this provision indicates that the establishment of a foundation is not based on an agreement, first it should be established in accordance with the principles of GCG and in accordance with The Foundation Law which regulates, furthermore, the implementation of GCG in the management of the foundation should be in accordance with the placement of the principles of balance in the Foundation starting from the roles of Foundation organs, and also the application of the Foundation's relationship to the parties, in avoiding conflicts that have often occurred in between the parties in it, as well as the placement of the burden of responsibility, according to the objectives of the foundation as stated in Article 1 paragraph (1) of Law Number 16 of 2001.Keywords: Implementation- Good Corporate Governance - foundation
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Syafitri, Rika; Deliana, Evi; S, Hengki Firmanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Wages are workers 'or workers' rights that are received and expressed in the form of money in return from employers or employers for workers or laborers who are determined and paid according to a work agreement, agreement, or legislation including benefits for workers or laborers and their families for an work or service that has been or will be performed. Wages are often equated with the salary of a worker or labor force. In the implementation of the provision of wages or wages the system has been regulated in Law Number 13 of 2003 concerning Labor. But in reality the remuneration system is still not in accordance with the written agreement and is only based on verbal so that there is no concrete work agreement, one of which is in the Batubata Factory in Pekanbaru City. An unwritten wage system is still in place, a payment system with daily wages and no employment contract in an employment agreement. The problems and objectives that will be discussed in this thesis are to find out how the implementation of the Batubata Factory wage labor system in Pekanbaru City Based on Law Number 13 Year 2003 Regarding Employment.This type of research is a survey, which is conducting a survey to the field at the site and at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at Batubata factory workers in Pekanbaru city and to the employment department and Batubata factory workers. while the population and sample are the whole of the parties related to the problem under study in this study the source of the data used are primary secondary data and Tertiary data data collection techniques in this study with questionnaire interviews and literature studies.The results of this study can be concluded that the implementation of the brick factory workers wage system in the city sub-district in the city of Pekanbaru based on law number 13 of 2003 concerning employment has not been running well and is not yet optimal, this is because the system implemented by the Batubata business owner is still experiencing the crisis in the payment of wages to factory workers and the method of payment is to use the system per day and not in accordance with the needs needed by the factory workers.Keywords: Implementation - Wage system - Batubata factory workers - Employment
PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PEMBALAKAN LIAR DI KECAMATAN BUKIT BATU KABUPATEN BENGKALIS Sulandari, Devina; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Illegal logging is a forbidden violates laws and regulations, namely in the form of wood theft in state forest areas or private forests and or permit holders to cut more than the ration specified in the permit. There are many problems and factors that cause major problems in forest management. However, no one can argue that the practice of illegal logging is a crime that has damaged the basic formulation of sustainable forest management. Even what has been noticed is that the illegal logging malpractice has become a system of destruction of resources forest that is fast, systematic, and even purportedly organized.How is it not systematic and organized, if the perpetrators are high-ranking officials, members of the TNI, and not a few members of the National Police. This results in a lack of strict law enforcement against illegal loggers. Therefore, to conduct this research, the researcher uses a sociological juridical research method that is descriptive analytical in nature.From this research the results show, namely: First, illegal logging is a practice of organized crime. Data shows that the perpetrators of illegal logging involve law enforcement. This is what makes constraint and obstacles in the process of law enforcement.Second, the current Forestry Law does not explicitly discuss law enforcement over illegal logging. This can be seen in Article 78 of Law Number 41 Year 1999 concerning Forestry, which shows that sanctions against illegal loggers are still not strict, because there are no minimum sanctions.Third, the ecological impact of illegal deluge, landslides, and depletion of water supplies around the forest area. Not a few lives were lost due to deforestation which caused floods and landslides.Keywords:Implementation-Criminal-Sanctions-IllegalLogging
ASAS ITIKAD BAIK DALAM PERJANJIAN SEWA MENYEWA RUANGAN PERKANTORAN ANTARA PENYEWA DENGAN PEMILIK GEDUNG PT. SURYA DUMAI INDUSTRI TBK DI KOTA PEKANBARU Hutabarat, Tio Dara Sabri; Firdaus, Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The rental agreement for the Surya Dumai building space between PT. Surya Dumai Industri Tbk with tenants regarding the rights and obligations of tenants and owners are regulated in chapter II regarding the Lease Agreement. In chapter IV concerning Leases which states that: "If the tenant renews the lease agreement, the lessee must provide written notification no later than 3 (three) months before the Agreement ends but not sooner than 6 (six) months before the Agreement ends". However, one of the lessee parties does the interpretation to terminate the contract outside the agreement. After 3 (three) months of serving the lease, the tenant terminated the contract without written notification to Surya Dumai. In this case, the lessee has violated the provisions contained in chapter IV concerning Leases.This type of research is empirical juridical research. Empirical juridical research is the form or pouring of the results of research on real laws or according to the realities that live in society. The research location is PT. Surya Dumai Industri Group, which is located at Jl. Jendral Sudirman Number 395, Pekanbaru. The population and sample in this study are tenant relations and administration as well as tenants for Gedung Surya Dumai. Data collection techniques in this study were interviews and literature review.The results of this study are as follows the implementation of the lease agreement of PT. Surya Dumai Industri Tbk, between tenants and building owners is not in accordance with the principle of good faith. In particular, in the implementation of the office space tenant's obligations to the building owner, the tenant is not in good faith in carrying out the office space lease, causing losses to the building owner in implementing the lease agreement. The form of default is being late in fulfilling the achievements. And also the tenant does not have good intentions in resolving the problems that arise in the implementation of this lease agreement, where there is no communication between the tenant and the building owner while the lease agreement is carried out. Efforts made to improve the principle of good faith in the lease agreement for office space are: negotiation or deliberation efforts, providing warning letters to the tenants, and collection efforts.Keywords: good faith principle, agreement, lease
PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN PENANGKAPAN TANPA ADANYA SURAT PERINTAH PENANGKAPAN Yunelfi, Dian Rahma; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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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
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN PENGANGKUTAN DAN PERNIAGAAN BAHAN BAKAR MINYAK BERSUBSIDI DI WILAYAH HUKUM KABUPATEN BENGKALIS Triana Lestari; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Bengkalis Regency is one of the regencies in Riau Province, Indonesia is the largest producer of petroleum which is the largest source of its regional budget along with gas. The criminal act of misuse of transportation and commerce of subsidized fuel which has occurred in Bengkalis Regency lately has become one of the cases that has taken a lot of public attention. This shows that the ineffectiveness of law enforcement's performance in tackling the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency.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 in the jurisdiction of Bengkalis Regency. 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, law enforcement against the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency is still not going well and there are still many criminal acts of fraud that occur. Second, the obstacles experienced in law enforcement against criminal acts of misuse and subsidized fuel trading in the Bengkalis Regency jurisdiction consist of factors of law enforcement officers, legal factors, facilities and facilities factors and community factors. Third, the efforts that can be made in overcoming the inhibiting factors in law enforcement against the misuse of transportation misuse and subsidized fuel business in the jurisdiction of Bengkalis Regency both preventive (preventive) and repressive (enforcement) are still not maximally carried out.Keywords: Law Enforcement, Crime, Abuse, Fuel, Subsidized
TINDAK PIDANA ANCAMAN KEKERASAN YANG DILAKUKAN OLEH DEBT COLLECTOR PINJAMAN ONLINE KEPADA DEBITUR PINJAMAN ONLINE DI PROVINSI RIAU Aldilah Ramadhan; Dessy Artina; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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. This study aims to determine the criminal threat of online debt debt collector to online loan debtors in debt collection and to find out the obstacles or obstacles to the police in the criminal act of violence committed online debt collector loans to online loan debtors that occur in Riau province. The research method used is a descriptive sociological juridical method, where research data are obtained from field study and library research, the data analysis is done interview.Based on the results of the study, criminal acts of violence committed online debt collector loans to online loan borrowers are very detrimental to the public because in debt collection to online debt borrowers have violated the ethical rules of debt collectors in Bank Indonesia Circular Letter Number 14/17 / DASP / 2012 concerning the Implementation of Card-Based Payment Instrument Activities debt collection and have violated the ITE Law. In the criminal act of threat of violence committed by this online loan debt collector, the police experienced obstacles in finding the perpetrators of the crime, especially what was done by the debt collector through electronic media or online.Keywords: Threat of Violence, Debt Collector, Debtors

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