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INDONESIA
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 181 Documents
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Search results for , issue "Vol 7, No 2 (2020): Juli - Desember 2020" : 181 Documents clear
ANALISIS HUKUM PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DI PROVINSI RIAU Enjelina, Martina; Deliana, Evi; Erdiansyah, Erdiansyah
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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In recent times there have been rampant criminal acts of forest burning that have occurred in Indonesia, especially in Riau Province. The crime of forest burning is currently a very serious problem because it can cause multi-dimensional problems related to economic aspects and the factors that occur due to human activity deliberately burning forests and clearing land. However, the sanctions or punishments given to the accused do not have a deterrent effect on the perpetrators, even though there are many regulations that prohibit the act. In this case the law in the form of rules must be obedient to the law. The purpose of writing this thesis, namely: First, to find out the Application of Criminal Sanctions by Judges Against Perpetrators of Forest Burning in Riau Province Judging from Several Judges 'Decisions, Second, to find out the Judges' Basic Considerations in Imposing Criminal Sanctions Against Perpetrators of Forest Burning in the Province Riau.This research is classified in this type of research as normative legal research or can be called doctrinal legal research. Normative legal research is literature law research. In this normative research, the writer conducts research on legal principles. Research on legal principles is research carried out on legal principles which are benchmarks for behaving or having an appropriate or inappropriate attitude. In this normative research, the writer conducts research on several laws and regulations related to problems or problems.From the results of the research and discussion, it can be concluded that, first, there is no law enforcement for criminal law enforcement to ensnare corporations that are indicated for burning forests and land in Riau; second, the enforcement of criminal law against perpetrators of forest and land burning in Riau province is mostly carried out individually. The perpetrators of forest and land burning in Riau are groups of people, business actors and / or communities.Keywords : Decision of the Judge-Crime-Forest Burning
Tinjauan Yuridis Terhadap Pasal 134 Ayat (4) Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati Dan Walikota Menjadi Undang-Undang Pada Masa Daluwarsa Pelaporan Kasus Tindak Pidana Pemilihan Kepala Daerah Yang Relatif Singkat Abshor, Ulil; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Election of regional heads (Pilkada) is one way in the democratic system to elect regional heads in a particular region. The Regional Head Election aims to find qualified regional leaders in peaceful, honest and fair ways. Election of Regional Head is carried out by adopting the principle of direct, general, free, confidential, honest, and fair in accordance with Article 2 of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and Mayors to Become Constitution.This research is a type of normative juridical research or normative legal research. Normative juridical research or normative legal research is research that discusses legal principles, namely the legal principles contained in Act Number 1 of 2015 concerning Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning Election of Governors, Regents and the Mayor Becomes a Law.From the results of the research that the author did, it can be concluded that the reason for the expiration of regional head elections in terms of reporting is limited by the short time compared to criminal acts in general because there are several cases of reports that have not been completed, thus disrupting the process in the election for determine the winner in the election. If no deadline is set for reporting, it can be used as a loophole for one party to hinder the electoral process, and can also cause government vacancies as in previous cases. Second, the reporting deadline is in accordance with Article 134 paragraph (4) of Law Number 1 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents and Mayors into Laws which stipulate the reporting deadline of only 7 days are considered too fast and ineffective because many cases are killed because of these deadlines.Keywords : Juridical Review - Article 134 Paragraph (4) -Law number 1 of 2015
PELAKSANAAN SISTEM PENGUPAHAN BURUH PABRIK BATU BATA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Rika Syafitri; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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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
POLITIK HUKUM PEMBENTUKAN DEWAN PENGAWAS DIKAITKAN DENGAN INDEPENDENSI KEWENANGAN YUDISIAL KOMISI PEMBERANTASAN KORUPSI Gabby Vionalisyah; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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This study aims to find out how legal politics related to the formation of a supevisory board is associated with the independence of the judicial authority of the corruption eradication commission. The formulation of the problem raised is how the Judicial Eradication Commission’s judicial authority arrangements after the decision of the Constitutional Court and how the legal politics of establishing a supervisory board is related to the independence of the Corruption Eradication Commission’s judicial authority.This research is a normative juridical research, research conducted based on legal material and legislation. The approach taken includes the literature approach, namely by studying books and legislation. The type of data used is the type of premier data, namely the source of data obtained through laws related to the Corruption Eradication Commission’s, secondary data sources namely data sources originating from books and other regulations, consisting of premier legal material, statutory regulation governing the Corruption Eradication Commission’s.The theories used in this research are the theory of state institutions and legal political theory. The results of this study indicate that after the enactment of Law Number 19 of 2019 concerning the second Amendment to Law Numbe 30 of 2002. Concerning Corruption Eradication Commission’s (KPK), the position of the KPK which was originally a non-governmental institution is now included in the executive power cluster, and the existence of the addition of articles in Law Number 19 of 2019 related to the exsistence of a Board of Trustees contained in Article 12B and Article 12C. With the addition of Article concerning the Supervisory Board, the KPK in carrying out its duties and authority is no longer independent and weakens the independence of the KPK.Whereas in the Constitutional Court Decision Number 36/PUU-XV/2017 states, “That the KPK can be object of the DPR’s questionnaire rights in its oversight function, the DPR can exercise its constitutional rights including the inquiry right to the KPK only limited to matters relating to implementation of the duties and authority of the KPK in addition to carrying out the duties and authorities relating to its judicial duties and authorities (investigation, investigation and prosecution)”. This makes no synchronization between the decision of the Constitutional Court Number 36/PUU-XV/2017 with law number 19 of 2019 concerning the Corruption Eradication CommissionKeywords: the authority of the corruption eradication commission, the ruling of the constitutional court, amendments to the law
PERAN PEMERINTAH DALAM PENGAWASAAN PERIZINAN PENGUSAHAAN DAN PENANGKARAN BURUNG WALET BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 3 TAHUN 2007 TENTANG USAHA PENGELOLAAN DAN PENGUSAHAAN SARANG BURUNG WALET Hutagalung, Ayu Reda; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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This research discusses the role of the government in supervising permits for swallow cultivation and breeding based Pekanbaru City regional Regulation No. 3/2007 concerning the Management and Management of Swallow's Nest. article 6 paragraph 1 states that every person or entity that manages and operates swiftlet nests must have permission from the Mayor. However, after being passed, the regional regulation could not yet be implemented as it should. The facts in the field show in the implementation of supervision, that the breeding of swallow's nests in the city of Pekanbaru does not run according to applicable regulations.The type of legal research used by the author is the type of sociological legal research. This research was conducted in Pekanbaru City. the population and sample are parties related to the problem under study, namely the Pekanbaru City Environment and Sanitation Office, the Pekanbaru City Agriculture and Fisheries and Fisheries Office, the Investment Office and the One Stop City Integrated Service Pekanbaru, Swallow business owner in Pekanbaru City.From the results of this study the authors conclude that the role of the government in conducting surveillance carried out by the Department of Agriculture and Fisheries of the City of Pekabaru ad the Office of Environment and Cleanliness of the City of Pekanbaru, has not been implemented in accordance with existing regulations and management. Judging from the many swallow entrepreneurs in Pekanbaru City who have not registered their business licenses at the Pekanbaru City Investment and One Stop Integrated Service Office. The obstacle in implementing Pekanbaru's regional regulations in overseeing the management of swallow's nest business is the lack of Human Resources (HR), there are no more entrepreneurs coming to apply for licensing and supervision is not running because there is no complaint from the public in Pekanbaru city for swallow's nest entrepreneurs.Keywords: Oversight-Government-Entrepreneur of Swallow’s Nest
FORMULASI PENGATURAN PENANGGUHAN PENAHANAN DENGAN JAMINAN UANG OLEH KEPOLISIAN, KEJAKSAAN, DAN HAKIM DALAM HUKUM ACARA PIDANA DI INDONESIA Simamora, Erwin Hariadi; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Article 31 Paragraph 1 (One) of Law Number 8 of 1981 concerning the Criminal Procedure Code states that at the request of a suspect or defendant, investigators, public prosecutors and judges, in accordance with their respective authorities, may hold a suspension of detention with or without a guarantee of money. The implementation of the suspension of detention with a guarantee of money is regulated in Article 35 Paragraph 1 (One) Government Regulation Number 92 Year 2015 Regarding the Second Amendment to Government Regulation Number 27 Year 1983 Regarding the Implementation of the Criminal Procedure Code does not regulate the amount of the detention suspension and limitations as well as considerations in determining the amount of detention deferral guarantee money as a result there is no legal certainty, so it is necessary to carry out ideas or ideas with the formulation of detention deferment arrangements with guaranteed money for law in the future. This type of research is a normative legal research that is research conducted with a literature study or literature study in finding data. This research is descriptive in nature which provides detailed and detailed data on existing problems. In this paper using qualitative data analysis which means to explain and conclude about the data that has been collected by the author. This research uses secondary data or scientific data that has been codified. The results of this study are to explain that the limitations in determining the amount of detention deferral guarantee money so far have not been determined, this is because there are no relevant laws and regulations governing them. So, the practice that has occurred so far is the limitation in determining the amount of the security deposit for detention based on the results of the author's research is based on the category of criminal acts, namely the severity of the crime and the amount of personal wealth of the suspect or defendant. The idea or idea that the author offers for the law in the future is to make restrictions on the amount of the detention deferment guarantee money or at least make a list of the price of the detention deferral security deposit adjusted to the category of criminal acts that is the severity or severity of the crime and the economic level of the suspect or defendant. Keywords: Formulation - Suspension of Detention - Money Guarantee
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ASISTEN RUMAH TANGGA TERHADAP MAJIKAN ( STUDI KASUS PUTUSAN NO.386/PID/KDRT/2013/PN.JKT.SEL ) Purba, Boy Calvin; R, Mukhlis; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Karolina Renyaan, who works as a nurse to care for Nazarina, the parent of Novita Purnama Sari, has committed physical violence against Nazarina. From the results of post mortem et repertum No.M 08560 / b21030 / 2012-S8. One of the criminal acts regulated in Article 5 letter a of Law Number 23 of 2004 concerning PKDRT. Article 44 Paragraph 1 of Law Number 23 Year 2004 concerning PKDRT. The scope of household is regulated in Article 2 Paragraph 1 of Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. However, what was stated in Decision Number 386/PID /KDRT/2013/PN.JKT.SEL judges in fact argued that the perpetrator had legally and convincingly violated Article 351 Paragraph 1 of the Criminal Code concerning Torture by imprisonment for 7 months.This type of research is normative juridical legal research, namely research conducted with literature review or literature study in search of data. This research is descriptive in nature which provides data that is as thorough and detailed as the existing problems. In this study using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This research uses secondary data or codified scientific data.The results of this study explain that the application of Article 351 paragraph (1) of the Criminal Code in this case is not correct, as regulated in the provisions of Article 63 of the Criminal Code, if an act falls under more than one criminal rule, only one of those rules will be imposed. if different, it shall contain the heaviest principal penalty. If a criminal act is included in a general criminal rule, it is also regulated in a special criminal rule, then the specific one is applied. In accordance with the principle of lex specialist derogate lex generalis, it is more appropriate to apply the provisions of Article 44 paragraph 1 of Law of the Republic of Indonesia No.23 of 2004 concerning PKDRT.Keywords. Juridical Review - Domestic Violence - Judgment
PELAKSANAAN JAMINAN PEMELIHARAAN (MAINTENANCE BOND) SEBAGAI JAMINAN PEKERJAAN KONTRUKSI ANTARA PT. ASURANSI MEGA PRATAMA CABANG PADANG DENGAN CV. MERPATI Febbyana, Febbyana; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Surety Bond is a form of written agreement between three parties, where the surety (surety), provides guarantees to the second party (principal) for the benefit of third parties (obligee). One type of surety bond is maintenance bond. Maintenance bond is a guarantee against damage to work or material that occurs after the job is completed.This type of research can be classified in the study of sociological law, 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 Padang while the population and sample are all parties related to the problems examined in this study, data sources used, primary data, secondary data, and tertiary data, data collection techniques in this study by interview and literature study.The conclusions that can be obtained from the results of the study are: First, the legal relationship between CV. Merpati with PT. Asuransi Mega Pratama, where the maintenance guarantee agreement has fulfilled the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. The legal relationship arising from the maintenance guarantee agreement is a mutual legal relationship that can give rise to the rights and obligations of each party. Implementation of the responsibilities of CV. Merpati against PT. Asuransi Mega Pratama has not yet been fulfilled, one of which is the payment of compensation for the compensation experienced by the Tanah Datar District Public Works Office.Keywords: Guarantee, Maintenance, Work , Contruction.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERBUATAN MAIN HAKIM SENDIRI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Prillicia, Sheren; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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As a stat of law, it is appropriate that the principles of a rule of law must be respected nd upheld, one of the principles is justice, which is the most central idea and at the same time the highest goal taught by every religion and humanity. The act of vigilantism is nothing but the act of exercising rights according to one’s own will which is arbitrary without the consent of other interested parties. In this case related to the vigilante case that occurred in the city of Pekanbaru.The purpose of writing this thesis,namely first to find out the law enforcement against criminal acts of vigilantism in the Pekanbaru district police jurisdiction. Second, to find out the factors causing the criminal acts of vigilante in the Pekanbaru district police jurisdiction. This type of research that wants to ee correlation between law and society, this research was conducted at the Pekanbaru city police department, while the population and sample are all parties related to the problem under study, in this study the sources of data use are primary data, secondary data, and tertiary data, data collection techniques in this study with interviews and literature studies.From the results of the research problem there are two main things that can be concluded. First, law enforcement against vigilantism in the city of Pekanbaru continues to be done by the victim making a report to the police so that the case can be processed, the obstacles faced in law enforcement are the people who do not immediately report, the evidence at the scene of the case, and the society that tends to cover each other. Secondly, the factors causing criminal act of vigilance in the city of Pekanbaru are social feelings and a sense of vigilante. The author suggestion, first is expected to the public to hand over the perpetrators suspected of committing crimes to the authorities nd not to commit vigilantism, secondly there is a need for socialization to the public that igilante conduct is probihitied and includes criminal offense that can be subject for those who commit them.Keywords: Law Enforcement – Criminal Act - Vigilantism
PEMENUHAN HAK-HAK PT. JAMKRIDA RIAU SEBAGAI PENJAMIN DALAM PENYELESAIAN KREDIT USAHA RAKYAT DENGAN CARA SUBROGASI Afni Syafitri; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Subrogation is one way of salvaging credit, where subrogation is a third party who has paid the debtor's debt by law appearing as a new creditor who replaces the position of the old creditor or the old debtor against the debtor who owes it. The subrogation carried out by the third party here is not to free the debtor from his debts and obligations, but to replace the old creditor to become a new creditor so that the debtor has an obligation to pay his debt to the third party as a new creditor.This study aims to see the fulfillment of the rights of PT. Jamkrida Riau by Bank Riau Kepri as guarantor in the settlement of People's Business Credit by means of subrogation. Furthermore, Bank Riau Kepri be careful in fulfilling the rights of PT. Jamkrida Riau by Bank Riau Kepri as guarantor in the settlement of People's Business Credit by means of subrogation.The type of research used is sociological legal research with interview techniques. The research found that the rights of PT. Jamkrida Riau that is not fulfilled is the repayment of collateral for claims that have been paid to Bank Riau Kepri. PT. Jamkrida Riau has obtained the Guarantee Fee (IJP) from the debtor at the beginning of the loan loan. The efforts of Bank Riau Kepri in fulfilling the rights of PT. Jamkrida Riau is carrying out credit restructuring of the guarantor who has good faith and is responsible. Performing credit execution, the proceeds of the collateral disbursement are dividedJOM Fakultas Hukum Universitas Riau Volume VII No. 2 Juli – Desember 2020 Page 2proportionally. The results of the disbursement of credit collateral that are obtained exceeds the guaranteed debt, then it is returned to the guaranteed.Keyword: Subrogation, fulfillment of rights, Credit Settlement

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