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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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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
KEBIJAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN TINDAK PIDANA PENYELUNDUPAN MANUSIA DI INDONESIA Gusniardy, Raja Thesa; Jayakusuma, Zulfikar; R, Mukhlis
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

People smuggling is transnational organized and has had a negative impact onvarious countries as Indonesia's transit. People smuggling is an additional problem inaddition to the immigration problem, and is still increasing the funds needed to tacklethe problem of people smuggling in Indonesia, or what is known as a crime policy.The purpose of this thesis discussion, namely: First, to find answers to currentlegal policies in the handling of criminal acts of people smuggling in Indonesia. Second,to find the concept of struggle that can be proposed in the renewal of legal policiesagainst the prevention of people smuggling in Indonesia. This type of research used inthis study is normative legal research. Data sources used are secondary data sourcesobtained from the literature, including published official documents, books, legaljournals and so on.From the results of the study, it can be concluded the main thing. First, the legalpolicy in tackling the crime of people smuggling in Indonesia is still a lot of weaknesses.Article 120 of Law Number 6 of 2011 concerning Immigration has not been able tocover all aspects of handling human smuggling. Secondly, the concept that can beagreed upon in legal reforms in dealing with acts of people smuggling in Indonesia isby establishing laws and regulations governing people smuggling in order to securelegal certainty (the principle of legality) in Indonesia.Keywords: Criminal Law Policy - Prevention - People Smuggling
PERTANGGUNGJAWABAN PIDANA NAKHODA KAPAL DALAM KECELAKAAN KAPAL MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN UTAMI, SUTRI; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Marine transportation in the islands countries should be most requested, because there are islands only be connected through maritime transport, but in Indonesia sea tarnsportasi not managed optimally. Various provisions of the International has been ratified even national provisions also complete, but the implementation of these provisions is still limited to business interests and ignoring the security and safety aspects of shipping. In any event the causes of accidents always publicized accident was human error in this case the vessel skipper, but the general human error is always preceded by human error before shipping. In the numerous event of accident during the cruise ships often announced that the number of passengers is not in accordance with manisfest or even a boat called over-load.The writing of this thesis is entitled "Criminal Liability of Ship Skippers Against Ship Accidents According to Law No.17 of 2008 Concerning Shipping", with the problem of (1) What are the forms of ship accidents, and (2) What is the responsibility of the skipper for ship accidents according to the Law Law No. 17 of 2008 concerning Shipping.This writing uses a normative approach that is descriptive in nature, because this study is a scientific study, and this study uses the statutory approach and case approach, the type of material used is primary legal material, and secondary material.Based on the research results obtained that the forms of ship accidents are: sinking ship, burning ship, collision ship, and aground. And the responsibility of the master of ship accidents is that the skipper takes full responsibility for human / passenger safety, cargo, security and order of the ship. From this writing it is suggested: The master of the ship must be more careful in carrying out his duties on the ship, and must have the competence of a seaman's diploma in accordance with statutory regulations.Keywords : Skipper-ship accident-responsible.
PERLINDUNGAN HUKUM TERHADAP PENGGUNA SISTEM PEMBAYARAN DIGITAL (DIGITAL PAYMENT) BERBASIS APLIKASI OVO DI KOTA PEKANBARU BERDASARKAN PERATURAN BANK INDONESIA NO.18/40/2016 TENTANG PENYELENGGARAAN PEMROSESAN TRANSAKSI PEMBAYARAN Hastuti, Ester Widi; Deliana, Evi; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

In this information age, consumer behavior began to change a lot. In conducting a transaction, they now prioritize payment systems for ease, flexibility, efficiency and simplicity. Bank Indonesia as the organizer of transaction activities also actively encourages the emergence of various types of non-cash payments such as checks, billboards, demand deposits, ATM cards, debit cards, credit cards, and electronic money, one of which is electronic money based on OVO applications issued by PT. Visionet Indonesia and authorized by Bank Indonesia with letter number and permit date No. 19/661 / DK SISTEM PEMBAYARAN / Srt / B dated 7 August 2017. This study aims to find out:This type of research is sociological legal research and this research is descriptive in nature. The data source used in this study is secondary data, namely data obtained from literature such as legal journals, books, and regulations relating to research. This data analysis is done qualitatively and deductively.From the results of this study there are two problems that can be concluded by the author, firstly, a form of legal protection that if there is a violation in the case of OVO Application-based digital payment transactions and secondly the effort that can be taken by the user in the event of a violation or failure in the case of payment transactions. So according to the author, good faith is needed from the organizer regarding the feasibility of clear, correct and honest information regarding the products and payment transaction activities by prioritizing protection for users of payment services as consumers.Keywords: Legal Protection, Digital Payment Transactions, OVO Application
PERANAN KEPOLISIAN DALAM UPAYA PENCEGAHAN TINDAK PIDANA PERAMBAHAN HUTAN DI WILAYAH HUKUM KEPOLISIAN RESORT KUANTAN SINGINGI Kurniawan, Raihan; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Forest encroachment is clearing or cutting down or regulating a forest area to be used as another area, be it plantations, agriculture, mining, etc. which is temporary or for a long time in state forest located on land which is not encumbered with illegal and illegal land rights. in accordance with the conservative rules. This type of research can be classified as a type of sociological legal research, because in this study the author directly carried out research on the legal area of the Kuantan Singing Police. Kuantan Singingi. The conclusions that can be obtained from the results of the research are first, the role of the Kuantan Singingi Police in an effort to prevent the occurrence of forest encroachment crimes has not been running optimally as expected because there is still forest destruction caused by illegal logging and the many obstacles forest ranger in overcoming illegal crimes. logging. The second obstacle in carrying out the duties of the Kuantan Singingi Police in efforts to prevent forest encroachment crimes in Kuantan Singingi is that there are no special Civil Servant Investigators in the forestry sector, the lack of facilities and the low capacity of forestry police.Keywords: Prevention-Occurrence-Crime-Forest Encroachment
PERAMPASAN ASET KORUPTOR MELALUI MEKANISME NON CONVICTION BASED ASSET FORFEITURE SEBAGAI EFEKTIVITAS PENGEMBALIAN KERUGIAN NEGARA BERDASARKAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003 Ramadhana Ari Pratamas Bangun; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Abstract

Efforts to confiscate corrupt assets tend not to be easy to do, because corruptors often hide assets resulting from their crimes abroad that are difficult to penetrate the country's law. Assets resulting from crime are stored in various forms, one of which is in the form of a bank account. Therefore, there is a solution and a breakthrough contained in Article 54 Paragraph (1) letter c of UNCAC 2003, namely deprivation of assets without punishment which is one of the efforts that can be made to return assets to the state or to parties entitled to ownership of unnatural assets that are not allegedly due to a crime that must not be preceded by criminal charges. This is considered effective in recovering state losses due to corruption. The formulation of the problems in this study are First, How is the relationship of deprivation of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of state loss recovery based on the 2003 United Nations Convention Against Corruption (UNCAC) related to human rights? Second, how is the ideal arrangement and implementation of the seizure of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of returning state losses in Indonesia?The research method used is the type of normative legal research or library law research. The study was conducted on legal principles and legal comparisons related to the problem under study. This research was obtained by studying and studying books, laws and regulations, various scientific works, and others. Data analysis in this research was carried out qualitatively and quantitatively.The result of this research is that the mechanism of appropriation of assets without criminal punishment does not violate the human rights of a person's right to own assets or assets, while the assets owned come from a legitimate source. However, for assets or assets originating from proceeds of crime and causing state financial losses, the confiscation of these assets must be carried out. This is precisely as a form to restore state finances and restore other human rights that have been violated by the perpetrators of corruption. In relation to human rights, confiscation of assets without punishment does not violate the presumption of innocence and the principle of non-self-incrimination inherent in the perpetrator. Furthermore, it is necessary to immediately adjust or adjust the laws and regulations in Indonesia relating to crime, especially corruption, regarding the mechanism of appropriation of assets without punishment as offered in UNCAC 2003 and has been ratified by the Government of Indonesia with Law Number 7 Year 2006. Then, the Government of Indonesia (both executive and legislative) immediately finishes the discussion of the Draft Law on the Seizure of Asset Without Criminalization.Keywords: Confiscation, Assets, NCB, State Losses, UNCAC.
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG NO. 40 TAHUN 1999 TENTANG PERS DIKAITKAN DENGAN ASAS KEPASTIAN HUKUM Wiby Fitria Alda; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Criminal law policy in the press is still a problem for the press and society. The absence of regulations governing clear criminal sanctions against criminal acts of defamation committed by the press in Law No. 40 of 1999 concerning the current press. Currently, they still use regulations from other laws such as the Criminal Code, the Information and Electronic Transactions Law of 2016. The sanctions for criminal defamation vary in each regulation. So that there is no legal certainty for the press and the public. So that there will be no more debates between the press and the public if problems occur between them, it can be resolved according to the law per situ itself and provide legal certainty for Law No. 40 of 1999 About the Press. So that the creation of justice in society. This research uses the typology of normative legal research or also called doctrinal legal research, which more specifically discusses legal principles. In this study the author uses the nature of descriptive research, because the author describes the Criminal Law Policy Against the Crime of Defamation in Law. No. 40 of 1999 About the Press Related to the Principle of Legal Certainty. The results of the research conducted by the author, Law No. 40 of 1999 concerning the Press which should be supplemented with regulations in it such as regulations governing criminal defamation carried out by the press and what are the sanctions so that it can be said to be a lex specialist and give effect. deterring press people who are not professional in carrying out their duties. The criminal law policy given to the people of the press aims to maintain order in society and improve the personality of the perpetrator. The government should make the formulation of criminal sanctions in the current press law that can be applied. and Judges are judges in sanctions against press offenses to put more emphasis on the press law.Keywords: Criminal Law Policy - Press - Crime – Defamati
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 53 TAHUN 2010 TENTANG PERATURAN DISIPLIN PEGAWAI NEGERI SIPIL DIKAITKAN DENGAN KEWENANGANPEMBINA APARATUR SIPIL NEGARA DI KOTA PEKANBARU Okthafia Mawis; Mexsasai Indra; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Currently, the implementation of the work discipline as the initial capital in the smooth running of the tasks of civil servants, particularly Civil Servants, which is still minimal from what had been expected, the various forms of breach of discipline is still done employees. In the sense that Civil Servants are government employees who have met certain requirements, in the lift as employees Apparatus Civil State as fixed by the Trustees personnel officer to occupy the post of government as well as by applicable regulations. The applicable provision is exactly what is used as the legal basis for the Civil Servants itself. Making it as a form of discipline that must be complied with and run by Civil Servants. The discipline of Civil Servants is the ability of the employee to obey the obligations and avoids the prohibitions specified in laws and regulations and/or violated sentenced discipline.However, various attempts have been made for the enforcement of labor discipline, ranging from coaching to administration of sanctions for employees who committed the violation. In this case the writer wanted to know how the implementation of Government Regulation No. 53 Year 2010 Concerning Discipline of Civil Servants towards the authority of the Trustees of the Civil State Apparatus itself as well as how the efforts in overcoming the obstacles of the implementation of the punishment against the breach of discipline of Civil Servants.Keywords: Authority, Discipline, Law Enforcement
REFORMULASI PENGATURAN JANGKA WAKTU PIDANA KURUNGAN SUBSIDER PIDANA DENDA DALAM TINDAK PIDANA KORUPSI Osshy Sari Sukma; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In court judgment of corruption, there is often a lack of uniformity of court judgment regarding the term of criminal confinement in lieu of criminal fines. While the nominal criminal penalties on these court judgment are exactly the same. This certainly harms the right of the convicted person to obtain justice, legal certainty and equality before the law. The purpose of this thesis is; first, to find out the time limit for the confinement of the criminal confinement subsidiary fines in the case of corruption in positive Indonesian law. Second, to find out the reformulation of the term of criminal confinement as substitute of criminal fines in corruption cases.The type of research used in this legal research is normative juridical method, with the study of legal principles namely the principle of legal certainty. This research is descriptive in nature, which is a study that aims to make a clear and detailed picture of the problem. The data source used is secondary data. Data collection techniques in this study with a literature review method after the data collected and then analyzed to draw conclusions.From the results of research and discussion, it is known that, First, there are no definite limits regarding the term of confinement in lieu of criminal fines in cases of corruption in positive Indonesian law. The limitation regarding the period of confinement in lieu of fines is not contained in Law Number 20 of 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption. Limitation on the period of confinement in lieu of fines is only regulated in the Criminal Code which is a general rule. While the nominal of criminal penalties in the Criminal Code although it has been converted by PERMA Number 2 of 2012 is too smaller than the nominal of fines that are threatened in corruption cases , so it cannot be used as a guideline. Secondly, the expected reformulation is the rule regarding the period of confinement in lieu of fines in the criminal act of corruption which was only guided by the Criminal Code which is a general rule, become updated with the term of the limitation of the period of confinement for a substitute fine specifically in the Act on Eradication of Acts Criminal Corruption. In order to have clear guidelines so as to create court judgment that meet the value of justice, and legal certainty and uniformity of court judgment between convicts who are sentenced to a fine with the same nominal. The author's suggestion, First, to minimize the inconsistency of court judgement, the government must immediately update the rules regarding the period of imprisonment as a substitute for criminal imprisonment in corruption cases. Second, the renewal of the rules regarding the limit of criminal time must be carried out accompanied by synchronization of the nominal fines threatened in the Corruption Eradication Law, so that these limits can actually be used as definite guidelines.Keywords: Reformulation - criminal confinement - Criminal Fines - Corruption
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK HASIL DARI TINDAK PIDANA PEMERKOSAAN Anggun Krisnawati; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The criminal act of rape is an attempt to wreak sexual desire by a man against a woman by means of being considered violating according to morals and laws. And the most detrimental impact of rape victims is the unwanted pregnancy. And, rape can even destroy two generations, namely victims of rape and their innocent children, because their legal status is an illegitimate child and an illegitimate mother. This is what the state must pay attention to, especially in providing a form of protection for children who are the result of rape who are innocent, so that the child who is the result of rape feels justice for the harm he has suffered.This type of research is normative legal research, where normative legal research is carried out by researching, namely examining the application of the rules or norms in positive law regarding the principles of law of justice, this research uses the nature of juridical research, because the author intends to provide a clear picture. clear and detailed regarding fair protection of children resulting from the crime of rape.From the research results, it is concluded that the criminal law policy against children resulting from the crime of rape must be carried out optimally in order to achieve the best results of criminal legislation in the sense that it fulfills the requirements of justice for children from the results of the crime of rape, in order to achieve justice in the present and in the future they will be given protection such as health, education, economic, social and psychological problems. As well as ensuring the welfare of children from the results of the crime of rape, which currently has no special treatment for children from the results of the crime of rape, because the act is based on coercion and threats from the perpetrator of rape.Keywords: Policy – Criminal Law – Children – Results – Rape
WANPRESTASI PERJANJIAN LISAN ANTARA PENYEWA KIOS DAN LOS DI PASAR BARU PANGKALAN KERINCI KABUPATEN PELALAWAN Mesy Yulandari; Hayatul Ismi; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Article 1313 of Code of Civil Law gives the formulation about “contract oragreement, an agreement is a deed with one name or more binding himself/herself to oneperson or more.” The occurance of default between the tenant and Market ManagementParty in which in the statement point number eight and ten saying it is forbidden to sell,rent, or lend the business place, stall or the place temporarily to other parties. The purposesof this research are to; first, find out the cause of default occurance of merchant oralagreement with the market management at Baru Market Pangkalan Kerinci, PelalawanRegency; second, find out the completion effort of oral agreement default of stall & businessplace tenancy between the merchant and the the management of Baru Market PangkalanKerinci Pelalawan Regency.The type of this research was Sociological research because the author directlyconducts research on the location the place being investigated in order to give complete andclear description on the problem being investigated.The result of the research and discussion shows that first, default occurance at BaruMarket Pangkalan Kerinci between the marchant and the management of the market inwhich the default or broken promise and negligent statement is in accordance with article1238 Code of Civil Law. Second, the completion way of the problem is by using negotiation.Third, the result of the agreement occured namely taking over the stall or the business placewhose the renter did default and even there is compensation. While the effort to overcomedefault is in the form of statement only. In the agreement of stall and business place tenancyat Baru Market Pangkalan Kerinci Pelalawan Regency is better to be written and not onlystatement and to be emphasized more on the related Articles. The creditor who rent thestrall or business place should be more explicit in implementing the agreement content andtake action on the tenant who disobey the agreement in line with the law and prevails thecompensation system thoroughly to give deterrent effect for default debtor.Keywords: Oral Agreement-Tenancy-Violating the agreement

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