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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 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
ANALISIS YURIDIS PERLINDUNGAN HUKUM BAGI ANAK SEBAGAI KURIR NARKOTIKA DITINJAU BERDASARKAN SISTEM PERADILAN PIDANA ANAK DAN SISTEM PERLINDUNGAN ANAK DI INDONESIA Muhammad Abid Alhafiz; Mukhlis R; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

To trick the authorities, it is not uncommon for narcotics dealers to use minors to be couriers of these illegal drugs. Lack of knowledge of narcotics, and the inability to resist and fight against makes minors become targets of narcotics dealers to distribute narcotics widely and in disguise. This problem is certainly a very serious problem, because it can plunge minors into the illicit narcotics business.The type of research used in writing this law is normative legal research that focuses on the level of legal synchronization. This legal synchronization analyzes the extent to which a particular law or legislation is compatible vertically and horizontally which does not cause different interpretations from one another. The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First, the regulation of legal protection for children as drug couriers based on the criminal justice system for children and the child protection system in Indonesia which is regulated in the provision of diversion or the severity of which prohibitions on diversion and the severity of the criminal offense released by the panel court. judges because they have not seen the diversion and imposition of crimes from a child protection perspective The judge still sees the perpetrator's child not as a victim, even though in the juvenile court system, children should not be justified as perpetrators. Second, the weaknesses of legal protection arrangements for children as drug couriers are reviewed based on the child criminal justice system and the child protection system in Indonesia, one of which is that Article 114 of Law Number 35 of 2009 concerning Narcotics does not limit age in court, both adults and children in court. underage, so that children as narcotics couriers can still be convicted even though the children's abilities are still limited and not as perfect as adults.Keywords: Narcotics, Legal Protection, Children, Couriers
PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM PELAKSANAAN PERAMPASAN ASET SECARA TIDAK WAJAR DIKAITKAN DENGAN ASAS PRADUGA TAK BERSALAH Kevin Kaleb Panjaitan; Dessy Artina; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Provisions regarding confiscation of assets resulting from criminal acts of corruption are regulated in Article 18 paragraph (1) of Law Number 31 Year 1999 jo. Law Number 20 Year 2001 Concerning the Eradication of Corruption Crime. In implementing the law enforcement apparatus will be faced with various conditions that lie in the protection of human rights, namely the rights of the suspect or the rights of the defendant, in realizing the due process of law, law enforcers must pay attention to the rights of the suspect or defendant which normatively must be have a place in the criminal justice system. However, this mechanism of expropriation without criminal charges which is considered a breakthrough contains a very crucial point. The application of the presumption of innocence must be applied by the KPK in confiscating assets resulting from criminal acts of corruption during the investigation stage. The KPK is not allowed to seize without first tracing and identifying assets. However, in fact, in some cases the plunder was carried out improperly. The confiscation of assets must be carried out by the KPK through a quality control assessment. The existence of this control is an important part so that confiscation is carried out carefully and thoroughly. The KPK is obliged to apply the presumption of innocence to assets owned by perpetrators of corruption. Applying the principle of presumption of innocence in confiscation of assets is an effort to provide legal protection and avoid confiscating assets by violating the protection of property rights.This research will be compiled using the juridical normative research type, which is research that is focused on examining the application of legal principles or norms to legal principles. By conducting identification in advance of the legal principles that have been formulated in certain legislation. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely literature law research.The results of the research conducted by the author are first, the arrangement of improper confiscation of assets against perpetrators of corruption in Indonesia in Law No. 31 of 1999 jo. Law Number 20 Year 2001. The regulation stipulates that confiscation of assets without punishment can be carried out if the judge first grants a civil suit from the state attorney or agency that is injured, namely in the absence of sufficient evidence to continue the criminal process. The form of legal protection for perpetrators of corruption is linked to the presumption of innocence. Protection of Human Rights of Suspects is protected in the constitution and laws in force in Indonesia. The 1945 Constitution (UUD) is the basis for all Indonesian citizens to exercise their rights as citizens in the life of the nation and state.Keywords: Plunder - Corruption - Presumption of Innocence
Perlindungan Hukum Debitur Terhadap Fintech Berbasis Aplikasi Yang Tidak Terdaftar Di Otoritas Jasa Keuangan Provinsi Riau Melly Carolina Bangun; Hayatul Ismi; Hengki Firnanda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The development of the digital era of technology in Indonesia is very rapid nowadays, which affects people to be able to access the latest information, and makes it easier for people to complete their work quickly and effectively with the availability of electronic service features. One of the technological developments that has become a trending topic in Indonesia today is Financial Technology (FinTech). In banking itself, it has adopted Financial Technology, which digital banking consists of (Internet Banking, M_Bangking, SMS banking, Phone Banking, and ATM). However, over time, many FinTech Start-Ups have sprung up that offer various conveniences to the public that put banking at risk.This type of research is a sociological juridical research, because the author examines the problems that occur. The research was conducted at the Financial Services Authority of Riau Province, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, secondary data and tertiary data, data collection techniques in this study were carried out by interviews. and literature review.Based on the role of the financial services Authority (OJK) in providing legal protection for online loan recipients. With the victims of online loans who don't know what they have to do to get their rights. The OJK Regulation states how the role of the OJK is in providing information, education and also complaint services for people experiencing problems in the banking sector and also in fintech. The thing that makes the author interested in knowing how the role of the Financial Services Authority (OJK) in providing legal protection for online loan recipients is not registered in an online-based loan and borrowing agreement according to the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 regarding lending and borrowing money services based on information technology (OJK Riau Province case study).From the results of research conducted by the author at the Financial Services Authority (OJK) in providing legal protection for illegal online loan recipients in the Online-Based Lending and Borrowing Agreement. Here the role of the OJK is not really felt by its presence in the community regarding information and education by disseminating it to the public about fintech. In the OJK Regulation it is stated that OJK is in charge of providing information, education to the public and providing complaint services to the public. In addition, OJK has also not made a regulation whereby an organizer or lender cannot operate without obtaining a license or permit from the OJK, considering that there are many illegal operators who have not obtained OJK's license but are already operating.Keywords: Financial Technology –Legal Protection – Ilegal Online
PENEGAKAN HUKUM TERHADAP PENJUALAN BBM MENGGUNAKAN NAMA PERTAMINI SECARA ILEGAL DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI Edo Bikana Barus; Erdianto Erdianto; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Oil and natural gas are one of the largest natural resources owned by Indonesia. Indonesian mining produces oil and natural gas, which are strategic natural resources that are not renewable and are vital commodity assets that control the lives of many people. This commodity also has an important role in the national economy so that its management must be able to optimally provide the welfare and prosperity of the people.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police, while the population and sample were the Head of Criminal Investigation Unit of the Pekanbaru Police (Economic Section), Investigators (Economic Section), and the perpetrators of illegal petrol sales using the name Pertamini. The data sources used are primary data and secondary data.The conclusions that can be obtained from the research results are: First, the implementation of law enforcement against oil fuel sales actors who use the first name illegally which is currently carried out is still not in accordance with their authority and is less effective in implementing both administrative and criminal sanctions. Second, the obstacle in law enforcement against oil fuel sales actors who use the first name illegally is that a law enforcer must carry out a legal process when he finds out that a law violation has been committe. However, the police cannot just enforce the law against retailers using the Pertamini brand because there are reasons that make it easier for the community. Third, efforts that can be made to overcome the obstacles to law enforcement against oil fuel sales actors who use the first name illegally are to raise legal awareness for the public by conducting direct socialization to retail sellers that there are regulations regarding the sale of oil and so that the public knows what is allowed.Keywords: Fuel Oil, Illegal, Oil and Gas, First, Crime.
POLITIK HUKUM PEMINDAHAN IBUKOTA NEGARA INDONESIA DITINJAU DARI UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Amanda Salsabila; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

The discourse on relocating the State Capital by the President of the Republic of Indonesiafrom Jakarta to East Kalimantan raises many pros and cons. Those who are pro thinkit is necessary to move the national capital to East Kalimantan considering that Jakarta bearstoo heavy a burden as the center of government, business center, financial center, trade centerand service center. Meanwhile, the contenders stated that it was not enough to relocatethe State Capital with the policy of the President as the highest authority in the country. Aclear regulation in the form of a Law must be issued immediately so that the President's discoursehas a clear legal basis. The President's policy without the support of regulations in theform of a Law on this project to relocate the State Capital is not the manifestation of a rule oflaw. On the other hand, in the concept of limiting power, the policy of relocating the StateCapital is deemed necessary to involve elements of other state institutions, especially in termsof legislation and regulationsThis research is a normative juridical research, which is based on legal and statutorymaterials. The approach taken includes a literature approach, namely by studying books andlaws and regulations. The type of data used is the type of premier data, secondary datasources, namely data sources that come from books and other regulations. The theory used inthis research is the theory of political law and the theory of separation of powers.From the results of the research, there are two main points that can be concludedwhere the political law desired by the constitution begins with the goal of the state, namelythe welfare of the public at large, which is contained in the preamble to the 1945 Constitution,especially regarding public participation. So the transfer of the nation's capital is not inaccordance with the goals of the nation and state as stated in the 1945 Constitution. whereMontesquieu divides executive, legislative and judicial powers. Although in principle the authorityis divided, in the formation of a law (uu the capital of the country) it must be based onmutual agreement between the president and the DPR. Meanwhile, the president's unilateralpolicies do not reflect proregative rights as stipulated in the 1945 Constitution and precludethe possibility of public participation. So if the old law has not been revoked / repealed, thelaw is still in effect and the president's policy is null and void because there is no binding legalbasis.Keywords: Law Politics, Rule of Law, Policy, UUD 1945.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENGHINAAN DAN PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 AYAT 3 KUHP Tiara Vemilya; Erdianto Erdianto; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Persed of social community which functions as a control, order, and educational media whose existence is guaranteed based on the constitution. The legal threat most often referred to by the press or mass media is articles of defamation or defamation. A person can easily accuse the press of insulting or defaming him if he does not like the way the press presents himself. This has led to articles on defamation that are often called mines to the press, as they are easily imposed to sue the press or journalists. Take the example of the Mara Salem Harahap case which made news on Lassernewstoday.com about alleged corruption involving the Regent of Simalungun. Then the defendant was sentenced to prison for 1 year. This distorts press freedom. These objectives: First, to see how the press is accountable for committing criminal acts of insult and defamation based on Article 310 Paragraph 3 of the Criminal Code. Second, the application of Article 310 Paragraph 3 of the Criminal Code is aimed at the press or all circles.This type of research used normative juridical research. This research uses legal synchronization, synchronization aims to reveal the reality to what extent a particular statute is harmonious vertically or horizontally, if the legislation is equal and belongs to the same field.From the results of the research, it can be denied that: First, the right of reply is not used on the party who is aggrieved so that it is subject to Article 27 paragraph 3 of the Electronic Transaction Information Law. Article 27 Paragraph 3 relates to Article 310 of the Criminal Code. Then an excuse can be given to the press who commits criminal acts of insult and defamation for the sake of the public interest and call himself. Second, of course, article 310 paragraph 3 of the Criminal Code concerns the reason for the right to eradicate crime for everyone. Author's suggestion, First to the government to make policies regarding restrictions on expression. Second, the excuse of a criminal offence should not be misused.Keywords: Press - Insult - Defamation - Criminal Abolition
ANALISIS TERHADAP DASAR PERTIMBANGAN HAKIM DALAM PENERAPAN ALASAN PEMAAF DAN ALASAN YANG MERINGANKAN HUKUMAN PADA PELAKU TINDAK PIDANA PENCURIAN DIMASA PANDEMI COVID-19 DI RIAU Purba, Rantika Br.; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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As a rule of law based on the values of Pancasila and the 1945 constitution of the Republic of Indonesia, the birth of an independent and partial judiciary si one of the main pillars. Realizing the rule of law in national and state life Law Number 48 of 2009 concerning judicial power states that judges must explore, follow, and understand legal values and a sense of justice that lives in the community as well as taking into the good and bad qualities of the defendant. The judge’s responsibility to find the law and determine the law on a case that is resolved in connection with that, the judge’s consideration, especially during the pandemic the judge is obligated to explore and see the condition of the defendant in commiting a criminal act. Are required to be able to make decision by looking at the motives or reasons of the perpetrator in commiting a crime so that judge based on his authority can use excuses and reson that relieve must also try to make decisions that are in line with the prevention of covid-19. This type of research is classified as juridical normative, namely research conducted by examining secondary legal materials or research based on documented standard rules which is also known as library research either through reading books of laws and regulations, materials and websites on the internet, interviews and other reference sources related to this thesis material. From the results of the research, there are three main things that can be concluded. First is the judge’s consideration in every decision during the pandemic. The second is the judge’s consideration in the form of forgiving reasons and mitigating reasons due to several factors such s the backbone of the family, confessing his actions, daring not to repeat It again and thirdly, there is the judge’s consideration of every decision issued by the judge’s, both within the defendant and the outside and the defendant. It is also a consideration for the judge is that there is no transmission either in court or in prison and to support policies issued by the government. Author suggestions, First, it is hope that judges as state officials who carry out the judiciary must really know the right of the defendant as regulated in law, second, judges in giving decisions must uphold a sense of justice in the midst of society, third, to the government and the law enforces to pay attention to their rights. Community rights and fixing solutions and legal problems faced by the parties as well as maintaining social order and public order. Keywords: Judge’s Consideration, Forgiving Reasons, Mitigating Reasons
EKSISTENSI DEWAN PERWAKILAN RAKYAT DAERAH PROVINSI RIAU TERHADAP PENGELOLAAN KEUANGAN DAERAH DALAM TINDAK LANJUT REKOMENDASI LAPORAN HASIL PEMERIKSAAN BADAN PEMERIKSA KEUANGAN Putri, Athifa Syziya; Artina, Dessy; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Research related to the DPRD of Riau Province with follow-up recommendations on the results of the audit by the BPK is a study that focuses on the existence of the DPRD of Riau Province in overseeing the implementation of follow-up recommendations on the results of the audit by the BPK.The main issues and focus on which the research and preparation of this paper are based are assessing, knowing, and analyzing the role of the DPRD of Riau Province in carrying out its oversight function on the follow-up of recommendations on the audit results of the BPK to realize transparent regional financial governance within the Government Riau Province.This research is a sociological law because it describes legal problems in the implementation of follow-up recommendations on the audit results of the BPK. This research was conducted at the DPRD of Riau Province, the BPK Republic of Indonesia Representative of the Riau Province, and Regional Inspectorate of Riau Province. The population and sample in this study were members of Commission III and Commission IV of the DPRD of Riau Province, the Head of Riau Sub-Auditorate I BPK Republic of Indonesia Representatives of the Riau Province, and Inspector of the Regional Government of Riau Province. Sources of data in this study are primary data and secondary data, with data collection techniques through interviews and literature review.From the results of the study, it can be concluded that the existence of the DPRD of Riau Province on the follow-up to the audit results of the BPK is not in accordance with the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 13 of 2010 concerning Guidelines for Implementing the Oversight Function of the DPRD on the follow-up on the BPK results. Factors causing the DPRD of Riau Province to have difficulty encouraging officials who do not follow-up on recommendations on the audit results of the BPK are, among others due to employee mutations and a change in the organizational structure of work procedures. The application of the law to officials who do not carry out the follow-up recommendations for the audit results by the BPK is an administrative namely in the form of a written warning, while the criminal sanction has never been applied because there are no implementation instructions in the statutory regulations.Keywords: Excitence – Regional Finance – Follow-up
SISTEM PEMBUKTIAN DALAM TINDAK PIDANA PENIPUAN MELALUI SARANA E-COMMERCE BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Syeiqal Afwan Gumilamg; Davit Rahmadan; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Business fraud through e-commerce means is a fraud that occurs because of the engineering or lies of electronic information by criminals in business through e-commerce means. Victims of fraud through e-commerce means are reluctant to report to law enforcement, while fraud is categorized as ordinary offense. More and more parties are disadvantaged for the actions of the perpetrators of fraud through e-commerce if there is no law that regulates it.This type of legal research is normative law with a normative juridical approach to critically analyze e-commerce-based fraud criminal law norms which aim to explore the disclosure of protection and law enforcement for victims of e-commerce-based fraud. Meanwhile, if viewed from the nature of this research is descriptive. Data collection in this study is a study of documents or library materials.The result of this research is the regulation of the legal system of proof of criminal acts of fraud through e-commerce means in Indonesian criminal law, namely the Criminal Procedure Code only contains the role of proof in Article 183 that judges may not impose a crime on someone unless with at least two valid evidence. In Indonesia, legal regulations regarding e-commerce transactions are still a topic of discussion. Even making legal regulations in e-commerce transactions has created tug of war from two different interests. As a result, this legal regulation has only become a discourse until now. Even if there are rules that regulate e-commerce transaction issues, even that is still very partial and too small. However, this little regulation is not sufficient to accommodate the legal problems that arise in e-commerce transactions. Therefore, the need for comprehensive and integrated arrangements, as well as paying attention to existing arrangements, is something that cannot be denied.Keywords: Evidence System, Fraud, E-Commerce
PENERAPAN SANKSI TERHADAP ANGGOTA POLISI YANG MELAKUKAN KEKERASAN TERHADAP JURNALIS SAAT DEMONSTRASI DI INDONESIA Widya Kus Anggraini; Mukhlis R; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Journalists or journalists are people who do journalistic work, it turns out that there is still no guarantee of protection for journalists while carrying out their journalistic duties even though it has been explicitly regulated in Law Number 40 of 1999 concerning the Press. Violence committed by police officers is not processed and sanctions are not implemented, because the police themselves do not want to investigate these causes because it will damage the image of the police. Meanwhile, the application of sanctions against police who commit violence against journalists has been regulated in Government Regulation Number 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police.This research is structured using the juridical normative research type, which is research focused on examining the application of the norms or norms in positive law. The approach used in this study is to use a normative juridical approach, namely literature law research, using the protection principle normative research type. Sources of data in this study are secondary legal materials and are assisted by primary and tertiary legal materials. The data analysis used by researchers is qualitative analysis, which is the data analyzed by not using statistics or numbers describing descriptively. The author draws a deductive conclusion, namely drawing conclusions from general matters to specific mattersThe results of this study, based on Government Regulation No. 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police, have regulated sanctions for the police. However, the application of sanctions to police officers who commit acts of violence against journalists is very loose and weak in imposing sanctions. The absence of sanctions against police officers who commit violence against journalists, does not provide a deterrent effect to unscrupulous police officers. With the existence of criminal provisions in Law Number 40 of 1999, it should have provided a sense of security to journalists in carrying out their journalistic duties.Keywords: Sanctions Application, Police, Journalist, Violence

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