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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 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
OPTIMALISASI PENGELOLAAN PAJAK BUMI DAN BANGUNAN SEBAGAI PENDAPATAN ASLI DAERAH KOTA PEKANBARU BERDASARKAN PERATURAN DAERAH NOMOR 8 TAHUN 2011 TENTANG PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN Tiara Rizky Monica; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This study aims to determine the management of land and building taxes as local revenue for the city of Pekanbaru based on Regional Regulation Number 8 of 2011 concerning Rural and Urban Land and Building Taxes. This research uses the type of research that is empirical research or sociological legal research. The analytical tool in this study is a qualitative way. This research found that there are things that are not optimal in reality in the field, so it is necessary to anticipate with maximum effort and optimization. This study concludes that each year the City Government has a target in receiving Land and Building Tax (PBB) as a source of regional income, but this target has not been fully realized. Sometimes the realization of Land and Building Tax (PBB) revenue is far below the target set by the City Government. Based on the recapitulation data of Land and Building Tax revenue in the last 3 years (2017-2020) from the results of this temporary research it can be said that it has not been carried out optimally and has not been able to achieve as the target has been set, this can also be seen from the increasing awareness of Obligators. Sometimes the realization of Land and Building Tax (PBB) revenue is far below the target set by the City Government. It is necessary to identify variables related to efforts to increase land and building tax revenue as well as actions / efforts that may need to be taken to use the potential for land and building tax that is not yet optimal. One of the policies and strategies that local governments can do to increase local revenue is calculating potential revenue. Keywords: Optimization - Property tax - Pekanbaru City Original Revenue
PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU XL ATAS PRODUK YANG TIDAK SESUAIDENGAN YANG DIIKLANKAN Sri Divia Bella; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Consumer products (consumer goods / services that are generally used to meet the needs of consumers) have become increasingly sophisticated both in technology and in appearance. On the other hand, people understand a consumer product as far as what the sellers / or business actors convey. High and low regarding the understanding of the quality of the product depends on the level of truth of the information conveyed by the seller / entrepreneur and the level of the consumer's ability to capture. This information can be in the form of oral or written information contained in brochures and pamphlets, labels, advertisements and so on. The materials can be so detailed that they are often "so technical" that they are not easy to digest, but some are so simple, attractive and often equipped with relevant things or descriptions such as those contained in advertisements. Advertising is one of the promotional vehicles that considered the most effective way to introduce a product to the public. However, this has a provision as a form of consumer protection. In Law Number 8 of 1999 concerning Consumer Protection in Article 10.This research uses a typology of sociological legal research or what is also called non-doctrinal legal research, which deals more specifically with the effectiveness of law. In this research, the writer uses descriptive research characteristic, because the writer describes how to protect consumers of XL card users who do not match the advertised products, and describe how the responsibility of PT XIATA for losses received by consumers.The results of the research conducted by the author are, firstly, the implementation of the implementation of the law on the implementation of consumer protection from misleading XL Provider advertising information in Pekanbaru City has not been running properly. The responsibility of PT. AXIATA for the losses suffered by consumers due to misleading advertising information does not yet exist. There should be responsibility for advertised products that are not in accordance with reality, as well as PT AXIATA's responsibility for losses received by consumers.Keywords: Consumer Protection - Not as Advertised as Appropriate
TINJAUAN YURIDIS TERHADAP PEMBERIAN ASIMILASI KEPADA NARAPIDANA DALAM RANGKA PENCEGAHAN DAN PENANGGULANGAN PENYEBARAN COVID-19 DIKAITKAN DENGAN TEORI PEMIDANAAN Putra, Kevin Maulana; Indra, Mexsasai; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Since the existence of the assimilation program in the context of preventing and overcoming the spread of COVID-19, there are problems that need to be addressed, with the assimilation given whether the purpose of punishment, which is to provide a deterrent effect for perpetrators, has been fulfilled, whether it has guaranteed convicts who have received COVID-19 assimilation.. Recidivist or repetition of a criminal offense occurs in the event that a person commits a criminal act and has been sentenced to a criminal offense with a judge's decision who continues to commit another criminal act. In recidivists, it can be assumed that in the same way as the Realist discourse, a person commits more than one crime. Another factor that encourages recidivists is the ineffectiveness of the supervisory function by the Supervisory Agency (BAPAS).This research will be compiled using the juridical normative type of research, which is research that is focused on examining the application of the rules or norms in positive law. The approach used in this research is to use a normative approach, namely literature law research. This study examines the subject matter according to the scope and identification of problems through the statute approach (statue approach) is carried out by examining statutory regulations and regulations related to the legal issue under studyThe results of the research conducted by the author are, first to know the provision of assimilation to inmates in the context of preventing and overcoming the spread of COVID-19 based on the regulation of the minister of law and human rights number 10 of 2020 related to the theory of punishment, then the answer is how to achieve criminal responsibility for convicts who take recidivist action due to assimilation in the context of preventing and overcoming the spread of COVID-19 in Indonesian criminal law.Keywords: Assimilation Giving - COVID-19- Recidivist
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Pemilik Domain Perjudian Di Internet Berdasarkan Perspektif Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Simamora, Samuel Romulus; Lestari, Maria Maya; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In connection with the gambling domain there are issues of jurisdiction and also challenges in the application of Article 27 paragraph 2 of the Electronic Information and Transactions Law and also in the application of other cybercrimes, namely the difference in jurisdiction between the dealer and the player. In Indonesia all gambling is prohibited, whereas in many countries gambling can be carried out after obtaining a permit from the government or based on certain conditions. One of the permits for gambling is that the game provides a financial contribution to the state through taxes. Indonesian law enforcement officials may find it difficult to collect evidence if the dealer and / or electronic system that processes gambling is outside the jurisdiction of Indonesia.If viewed from its type, this research is classified as normative legal research. The research proposed for the statutory approach is carried out by examining all laws and regulations related to the legal issue that is being handled. This research is descriptive, which is a study that aims to make a clear and detailed description of the problem.That the criminal liability for owners of gambling domains on the internet based on the perspective of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning Electronic Information and Transactions is based on deliberate errors and negligence committed by the gambling domain owner, so that Criminal liability can be imposed on people who own the gambling domain, especially in Indonesia because Indonesia itself in its legal regulations prohibits all forms of gambling, so that article 27 paragraph (2) of Law number 19 of 2016 may be subject to amendments to law number 11 years 2008 concerning Electronic Information and Transactions.Keywords: Criminal Liability, Cybercrime, Gambling Domain.
TINJAUAN PUTUSAN PERKARA NOMOR : 3096 K/PID.SUS/2018 DIKAITKAN DENGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Sofi Ayu Anggraini; Mexsasai Indra; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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This study aims to determine how the Review of Case Decisions Number:3096 K/Pid.Sus/2018 is related to the Criminal Procedure Code. The formulationof the problem posed is How is the case verdict Number: 3096 K/Pid.Su/2018related to the Criminal Procedure Code and how is the concept of the idealdecision in case decision Number: 3096 K /Pid.Sus /2018 related to justice.This type of research can be classified in the type of normative research.In this study, the focus is on studying legal synchronization, by comparing theCriminal Procedure Code with Judges' Decisions. The approach taken includesthe literature approach. The data source used is secondary data consisting ofprimary legal materials, secondary legal materials, tertiary legal materials. Thetechnique of collecting data from this research is the literature review method,after the data is collected then it is analyzed to draw conclusions. The theory usedin this research is law enforcement theory and justice theory.First Travel case verdict Number: 3096 K / Pid.Sus / 2018 is linked to theCriminal Procedure Code, based on the Criminal Procedure Code, the assets arereturned to the rightful person, namely the First Travel congregation if the objectis confiscated for the state only items intended to be destroyed or damaged.Therefore, the decision stating that the state has the right to seize the assets is notin accordance with the Criminal Procedure Code.Concept of Ideal Decisions in case decisions Number: 3096 K / Pid.Sus /2018 in accordance with Law Number 48 of 2009 concerning Judicial PowerJudges must give decisions that are in accordance with the law from a sense ofpublic justice and require judges to understand the feeling of law and sense ofjustice who live in society.Keywords: Decisions, Assets, Fraud, Money Laundering, and the CriminalProcedure Code
POLITIK HUKUM PEMBENTUKAN PERATURAN PEMBATASAN TERHADAP ANAK YANG MENYAKSIKAN TAYANGAN BIOSKOP DENGAN RATING DEWASA DITINJAU DARI PERSPEKTIF HAM Nadia Junesti; Emilda Firdaus; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Along with the development of entertainment technology, people have many alternativechoices where to look for entertainment, especially films. The cinema is a democratic public space,whoever has the right to come to access the screen that is currently playing. Even though not allfilms that are produced can be watched by all groups, because there are many contents that are notsuitable to watch, especially for children. However, there are cinema entrepreneurs who allowchildren to access shows with content not intended for children. Talking about human rights, itcannot be separated from children's rights. Regarding the rights and obligations of children wecan see in the Child Protection Law, namely Article 4 to Article 10 of Law No. 35 of 2014concerning amendments to Law No. 23 of 2002 on Child Protection. So in this case there areinherent and unavoidable children's rights. So that parents, society, and the State are expected tobe able to protect a child, because children are a gift as the nation's successor. The behavior of achild whether the child will become the future of the nation depends on the education provided byparents, society and the State.This study uses a typology of normative legal research or what is also called doctrinallegal research, which specifically discusses the level of legal synchronization, because it is relatedto the legal politics of the formation of restrictions on children who watch cinema shows with adultratings from a human rights perspective.The results of the research conducted by the author are, Basically the politics ofregulation regarding cinema, every film shown, circulated, or shown in the cinema must passcensorship. Passing this sensor is evidenced by the existence of a sensor pass certificate. A passcertificate is issued by the Film Censorship Institute (LSF) and signed by the Chairman of the LSF.There are no explicit rules prohibiting cinemas from allowing minors to buy tickets or watch filmswith an "adult" rating. What exists is the sanctions imposed by the LSF for film business actors (inthis case cinema entrepreneurs) who neglect the provisions concerning the inclusion of ageclassification of film viewers. Based on Article 8 paragraph (2) letter d jo. Article 55 of theBroadcasting Law, the sanctions that can be given are limited in nature, namely only limited tosanctions for violating regulations and broadcasting code of conduct as well as broadcast programstandards broadcast by broadcasting institutions that provide broadcasting services both radio andtelevision. So in this case the LSF does not have the authority to impose sanctions on parents orcinemas who allow children to watch cinemas with adult ratings.Keywords: Cinema- Political Law- Human Rights
TINJAUAN YURIDIS PERATURAN PEMERINTAH NOMOR 62 TAHUN 2019 TERHADAP KEPALA BADAN PENGUSAHAAN BATAM DIJABAT EX-OFFICIO OLEH WALI KOTA BATAM DIKAITKAN DENGAN PENYELENGGARAAN PEMERINTAHAN DAERAH Fadhilah Fauzan; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Batam as an industrial area which development is carried out by the BatamIsland Industrial Area Development Authority agency, has also been expanded into anautonomous region which later give birth to the Batam City Government. The existence ofthese two government agencies then creates problems in the management of Batam Cityin the form of overlapping / dualism of authority. To overcome this problem, thegovernment then issued a new breakthrough by setting the Head of the Batam ConcessionAgency to be held ex-officio by the Mayor of Batam in the hope that the implementation ofhis duties and authority would be more effective. Therefore, the aim of this thesisresearch is first, the ex-officio determination of the Mayor of Batam from the point ofview of state administrative law. Second, the ex-officio implications by the Mayor ofBatam in public services. Third, the ideal arrangement for the relationship between theBatam City Government and the Batam Concession Agency.This type of research can be classified into the juridical sociological researchtype, because it wants to see the correlation between the law and what happens in thefield so as to reveal the effectiveness of the law's application. With the research locationlocated at the Batam Concession Agency and the Batam City Government, while thepopulation and sample are all parties related to the problem under study. This researchuses data sources in the form of primary data and secondary data, and data collectiontechniques are carried out by means of interviews, questionnaires and literature review.From the research, there are three main points that can be concluded. First,in fact, the ex-officio implementation by the Mayor of Batam is something that is justifiedin state administrative law. Second, the ex-officio implementation carried out by theMayor of Batam has no implication in resolving the problem of overlapping / dualism ofauthority that occurs in Batam City. Third, the ideal arrangement for the relationshipbetween the Batam City Government and the Batam Concession Agency is needednecessary to integrate the Batam, Bintan, and Karimun Free Trade Zone and Free PortExploitation Agency (BP BBK) by first issuing a Government Regulation as a form offurther regulation regarding the work relationship between the Batam City Governmentand the Batam Concession Agency. There is suggestion from author; first, the centralgovernment requires assertiveness in resolving issues of overlapping / dualism ofauthority that occur immediately issued a legal product in the form of a governmentregulation regarding the working relationship between the city government and theBatam concession agency. Second, accelerate the transfer of assets from the BatamConcession Agency to the Batam City Government.Keywords: Dualism – Authority – Public Service – Ex-officio
UPAYA MASYARAKAT MELAYU KECAMATAN PANGEAN KABUPATEN KUANTAN SINGINGI DALAM MENCEGAH DAN MEMBERANTAS PENYALAHGUNAAN DAN PEREDARAN GELAP NARKOTIKA DAN PREKURSOR NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Hidayat, Andri; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Narcotics based on article 1 paragraph (1) of Law Number 35 of 2009concerning Narcotics which reads "narcotics are substances or drugs derivedfrom plants, both synthetic and semisynthetic, which can cause a decrease orchange in consciousness, loss of taste, reduce to eliminate taste. pain, and canlead to dependence, which are differentiated into groups as attached in this Law". Narcotics precursors are substances or starting materials or chemicals that canbe used in the manufacture of narcotics which are differentiated in the table asattached to this Law.This type of research can be classified into sociological juridicalresearch where the research tests the effectiveness of the current law. Thissociological research is a type that is viewed from the purpose of legal research.Sociological or empirical legal research consists of legal identification(unwritten) and research on the effectiveness of the law.The research objectives of this thesis are; First, public participation isseen from Article 104 of Law Number 35 Year 2009 concerning narcotics, whichstates that “the public has the widest opportunity to participate in helping toprevent and eradicate the abuse and illicit trafficking of narcotics and narcoticprecursors. The two efforts made by the Malay community of Pangean District inpreventing the circulation and abuse of narcotics.From the research results, based on two problem formulations it can beconcluded. First, so far the community has not fully participated in the preventionand trafficking of narcotics and narcotics precursors, it can be seen from theincreasing number of use and circulation of narcotics in Pangean sub-district.Second, preventive efforts have been made to the maximum extent possible by thevillage apparatus working together with the Police to disseminate information onthe dangers of narcotics abuse and narcotic precursors. However, the problem isin the form of implementation or real action from the community.Keywords: Narcotics, Community Efforts, Prevention
AKIBAT HUKUM DARI PERKAWINAN DENGAN PENGGUNAAN DATA PALSU DI KOTA PEKANBARU Firdaus, Annisa; Deliana, Evi; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a family happy and eternal based on god. Marriage is legal if it is carried out according to the respective laws and beliefs and is recorded according to the applicable laws and regulations as required in Article 2 paragraph (1) and (2) Law Number 1 of 1974. Against a legal marriage has legal consequences on the husband, wife and children relating to the position of the husband, wife and assets as well as the position of the child, parents and guardianship. Seeing the clarity of the provisions regarding the legal conditions of marriage, in the field there are still irregularities regarding the implementation of the marriage, one example is falsification of data. Crimes concerning falsification or abbreviated as falsification crimes are crimes in which there is an element of an untrue or false state of something (object) which appears from the outside as if it is true even though it actually contradicts the truth.This type of research is sociological, because in this study the author directly conducts research at the location or place under study in order to provide a clear picture of the problem under study. This research was conducted at the Pekanbaru Religious Court, and the Office of Religious Affairs, Kec. Pekanbaru City and the Office of Religious Affairs, Kec. Marpoyan Damai, while the population and sample are cases of marriage annulment caused by the use of false data. The data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and literature study.From the research results, there are two main points that can be concluded. First, the legal consequences arising from a marriage with false data in the city of Pekanbaru is terminating the marriage by means of a marriage cancellation, so that the legal consequences arising from the marriage are the same as other marriage cancellations written in the Marriage Law Number 1 of 1974 and also Compilation Islamic law. The legal consequences that arise include the relationship between husband and wife, children born from the marriage and also third parties. Second, the legal protection given to a wife who is married to a partner who uses fake data is preventive legal protection and repressive legal protection.Keywords : Because of law – Marrige - Fake data
PEMBERESAN HARTA PAILIT PT. ASURANSI BUMI ASIH JAYA DEBITOR KEPADA KREDITOR CABANG PEKANBARU Rio Rizky Ramadhan; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The bankruptcy of PT. Asuransi Bumi Asih Jaya Pekanbaru branch causes uncertainty about the status of insurance claims as debt and the position of creditors for the bankruptcy of this company. The number of Bumi Asih Jaya insurance policy holders who have made claims and who have been verified by the curatorial team are 500 policyholders. The curatorial team that has been formed consists of five. Bumi Asih Jaya is recorded as still having a claim debt of Rp. 85.6 billion. The demands of this Bumi Asih Jaya insurance policy holder are that the customer's money can be returnedThis type of legal research is juridical sociological, which in this research, is carried out directly to the field to collect primary data, and uses descriptive methods. Meanwhile, if viewed from the nature of this research is descriptive.The results of this study are the settlement of the bankruptcy assets of PT. Asuransi Bumi Asih Jaya debtor to creditors of the Pekanbaru branch, namely PT Bumi Asih Jaya, has had its business license revoked by OJK through the Decree of the OJK Board of Commissioners Number: Kep 112 / D.05 / 2013 dated 18 October 2013, while the company was declared bankrupt by the court on 28 August 2015. Regarding the settlement of bankruptcy assets, which are the company's assets, which will then be used to fulfill the company's obligations to creditors is the authority of the curator. The responsibility of PT Bumi Asih Jaya to creditors for bankruptcy filed by the debtor is to hand over the company's assets to the curator. The curator who cleared the bankruptcy estate from PT Bumi Asih and also took care of credit repayments for creditors who made claims.Keywords: Bankruptcy Assets Settlement, Debtors, Creditors

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