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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 2 (2021): Juli- Desember 2021" : 130 Documents clear
IMPLEMENTASI JASA PELAYARAN YANG DAPAT DITAWARKAN OLEH PEMERINTAH INDONESIA DI SELAT MALAKA MENURUT HUKUM INTERNASIONAL Bakhunizar, Mohamad Megi Mif; Lestari, Maria Maya; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Abstract

This writing discusses how the shipping services offered by Indonesia in order to compete with ports in the world, especially in the Malacca Strait, because basically Indone�sia has more potential to take advantage of the Malacca Strait which is currently still unable to maximize because there are many obstacles faced. This is the point of the problem where even though most of the Malacca Strait is in the territory of Indonesia, in this case the author examines what obstacles occur.In this case, the writer uses a normative research type, which is a descriptive type of research that describes actual events. The data analysis used by the researcher is qualitative data analysis, namely the analysis which does not use statistics or other things. However, re�searchers simply describe descriptively from the data obtained.The results of this study can be concluded into three main things. First, the existing shipping service offered by the Indonesian government in the Malacca Strait, namely the Shipping Guidance Service. The two services that have been offered by countries are several, namely taking from Singapore and Malaysia including parking services, crane services, and loading and unloading facilities between ships. The three services that Indonesia can offer in the future include parking services, fuel supply services, storage services and ship waste management.Keywords : IMO, Shipping Service, Scout Service, Malacca Strait, Indonesia.
TINJAUAN TENTANG PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MK NO.18/PUU-XVII/2019 TENTANG OBJEK JAMINAN FIDUSIA sari, Ayu Frizcha; Ismi, Hayatul; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Fiduciary as one of the guarantees is an element of bank credit security, which was born preceded by a bank credit agreement. Banks as fiduciary creditors have fiduciary interests based on special guarantee agreements. A fiduciary guarantee agreement is an agreement that arises because of a bank credit agreement. If the debtor customer defaults, The occurrence of this case led to the Constitutional Court Decision. In the decision of the Mahmakah of the Constitution Number 18 / PUU�XVII / 2019 dated January 6, 2020, the Constitutional Court stated that the recipient of fiduciary rights or creditors may not carry out the execution by themselves but must submit a request for execution to the district court, against fiduciary guarantees where there is no agreement on injury promise (default) and the debtor objecting to voluntarily hand over the object which is a fiduciary guarantee This research. This type of research is sociological legal research. Sociological legal research is research that is carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study. In this study the author focuses on the effectiveness of the law in society. Talking about the effectiveness of the law means talking about the power of the law in regulating and / or compelling to obey the law. As seen from its nature, this research is descriptive in nature, which provides an explanation of a description of the situation, atmosphere and conditions regarding fiduciary security. The results of this study are to determine the implications of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 concerning the Implementation of Fiduciary Guarantee The Constitutional Court decision provides clarity on the phrase of default in the Elucidation of Article 15 paragraph 2 of the Fiduciary Guarantee Law. Such as the forced withdrawal of a customer's vehicle is a breach of the promise of the agreement that has been agreed. Execution of the Fiduciary Guarantee Object After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Regarding the Object of the Fiduciary Guarantee, the creditor has the right to carry out the execution and sale of the object of guarantee under his own power. There is no justice for customers by not being enforced according to the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019 concerning Fiduciary Guarantee.Keywords : Execution - Object of Fiduciary Guarantee - Constitutional Court Decision
PENDEKATAN TERHADAP KEBIJAKAN NON PENAL DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH APARATUR PEJABAT PEMERINTAHAN DAERAH Tiami, Wan Qatrunnada; Rahmadan, Davit; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Since the enactment of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption and the amendment to Law Number 21 of 2001 concerning the Eradication of Criminal Acts of Corruption, it has not yet reached the point of success expected in Indonesia. This itself uses a penal policy (criminal law policy), but the penal policy is not effective in eradicating corruption, therefore other policies are needed, namely non-penal policies (policies outside of criminal law) in eradicating corruption.This research will be structured using normative juridical research, namely research that is focused on examining the application of rules or norms in positive law. The approach used in this research is to use a normative approach that is using the principle of legality. Data sources are supported by primary data sources, secondary data, and tertiary data. The data collection technique used is literature review. After the data is collected, it is analyzed qualitatively, and draws conclusions using the deductive method of thinking, namely analyzing the problem from a general form to a special form.Keywords: Corruption-Policy-Nonpenal
EKSISTENSI DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK DALAM MENGURANGI TINDAK PELECEHAN SEKSUAL DI KABUPATEN BENGKALIS Sufni, Novalia; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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In principle, child protection is based on the Law of the Republic of Indonesia Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection which is carried out based on Pancasila and the 1945 Constitution. The principle of protection is regulated based on the best interest of the child. child), where this principle stipulates that in all actions concerning children carried out by the government, society, legislative and judicial bodies, the interests of the child must be the main consideration. Child protection can also be interpreted as all efforts aimed at preventing, rehabilitating and empowering children who have experienced acts of mistreatment in order to ensure their survival and growth and development naturally, both physically, mentally and socially. Child protection is one of the efforts to protect children so that they can carry out their rights and obligations.This research is a sociological or empirical research, so that what is studied initially is secondary data, then it is continued with research on primary data in the field, or in accordance with the realities of life in society.Based on the results of the study, it shows that the existence of the Office of Women's Empowerment and Child Protection in reducing acts of sexual harassment in Bengkalis Regency has so far carried out socialization and development of schools and villages in Bengkalis Regency regarding sexual harassment, prevention of sexual abuse of children, fulfillment of children's rights, prevention of early marriage, making several programs or policies such as stopping school age marriage and stopping sexual abuse of children, conducting campaign activities to the community by cooperating with other stakeholders as partners, providing complaint services and stages of handling. The driving factors for the Bengkalis Regency Women's Empowerment and Child Protection Service in reducing acts of sexual harassment are socialization, complaint services and psychological assistance. While the inhibiting factors for the Bengkalis Regency Women's Empowerment and Child Protection Service in reducing sexual harassment are victims who do not want to report, bad stigma attached to victims, and lack of public awareness. Efforts made by the Bengkalis Regency Women's Empowerment and Child Protection Office in reducing acts of sexual harassment are social approaches, coordination actions, child safety policies, healing processes, and ongoing socialization.Keywords: Existence, Factors, Efforts, Child Protection, Sexual Harassment
TANGGUNG JAWAB PELAKU USAHA DALAM MEMBERIKAN INFORMASI MENGENAI MEREK YANG MEMILIKI PERSAMAAN PADA POKOKNYA STUDI KASUS MEREK I AM GEPREK BENSU DENGAN GEPREK BENSU DI KOTA BUKITTINGGI Zahara, Maya; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Problems that often occur in brands are brand holders who have similarities between one brand and another that has been registered. The condition of consumers who are harmed a lot, requires efforts to protect them, so that consumer rights can be upheld. Therefore, business actors are respondible for providing correct, clear and honest information to consumers regarding the similarities between their brands and other brands so that consumers are not mistaken or feel cheated and do not harm the interests of consumers and are responsible for consumer rights to create a competitive climate healthy and honest business.The purpose of this study is to determine the responsibility of business actors in providing information about brands that have similarities in essence, a case study of the I Am Geprek Bensu brand with Geprek Bensu brand in Bukittinggi city and to find out what efforts consumers can do to protect their rights by using sociological legal research methods can be concluded that First, there is still a lack of implementation of the responsibilities of business actor I Am Geprek Bensu brand and Geprek Bensu brand in providing information about the two brands that have the same basic principle in using the word BENSU. This is the same as a result that many consumers are mistaken and disadvantaged because it is possible that what they buy is not the food product they really want. Second, efforts that consumers can take to protect their rights can be started by raising awareness within themselves of the importance of the rights of consumers. then consumers must be careful before buying a product, read the information listed on a product, think critically and don’t be easily persuaded when hearing promotions and discounts on a product, look for information about a product if the existing information is not sufficient,dare to ask employees/busoness actors of a product to ensure and obtain clearer and definite information about a product.Keywords: Responsibility-Business actor-brand-I Am Geprek Bensu- Geprek Bensu
PERLINDUNGAN HUKUM TERHADAP TENAGA MEDIS DANKESEHATAN KETIKA BERTUGAS MENANGANI PANDEMI CORONA VIRUS DISEASE-19 DI INDONESIA Mujahida, Nissa; Firdaus, Emilda; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Now the world is faced with a real problem, namely the Corona Virus Disease 2019 (Covid-19) pandemic. Not only the world is struggling against this pandemic, Indonesia is also entering a critical period of the Covid-19 pandemic. In this case, the front line in tackling this pandemic are medical and health personnel. However, the problem is that many medical and health workers have been exposed to Covid-19 while on duty to treat Covid-19 patients and even some of the incidents resulted in death. This incident is a big challenge in the midst of the Covid-19 pandemic considering that medical and health personnel are the main and foremost elements in handling Covid-19. The purposes of writing this thesis are: first, legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia, second, the ideal concept of legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia.This type of research is normative legal research that uses literature study in searching the data. This research is descriptive in nature which tries to provide detailed data on the existing problems. In writing this research 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 scientific data that has been codified. The results of this study are to explain that legal protection for medical and health personnel when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia has not been carried out optimally. The ideal concept of legal protection for medical and health workers when in charge of handling the Corona Virus Disease-19 pandemic in Indonesia is the first, the ideal concept according to Human Rights. In the form of fulfilling 3 aspects, namely the provision of economic protection, social protection and the provision of technical protection. These three aspects can realize the rights of medical and health workers and can also include guarantees for the protection of the rights of medical and health workers when dealing with patients during the Covid-19 pandemic. Second, the ideal concept of standard operational procedure because medical and health personnel always carry out their profession in accordance with applicable standard operating procedures.Keywords: Legal Protection - Medical and Health Workers - Corona Virus Disease-19 Pandemic
ANALISIS YURIDIS PENGHENTIAN PENYIDIKAN KASUS PERSETUBUHAN PADA ANAK DALAM KELUARGA DENGAN ALASAN MEDIASI BERDASARKAN HUKUM PIDANA INDONESIA Yuli Shara Sihombing; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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One form of crime that occurs in the community, namely sexual intercourse is regulated in the Criminal Code, namely Article 287 of the Criminal Code. Furthermore, the crime of sexual intercourse occurring in the family environment involving children as victims is known as cases of sexual intercourse with children in the family as regulated in Article 76 D and 76 E of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Cases of sexual intercourse in the family are often not processed legally, one of which is the termination of the investigation or called SP-3 by the police due to mediation. Termination of the investigation on the grounds of mediation is not regulated in Article 109 paragraph (2) of the Criminal Procedure Code. Mediation is regulated at the level under the Act, namely in the Letter of the Chief of Police No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009 regarding Case handling through Alternative Dispute Resolution (ADR) (police chief's letter 8/2009).Mediation arrangements in the police only apply to cases that cause small material losses and minor crimes, while cases of sexual intercourse with children in the family are ordinary offenses that cannot be resolved by mediation. The case was a serious crime and suffered considerable losses both physically and psychologically.This research will be structured using the type of normative juridical research, namely research that is focused on examining the application of legal rules or norms to legal principles and theories. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely library law research.The results of the research conducted by the author are first, the provisions of the criminal law of mediation on the crime of sexual intercourse with children in the family are not regulated in Indonesian criminal law. based on the benchmark and scope of the case, it cannot be resolved by mediation. Second, the termination of the investigation of cases of sexual intercourse with children in the family on the grounds of mediation based on Indonesian criminal law in accordance with Article 109 paragraph (2) of the Criminal Procedure Code cannot be carried out because the Criminal Procedure Code has limited the reasons for the termination of the investigation. Even though the victim has made peace, the investigator is still obliged to process the case. The amicable agreement is only used as a consideration by the Prosecutor to reduce the maximum amount of his demands and the judge's consideration to reduce the sentence in the trial process in court.Keywords: Termination of Investigation - Sexual intercourse with children in the family – mediation
ANALISIS YURIDIS PELAKSANAAN PERMA NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP (Studi Putusan Pengadilan Negeri Siak) Dirgantara, Aditya; Deliana, Evi; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Prolonged social conflict, namely the decrease in courtesy and nobility in social relations, the weakening of honesty and trustworthiness in the life of the nation as well as the neglect of legal and regulatory provisions, and so on caused by various factors originating both from within and outside the country. One example we need to improve is social ethics and social participation in persons with disabilities or disabilities. As an Indonesian citizen, a person with a disability or disability has the same status, rights and obligations as other citizens. Persons with disabilities whose diverse groups are part of human resources whose rights need to be fulfilled, especially in terms of preparation and empowerment programs, intellectual quality, skill quality and others This research uses the typology of sociological legal research or also called non-doctrinal legal research, which specifically discusses the effectiveness of law. In this study the authors use the nature of descriptive research, because the authors describe how the Implementation of Riau Regional Regulation No 18 of 2013 concerning Protection and Empowerment of Persons with Disabilities in Riau Province. The results of research conducted by the author are, firstly the implementation of the implementation of Regional Regulation Number 18 of 2013 concerning the protection and Empowerment of Persons with Disabilities. Local governments are obliged to protect and guarantee the rights of people with disabilities without discrimination. It is recommended that with the high discrimination rate, every activity carried out must include all persons with disabilities in Riau Province in order to facilitate them in receiving information in any field such as the general publicKeywords: Implementation - Regional Regulation - Persons with Disabilities
Gagagsan Pengaturan Sanksi Tindak Pidana Pembunuhan Anggota Keluarga Dalam Pembaharuan Hukum Pidana Di Indonesia Dahniel, Maida Aulia; Deliana, Evi; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Murder is a criminal act. There have been many criminal acts by criminal law experts. Nowadays killing is not only done to others, but murders in the family are common today. This matter caused by trivial factors or problems, usually economic problems. Murder of a family member is a murder is a murder whose victim is family who still have blood ties, or family ties to the perpetrator murder. It is not regulated regarding the setting of sanctions for murder that occurs in family. Murder is a type of criminal offense whose actions against justice. The offense of murder in the Japanese criminal Code exists teexception to the perpetrator who killed his own parents, a straight line up or the parents of the wife or husband are straight line up, are threatened with serious punishment, namely criminal death or life imprisonment for forced labor. The objectives to be achieved in this research are the first: that isto know what factors caused murder in the family. Second,to know the sanctions applied in the crime of murder against family members in Indonesian positive law and how it is applied. Third, in order to know the idea related to the regulation of the criminal act of murder against future family members in Indonesian. The author did research using normative juridical methods or literature studies in order to obtain secondary data which is divided into 3 (three), namely primary and secondary legal materials and tertiary. In this study, the researcher uses a statutory approach that will examine the law, namely the principle of justice which has a relationship to the problem under study. From the results of the study there are three main things that can be concluded: first about the factors that cause the perpetrator to commit murder. Second, legal arrangements regarding crimes against life are regulated in the Criminal Code (KUHP). Not regulated regarding the setting of sanctions murder that occurs in the family. The three ideas regarding the imposition of sanctions Criminal punishment for perpetrators of murder against family members is a minimum of 20 years imprisonment and plus a third if it is planned and if it is done spontaneously then a minimum sentence of 15 years in prison and a third of the sentenceis added. Authors suggestions, murder cases against family members in Indonesia increasing day by day. Therefore, the state must renew Laws regarding sanctions against murderers who commit murder towards his family members. As well as suggesting that the imposition of sanctions on the perpetrators of the murder of family members are given severe sanctions, namely: a minimum of 20 years in prison and an additional one third it is planned and if it is done unplanned or spontaneously, it is punishable by 15 years in prison plus a third. Keywords: Murder-Criminal-Idea-Family-Sanction Arrangemnt
ANALISIS PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP DALAM TINDAK PIDANA PEMBUNUHAN DALAM PERKARA NOMOR 131PK/PID.SUS/2016 Ardian, Mustika Saraswati; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Protection of human rights, in essence, protection of victims, includingvictims of wrongful arrests, is a manifestation of respect for, upholding andguaranteeing human rights. Based on case No. 1131 / PID.AN / 2013 /PN.JKT.SEL, No. 360 / PID / 2013 / PT.DKI, No. 188K / PID.SUS / 2014, No. 131PK / PID.SUS / 2015 murder cases that were suspected of 4 victims, whoworked as street singers who were ultimately found not guilty, causing losses tothe victim. This type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. Data collection techniques used in theNormative Legal Research are library research methods (library research) whichuses the library as a means of collecting data, by studying books as referencematerial related to the problems to be studied. The conclusion that can be obtained from the results of the research is thatlegal protection for victims of wrongful arrest in the crime of murder in caseNumber 131PK / Pid.Sus / 2016 has not been fully implemented properly. Thiscan be seen from several provisions inside and outside which are firm and clear, however at the level of implementation it has not been fully implemented properly. Fikri, Fatahillah, Ucok and Pau who are victims of the wrongful arrests of theMurder case have so far not been able to access justice for the losses that befellhim (materially physically and psychologically). Ef orts to restore the rights of thevictim who was wrongly arrested in case Number 131PK / Pid.Sus / 2016 in amurder crime case can be made through a request for compensation andrehabilitation. However, requests for compensation and rehabilitation have notbeen implemented properly. Access to compensation and rehabilitation is still notfully implemented. This is further exacerbated regarding who has to paycompensation. Keywords: Legal Analysis, Victims, Wrong Arrests, Crime

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