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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,425 Documents
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ANALISIS DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA DI BIDANG KEHUTANAN (STUDI KASUS PUTUSAN NOMOR 10/PID.SUS/2018/PN WNS DAN PUTUSAN NOMOR 89/PID.B/LH/2020/PN.BLS) Fitria Fitria; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In criminal case decisions, it is known that there is a gap in sentencing which is better known asdisparity. The disparity in sentencing has a deep impact, because it contains a constitutional balancebetween individual freedom and the state's right to convict. This can be seen in the judge's decision inthe forestry crime Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.BlsOne decision with another decision which has the characteristics of a criminal offense are the sameand there are similarities in the articles charged but have different decisions. The purpose of writingthis thesis: First, to answer and solve the problem of disparity in decisions on forest destructioncrimes in Decision Number 10/Pid.Sus/2018/PN Wns and Decision Number 89/Pid.B/LH/2020/PN.Bls.Second , to find factors that cause disparities in criminal decisions on forest destruction in decisionsNumber 10/Pid.Sus/2018/PN Wns and Decisions Number 89/Pid.B/LH/2020/PN.Bls. The authorconducts research using normative juridical methods or literature studies in order to obtain secondarydata through documentary studies, namely by studying and analyzing in a comparative deductive waythe laws and regulations with theories that have a relationship to the problems studied.From the results of this study, there are two main problems: First, what is the analysis of thedisparity in the decision on forest destruction in the decision Number 10/Pid.Sus/2018/PN Wns andDecision Number 89/Pid.B/LH/2020/PN.Bls, Second, What are the factors causing the disparity offorest destruction criminal decisions in decisions Number 10/Pid.Sus/2018/PN Wns and DecisionsNumber 89/Pid.B/LH/2020/PN.Bls.The author's suggestion in this study is the importance of understanding the nature of the lawitself. As in the case that has been studied, one of the reasons for the difference is due to a differencein paradigm in viewing the nature of the law itself so that the desired justice is not achieved. LawNumber 18 of 2013 Concerning the Prevention and Eradication of Forest Destruction should not beinterpreted partially, which has implications for the vulnerability of people living around forest areasto being snared by this Law. The paradigm adopted and the method of interpretation applied willaffect the quality of the judge's decision. For this reason, judges need to consider all aspects inmaking a decision.Keywords : Disparity-Crime-Forestry
PENGUATAN FUNGSI PEMBENTUKAN PERATURAN DAERAH DI DEWAN PERWAKILAN RAKYAT DAERAH KABUPATEN KUANTAN SINGINGI Poni Apri Dila; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Strengthening the function of forming Regional Regulations in the Regional People'sRepresentative Council of Kuantan Singingi Regency in the formation of which there is still alack of Regional Regulations produced by the Regional People's Representative Council in the2014-2019 period. Therefore, it is necessary to study first, the minimum number of RegionalRegulations made, Strengthening the function of forming Regional Regulations in the RegionalPeople's Representative Council of Kuantan Singingi Regency. Second, ideally the role of theRegional People's Representative Council in forming Regional Regulations in KuantanSingingi Regency.This research is classified as sociological juridical research. With the research location atthe Kuantan Singingi Regency Regional People's Representative Council.From the research results, it was concluded that, firstly, the lack of Regional Regulationsproduced by the Regional People's Representative Council was caused by an inadequatebudget, weak function and understanding of the Regional People's Representative Council, thestrong interests of Political Parties and several Regional Regulations that were cancelled.strengthening the function of forming DPRD Regional Regulations, namely allocating thebudget properly, increasing the capacity of the Regional People's Representative Council,increasing coordination between the executive and legislative parties, and strengthening theRegional Regulation Formation Agency. Second, the ideal role of the DPRD in formingRegional Regulations in Kuantan Singingi Regency is to understand the substance of its maintasks and functions, understand and play an active role in the stages of forming RegionalRegulations, and comply with the DPRD's Rules of Procedure.Keywords: Strengthening - Formation of Regional Regulations - Regional People'sRepresentative Council
ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA Muhammad Rafdi; Syaifullah Yophi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In the Indonesian Criminal Code, there is no clear formulation regarding the abilityto be responsible. Article 44 of the Criminal Code explains the circumstances when a personcannot be sentenced to a criminal sentence because there is an inability to take responsibilityfor the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. Oneexample of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in thedecision Defendant G who in legal facts was proven to suffer from Moderate MentalRetardation with an IQ of 46. However, in their consideration the Majlis Judge did not considerthe Defendant's Mental Retardation condition G as a determinant of his ability to beresponsible, and stated that Defendant G could be held responsible. So the purpose of thisstudy is to determine the imposition of criminal sanctions on perpetrators of criminal acts ofsexual abuse who suffer from Mental Retardation based on Indonesian criminal law and todetermine the judge's considerations for imposing criminal sanctions for sexual abuse whosuffer from Mental Retardation based on Indonesian criminal law.Application of Article 44 of the Criminal Code on the criminal act of intercourseagainst child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to beresponsible for the qualifications of Article 44 of the Criminal Code includes the ability to thinkof the perpetrators of criminal acts. Perpetrator with mental retardation problems withintellectual abilities, which also affects his ability to judge his actions are in accordance withthe rules and values the values that exist in society. The judge's considerations were not carefulin imposing criminal sanctions because several important facts were revealed at the trialregarding the condition of the Defendant. The Majlis Judge should dig deeper into mattersoutside the realm of law that arise from each trial that is presided over and summon experts tothen be asked for the clearest possible explanation in order to decide the case as fairly aspossible.Keywords: Criminal liability, Mental Retardation, Obscenity
PEMBERIAN SANKSI REHABILITASI BAGI PENYALAHGUNA NARKOTIKA BERDASARKAN PASAL 127 DIKAITKAN DENGAN PASAL 103 UNDANG-UNDANG NOMOR 35 TAHUN2009 TENTANG NARKOTIKA Thika Shalsabillah; Mukhlis R; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legallyand convincingly guilty of committing the crime of class I Narcotics abuse for himself.The Defendant was given a criminal sanction in the form of imprisonment for 2 (two)years but the Judge did not order or implement rehabilitation for the Defendant.Whereas in Article 127 paragraph (3) of Law No. 35 of 2009 clearly states that: "In theevent that the abuser as referred to in paragraph (1) can be proven or proven to be avictim of narcotics abuse, the abuser is required to undergo medical rehabilitation andsocial rehabilitation." Thus the judge's decision does not reflect legal certainty.The type of legal research is normative legal research. The data used issecondary data. Meanwhile, if seen from the nature of this research is descriptive.The results of this study are that the provision of rehabilitation sanctions fornarcotics abusers based on Article 127 is linked to Article 103 of Law Number 35 of2009 concerning Narcotics, namely judges often do not give rights to narcotics users tocarry out rehabilitation, even though in Law Number 35 of 2009 concerning Narcoticsthere is a guarantee rehabilitation for drug abusers. This article should be used as abasis for judges deciding cases of narcotics abuse for users and addicts to undergomedical rehabilitation and social rehabilitation aimed at recovering perpetrators fromnarcotics addiction. Legal certainty regarding the imposition of rehabilitation sanctionsbased on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerningNarcotics against abusers and perpetrators of criminal acts, namely Law Number 35 of2009 concerning Narcotics has provided legal certainty for the sanctions given, namelyin the form of imprisonment (prison) and rehabilitation sanctions (medical and social)for each perpetrator. Law Number 35 of 2009 concerning Narcotics has 2 sides, namelya humanist side for narcotics addicts and abusers, and a tough and firm side fordealers, syndicates and narcotics dealers. However, what needs attention in itsimplementation is that imprisonment given to narcotics abusers is not an effective wayto repair damage.Keywords: Sanctions, Rehabilitation, Narcotics Abuse
IMPLEMENTASI PERATURAN DAERAH PROVINSI RIAU NOMOR 12 TAHUN 2002 TENTANG PEMBINAAN DAN PENGAWASAN PENYALURAN BAHAN BAKAR MINYAK OLEH PEMERINTAH KOTA PEKANBARU Vera Magdalena Siahaan; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Fuel is a vital need for the community, this can be seen from the high level ofpublic demand for means of transportation, currently transportation is no longer aluxury item but a basic need. in everyday life the use of fuel both in industry andtransportation is increasing. With increasing demand, fuel is not supported bynatural resources and continues to decline, therefore management must be carriedout as optimally as possible. In view of this, to ensure the safety and availability offuel, it is necessary to carry out supervision. In this case, the central governmentthrough representatives of each region or local government, namely the PekanbaruCity Industry and Trade Service, supervises the distribution of fuel in PekanbaruCity. The Department of Industry and Trade of Pekanbaru City is the agencyresponsible for the technical implementation of guidance and supervision of thedistribution of fuel in accordance with regional regulation Riau Province Number 12of 2002 concerning guidance and supervision of the distribution of fuel. The practiceof selling retail fuel oil is prohibited by PT. Pertamina as the main distributor.However, judging from the facts on the ground, there are still many people who dothis by buying fuel oil using jerry cans, purchasing in this way is clearly prohibitedand regulated in the regional regulation of Riau Province Number 12 of 2002concerning guidance and supervision of the distribution of fuel to Article 6paragraph 1 "Each SPBU/PSPD and SPBB are prohibited from selling fuel tobuyers using drums, jerry cans and the like". This research will be structured usingthe type of legal sociological research, namely research that is said to be fieldresearch by examining applicable legal provisions and what happens in people'slives. The data collection technique in this study was a literature study followed byempirical data collection obtained from relevant agencies, as well as conductinginterviews to obtain information directly from informants. The results of the researchconducted by the author are first, every result of supervision can be used as animprovement in improving the quality of service quality. Second, even though thesupervision carried out was in accordance with the procedure, the violations thatwere committed still continued to occur. Not only from within, obstacles also occurfrom outside the management. Where the manager of fuel oil who has responsibilityin the buying and selling process does not understand the applicable rules, andresults in problems for many people (community).

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