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', Erdianto
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Penerapan Pidana Adat dan Pidana KUHP Terhadap Pelaku Tindak Pidana Zina Dikaitkan Dengan Peran Kepolisian ” ( Studi Kasus Wilayah Hukum Persukuan Domo Air Tiris dan Kapolres Kampar) Rido i, Muhammad; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Customary law has roots strong value to the social behavior and cultural patterns. So in practice, people are more likely to use customary law to resolve the case as well as in the materials make the guidelines and norms to regulate legal relations. Indonesia, which consists of various customs very terliahat existence that customary law and traditional criminal law is still alive in their respective regions. Particularly in the Kampar Regency Tribal Domo Air Tiris customary criminal law is still in use by the public in solving the crime of adultery. To the authors interested melakaukan ilmia research as a work in the form of a thesis titled "Implementation of Adat Criminal Penal Code and Criminal In Against Perpetrators of the Crime of Adultery Associated With Role of Police (Case Study Regional Water Domo Tribal Customary Law And Police Tiris Kampar)".The purpose of this study is to determine: first how the concept of adultery a criminal offense under criminal law and criminal customary in the Criminal Code. Both how the settlement process adultery a criminal offense under criminal law and criminal customary in the Criminal Code. Third how the position of indigenous criminal decisions in criminal cases of adultery. In this penelilitian author uses the method of writing juridical empirical (sociological) the approach to maslaah to see the legal norms in force, connected with the facts in the problems encountered.From the results of this study concluded that. The concept of the crime of adultery under criminal law customary everyone whose marital relationship either bound or not bound legitimate marital relationship with the other party. The concept of adultery a criminal offense under the Criminal Code of Article 284 by the Criminal Code. The process of settlement of the crime of adultery under customary law uses the concept bajanjang naiak, batanggo down, which first performed amicably (mamak cornerstone), mamak pisoko, and finally resolved mamak village level. Completion by the Criminal Code, namely, receiving reports, foreclosure marriage book, calling as witnesses, determination of the suspect, ending with mediation. Position customary verdict against the crime of adultery in Indonesian positive law recognized by law because in the process of completion te was achieved peace on both sides. Dissatisfaction in ruling customary police complaint can proceed to the commencement of the investigation stage.Keywords: Indigenous Customary Law-Criminal-Crime Adultery.
TINJAUAN YURIDIS TERHADAP PUTUSAN BEBAS DALAM PERKARA NOMOR 113/PID/2011/PTR TENTANG PEMBUNUHAN BERENCANA Daulay, Rahmat Tua; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The judiciary is a search for truth and justice, each case in all legal proceedings filed by the law enforcement community must be able to perform legal certainty for every decision the judges who examined the case. Administration of justice, especially at the level of the court can not also ignore the role of law enforcement. To realize an independent judiciary and impartiality need for harmonious integration work between all the law enforcement investigators Prosecutors and Judges. Judge high integrity is indispensable for the realization of a court ruling in accordance with the sense of justice. Acquittal handed down by Judge High Court of Riau with the case number 113 / pid / 2011 / ptr who originally prosecuted in state court defendant Sujarwo Pengaraian sand that has been in the prison sentence by a judge for 17 years with violating Article 340 of Jo Article 55 paragraph (1 ) -1 to the Criminal Code that is murder. From the above results of the exposure, the authors are interested in discussing about the Juridical Review Verdict Against Free In Case No. 113 / Pid / 2011 / Ptr About Murder Plan. The purpose of this study was to determine the law and legal reasoning of the judge in a criminal case number 113 / pid / 2011 / ptr. This study is a descriptive normative research, which consists of primary data, secondary and tertiary. Data collection tools in the form of literature studies or studies document. The data have been collected and grouped be analyzed qualitatively and deductively inferred.Legal consideration by the judges in the case number 113 / PID / 2011 / PTR that no one really convincing evidence that the defendant violated Article 340 of the Criminal Code Sujarwo conjunction with Article 55 paragraph (1) All 2 of the Criminal Code as it has been in previous criminal sentenced by assembly District Court Judge Sand Pengaraian. The judge must not convict to a no two legal evidence.It is better to release a thousand guilty persons than to punish one innocent person.Keywords: Justice, Law Enforcement, Decision
TEMBAK DI TEMPAT OLEH ANGGOTA DENSUS 88 TERHADAP PELAKU TINDAK PIDANA TERORISME DIKAITKAN DENGAN PERLINDUNGAN HAK ASASI MANUSIA PELAKU ', YURIADI; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Terrorism, including the category of extraordinary crimes, would require extraordinary measures. Thus the birth of terrorism legislation is not separated from the emergence of the pros and cons. Pros and cons occur because of differences in the starting point of looking at terrorism with the issuance of terrorism legislation. On one side of the counter is based on a view of human rights protection actors (Offender oriented), while the other side of the starting point based on a pro-human rights approach to the protection of the victim (victim oriented).Keywords: Setup - Shoot in place - Terrorist
PENGATURAN PENYIDIKAN TERHADAP ANGGOTA KEPOLISIAN REPUBLIK INDONESIA YANG MELAKUKAN TINDAK PIDANA Nainggolan, Dedi Ardianto; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The probe is an early stage of the criminal law enforcement process or the working of the Criminal Justice System. The probe has a position and role are very important and strategic to determine the success or failure of subsequent criminal law enforcement process. Implementation of good investigation will determine the success of the Public Prosecutor in the prosecution and then makes it easy for judges to explore / discover the truth materially examine and prosecute in court. Many obstacles and barriers, of legislation and the implementation of a technical field such as the behavior of law enforcement officials and community participation led to many legal inequality that occurred within the police force, which on the one hand they are as investigator and on the other side of them as perpetrators of crime should be investigated. Investigations conducted by members of the police against fellow members of the police tends not professional and their reluctance to investigate a fellow of the institution.The purpose of this thesis are: First, to find out the settings investigations against members of the Indonesian National Police for a criminal offense; Second, to determine the ideal setting investigation against members of the Indonesian National Police for a criminal offense. This type of research used in this study, using normative legal research can also be called by the doctrinal legal research. In this normative legal study conceptualized as what is written in the legislation (law in books).According to Article 1 paragraph 1 of the Law of Criminal Procedure and Article 1 point 10 of Law Number 2 of 2002 on the Indonesian National Police, that is the investigation of a series of actions the investigator in the case and in the manner set forth in this law to find and collect evidence with evidence with evidence that shed light on the crime happened and to find the suspects. Whereas Article 1 point 1 and 2 of the Code of Criminal Procedure states that the investigator is an official police or specific civil Servants specifically authorized by law. To overcome the obstacles Police in investigating the need to establish an institution for external police who can supervise and follow up members of the police who committed the crime and reforming the Code of Criminal Procedure which governs the investigator, the processes of investigation and control of fossil or cooperation between investigators and other law enforcement officials.Keywords: Investigation setting-Police-Crime
KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM PROSES PEMBUKTIAN DI PENGADILAN SARI, APRI MONA; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Proofing process in the trial is passed by a process of examination of evidence of witness testimony. In this case, the researcher wants to know the verification process of Decision Number 106 / Pid.B / 2013 / PN.Pbr, then Decision Number 272 / Pid.Sus / 2017 / PN.Pbr, and Decision Number 451 / Pid.Sus / 2017 / PN.Pbr, because in some of these verdicts the witness is someone who has a blood relationship with the defendant. However, in Decision Number 46 / Pid.Sus / 2013 / PN.SLW witness who has a blood relationship with the defendant can not be presented as a witness in court due to having a blood relationship with the defendant. The type of this research is normative juridical that is to analyze the provisions rather than the legislation seen from the decisions by the judge, using secondary data obtained from primary law material, secondary law material and tertiary legal material. Data collection techniques for legal research is used literature review method and data analysis used deductive analysis, which is drawing the conclusions of the general arguments to the arguments of a special nature.It can be concluded based on the formulation of the problem of the first researcher, the evidentiary process of witness testimony that has blood relation with the defendant is not all criminal acts are allowed for witnesses who have blood relation giving testimony in the hearing, the setting of witnesses is also unclear and has no legal certainty. Secondly, the basis of the judge's consideration in deciding on the evidence of witness testimony that has a blood relation with the defendant in this proofing process is that of the decision number 106 / Pid.B / 2013 / PN.PBR, 272 / Pid.Sus / 2017 /PN.PBR, and verdict number: 451 / Pid.Sus / 2017 / PN.PBR provides consideration for witnesses who have a blood relationship, and in the decision number: 46 / Pid.Sus / 2013 / PN.SLW for witnesses who have a relationship blood can not be filed as a witness in court for violating Article 168 of the Criminal Procedure Code, in which the witness having blood relation is presented as a lightening witness to the defendant. The first author's suggestion should be to authorized officials to make the law more thorough in its manufacture. More systematic preparation, let alone related to the problem of the witness should be arranged more fully and clearly. Second, crimes committed within the family should be resolved in a familial way, if it is still possible to settle with the family itself rather than finally through legal proceedings in court.Keywords: Proof Process Description of Witness Having Blood Relation with Defendant - Legal Certainty.
PERANAN BADAN NARKOTIKA NASIONAL PROVINSI RIAU DALAM MENANGGULANGI PEREDARAN NARKOTIKA DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Dani, Akbar; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Pekanbaru as one of the developing cities has a lot of charms in the field of social, economic and cultural. Pekanbaru as a developing city can not be separated from the rampant circulation of narcotics. Provincial National Narcotics Board (BNNP) Riau has a role to overcome the narcotics circulation, but the role of BNNP is always having problems. The purpose of thesis writing to determine the role of BNNP in overcoming the narcotics circulation and to determine the factors that cause the high circulation of narcotics in the city of Pekanbaru.This type of research can be classified in the type of research Sociological Juridical, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This study was conducted in the legal area of Penbaru City, whereas the population and sample are the whole 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 by interview And literature review.From the results of research that the authors do can be concluded, the first Role of the National Narcotics Board of Riau Province in Tackling Narcotics Drugs in Pekanbaru City still not running maximally because to overcome the circulation of narcotics constrained funds for counseling or socialization conducted BNNP, and rehabilitation performed only succeed In the short term and the eradication carried out by BNNP is constrained due to lack of personnel in terms of both quality and quantity. The two factors causing the crime of narcotics circulation in Kota Pekanbaru are economic factors, environmental factors and educational factors.Keywords: Role-BNNP-Narcotics Circulation
Analisis Yuridis Pemberian Bantuan Hukum Terhadap Tersangka/Terdakwa yang Berhadapan dengan Hukum Berdasarkan Ketentuan Pasal 56 Kitab Undang-Undang Hukum Acara Pidana (Studi Putusan Nomor: 619/Pid.B/2010/Pn.Sda dan Putusan Nomor: 899/Pid.Sus/2014/Pn.Dps) Christiyanto, Rio; ', Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Legal aid is the human rights of every person, who is not given by the state as the mercy of the state. The grant of legal aid is expected to be fair legal process for suspects or defendants who are poor and provide an opportunity to defend themselves with legal counsel. Guarantees of legal aid contained in Article 54 of the Criminal Procedure Code, which states, in the interests of defense, the suspect or the accused is entitled to legal assistance of one or more legal counsel during the time and at every level of examination, according to the procedures specified in this law. In addition, article 56 paragraph (1) Criminal Procedure Code that, in the case of a suspect or a defendant suspected of or charged with a criminal offense punishable by the death penalty or a penalty of fifteen years or more or for those who can not afford is punishable by five years or more who do not have their own legal counsel, the concerned officials at all levels of checks in the proceedings shall appoint counsel for them.The purpose of writing this thesis: First, to determine the legal consequences or effects when a suspect / defendant who deal with the law is not accompanied by legal counsel under the provisions of article 56 of the Criminal Procedure Code. Second, to determine the responsibility of the relevant authorities at every level of examination in providing legal assistance to the suspect / defendant against the law. normative research or the research literature, the type of research conducted by examining secondary law or research based on the standard rules that have been reflected and focused to study the principles of law, by searching various regulations in connection with the provision of legal assistance to suspects /defendant.From this study we can conclude: First, help law are rights of suspects or defendants in the interests of defense, guarantees protection and legal certainty and justice and equal treatment before the law that must be obtained from the level of inquiry, investigation, prosecution, trial and enforcement of the award. The legal consequences disregard for the rights of suspects / defendants get legal aid is null and void. Second, granting legal aid to the suspect / defendant an obligation concerned officials at every level of examination. Third, Indonesia adheres to regulations written law (Legal Positivism), where jurisprudence is not a necessity for the judge to obey. Suggestions Writer, implementation of legal assistance to the suspect / accused should be given at every level of examination is requested or not in order to attain justice and equality before the law.Keywords: Provision - Legal Aid - suspect - defendant
PENEGAKAN HUKUM TINDAK PIDANA PENYALAHGUNAAN BAHAN BAKAR MINYAK BERSUBSIDI JENIS SOLAR BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK BUMI DAN GAS DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Putra, Ariadi Mandala; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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important function in provision of indrustial fuel ,household, and basic needs in our life. Industrial activities with product be produced by a company which thrive of industrial technology and transportationneed more crude oil and gas. Rule and cntrol of this case is very important for create a healthy market needs. Types of research used in this study is the author of sosiological legal research. This case study as as businesses look at the effect of the enactement of positive law on people lives and further and according to the laws or regulations applicable to analyzing the problem in the opinion of legal sources in the real live. This research was conducted at the Police Station PekanbaruResort Town, Prosecutor Pekanbaru and Court of Pekanbaru. The data used is primary data, secondary data, and tertiary data, technique of colleting data using questionnaires, interviews, literature stdy and observation The conclusion of the research are, first law enforcement criminal offense of abuse of subsidized fuel oil diesel with the actions of the police are preventive measures. Second obstacles encountered in law enforcement by police is the lack of quality human resources, means and inadequate infrastructure also the dufficulty of revealing evidence. Third efforts to overcome barriers to learning activitiesare organized spesifically for the police, complementing the existing infrastructure, fostering family relationshis with the community, and so on.Keywords: Criminal Offense-Fuel-Diesel Fuel
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWAS OBAT DAN MAKANAN DALAM MENERTIBKAN PEREDARAN MIE KUNING BASAH YANG MENGANDUNG ZAT BERBAHAYA BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2012 TENTANG PANGAN DI WILAYAH HUKUM KOTA PEKANBARU Arimbi, Dinda; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Currently, many food products are not suitable for consumption because it contains substances that are harmful to the human body are still free beredar.Zat-harmful substances are not only found on the product label but also on traditional foods, one yellow noodles basah.Produsen fraudulent use of hazardous substances in the processing of wet yellow noodles so the noodles remain resistant and the colors that attract consumers, but this is very detrimental to consumers in terms of health because it can endanger the health of consumers.As for the purpose of this thesis is how the role, barriers, and efforts Civil Servant Investigators Great Hall of the Food and Drug Administration to regulate the circulation of yellow noodles soggy containing hazardous substances based on Law No. 18 Year 2012 on Food in the jurisdiction of the city of Pekanbaru ,The conclusion that can be derived from this study is the first, the role of Civil Servant Investigators Great Hall of the Food and Drug Administration Pekanbaru not the maximum, due to very maze of cases handled by the investigator until today. Second, barriers faced by Civil Servant Investigators Great Hall of the Food and Drug Administration Pekanbaru is influenced by several factors such as law, law enforcement officers factors, factors and factors humans. infrastructure, efforts in overcoming the barriers that do Servant Investigators civil Hall of the Food and Drug Administration Pekanbaru is to add members investigator, enhance the effectiveness of HR in the organization, increasing cooperation with the police, increase the budget for the purpose of investigation and to disseminate to the public. Suggestions author of the issues examined are the First, that Civil Servant Investigators Great Hall of the Food and Drug Administration Pekanbaru can play its role to the fullest. Secondly, in order that Civil Servant Investigators Great Hall Pekanbaru Food and Drug Administration to coordinate with the police, businesses and people in the discipline circulation wet yellow noodles containing berbahaya. Thirdsubstances, are not expected to increase the number of personnel investigator and increase the budget for the purpose of investigation.Keywords: Investigation - Hazardous Substances - Food Products
PENYIDIKAN TERHADAP TINDAK PIDANA PEREDARAN OBAT KERAS ILLEGAL OLEH PEJABAT PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWASAN OBAT DAN MAKANAN PROVINSI RIAU SIMAIBANG, MARLINA; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Prescription drugs are also called drug list G, drugs included in this class efficacious hard and when used carelessly can be dangerous even can poison the body, exacerbating the disease, fueling the emergence of other diseases as the negative effects, causing damage to organs of the body, it can even cause death. There are still many hard drugs are sold not in accordance with the applicable provisions of which are still a lot of hard drugs were sold without marketing authorization of BPOM and sold in pharmacies without accompanied by a pharmacist or without a prescription. Each drug and food control carried out by the Central Provincial Food and Drug Administration. Supervision is done by the Civil Investigators assisted by the Police. This type of research can be classified as socio-juridical, because in this study the authors directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined.This research was conducted in the Great Hall of the Food and Drug Administration Riau province, while the sample population is an overall cases related to the problems examined. In this study the source of the data used is primary data, secondary data and data tertiary, while the data collection techniques used in this research is through the interview. From the research problem there are three main things that can be inferred, first, investigation conducted by Investigator of the Interior (investigators) Civil Hall of the Food and Drug Administration Province can be done with a preliminary investigation open and a preliminary investigation is closed, which after obtaining sufficient evidence determination suspects and will be conducted seizure of evidence, the Second, barriers faced PPNS the Center for Food and Drug Administration is the lack of budget to conduct investigations and inquiries, kuranngnya owned facilities as well as the minimal number of Human Resources of the BPOM Riau Province.Third efforts made by the Center for Food and Drug Administration Riau province to overcome the barriers is to increase the budget to conduct investigations and inquiries, increase the number of Human Resources in order duties and functions of investigators can run better and to increase public awareness, public knowledge about the provisions the sale of drugs and food by substitution and sosialition.Keywords: investigation- Drug hard- BPOM
Co-Authors ', Boentor ', Erdiansyah ', Firdaus ', Margain ', Nurcholis ', Sariyati ', Syahrul ', YURIADI Adeliasari, Sy. Rezi Adha, Aditya AFRIANDA, WAWAN Anak Agung Istri Sri Wiadnyani Andrew, Simon Anrifa, Rianty Arara, Desfita Arfan, Ilhamdi Ariadi Mandala Putra Arimbi, Dinda Astuty, Deny Azizi, Yunharadi M. Bagus, Adimas Bobby Ferly Christiyanto, Rio Dani, Akbar Dessy Artina Destriadi, Ari Dinata, Okta Vianda arta Emilda Firdaus Ferawati, Ferawati Ferawati Fitri Ramadani Ginting, Jonta HALIVA MUHAROSA, HALIVA Handayani, Silvia Handayanis, Okta Dwi Harahap, Ogy Ramajuary At Haratua Manik, Buha Tumpak ILFAN AFRIANDI JAHRI, ILFAN AFRIANDI Irawan, Silvia Andira Kalfin Saputra Simanjuntak Kurnia, Radhi Kurniawan, Jumarhadi Ledy Diana Maruli Tua Marbun MASTIJA H, MASTIJA Maxasai Indra Megawati, Syarifah Mexsasai Indra Nainggolan, Dedi Ardianto Natalia Desi Wulandari, Natalia Desi Nofrianto, Koko Nurmala, Sari Padri, Muhammad Pandiangan, Eko Ardiansyah Pramboy H Sitinjak, Pramboy H Pricilia Irene Debora Princen Simatupang, Princen Purba, Andry Efra Purwitosari, Dyah Putri, Annisya Rani Rahmat Tua Daulay Reza Agustino Rido i, Muhammad Riski Wandy Hasibuan Santi Sirait Saputra, Aidil Irwan SARI, APRI MONA Sari, Wulan Kartika Selpas, Daf’al SIMAIBANG, MARLINA Simamora, Desvi Christina Simanjuntak, Dody Saputra Singgih Warsito Kurniawan Siregar, Pera Erawina SIRINGORINGO, JASTIN MIKSONDES SITORUS, FINTA RIRIS Syaifullah Yophi Ardiyanto Tamaulina Br Sembiring Tedi Franggoes Andri Siburian, Tedi Franggoes Tigo, Kevin TODIMAN RAJAGUKGUK, TODIMAN Tri Novianti, Tri Tuffemili, Freddy Widia Edorita Yogi Kurniawan, Yogi Yuda, Okta Surya Dharma Yuni Aditya Adhani, Yuni Aditya