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', Erdianto
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PENEGAKAN HUKUM OLEH POLISI RESOR KOTA PEKANBARU TERHADAP PEREDARAN MINUMAN KERAS IMPOR ILEGAL OLEH PEDAGANG GEROBAK DORONG DI JALAN JUANDA KOTA PEKANBARU Anrifa, Rianty; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

As which it is known that the circulation of liqour despite tighneted in terms of administration, it was not able to stem it’s spread. Many trader do cheating antecedent to avoid the complexity of the administrative permit one of which is the sale of illegally imported liquor.In law enforcement against traders who sell liquor are expected officers to be able to crack down firmly. Community participation is also expected to oversee, for goverment enforcement and implementation of regulations should be strengthened and not going nowhere.Keyword : Circulation – liquor – trader
PENEGAKAN HUKUM TERHADAP PRAKTIK TENEGA KESEHATAN TANPA IZIN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN DI KOTA PEKANBARU Handayanis, Okta Dwi; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The practice of unlicensed health workers is one of the crimes that harm the entire community, especially the health needs of the community to make the risk of the existence of health workers practice without this permit will increasingly endanger the safety of the community. In practice, health workers should be continuously upgraded through continuous education and training, certification, registration, licensing, as well as guidance, supervision and monitoring so that the implementation of health personnel practices is in accordance with the development of science and technology. The aim of this thesis are: First, the enforcement of the law against the practice of medical personnel without permission under Act No. 36 of 2014 on Health Workers in Pekanbaru, Second, obstacles to the enforcement of the law against the practice of medical personnel without permission under Act No. 36 of 2014 Health workers in the city of Pekanbaru, Third, efforts are being made to overcome the barriers in law enforcement against unlicensed practice of health professionals based on Law No. 36 Year 2014 about Health workers in Pekanbaru.This research type is research of sociological law, that is research with see effectiveness of law enforcement in field. This research was conducted at Pekanbaru Police Resort and Pekanbaru City Health Office. Population and sample are all parties related to the problem under study. Sources of data used are: primary data, secondary data and tertiary data, data collection techniques using interviews and literature review.From the results of research there are three main issues that can be concluded. First, the enforcement of the law against the practice of health workers without permits in the city of Pekanbaru, the lack of coordination between the Parties to the Police, the Department of Health and the Indonesian Dentists Association, Second, obstacles to the enforcement of the law against the practice of medical personnel without permission in Pekanbaru, Factors Act, factors of law enforcement officers, the factor of facilities and amenities, as well as community factors as the most vital, Third, efforts are being made to overcome the obstacles in the enforcement of laws against the practice of medical personnel without permission in Pekanbaru, law enforcement officers are expected to cooperate with agencies that have Supervisory authority and supervision and guidance in the form of socialization to the community related to the knowledge about the practice of health workers without permission and danger from visiting the practice of health workers without permission. Suggestions writer, First, role of government oversight associated with the practice of health workers without such permission must first be improved to avoid the occurrence of violations, Second, law enforcement officials are expected to work closely with the Department of Health and the Association of Indonesian Your doctor. The health offices are more effective in monitoring the practice of unskilled health workers.Keywords: Law Enforcement - Health Worker Practices - Without Permission
PERANAN DIREKTORAT PENGAMANAN OBJEK VITAL DALAM PENGAMANAN OBJEK WISATA TERHADAP TINDAK PIDANA PENCURIAN DI KOTA PEKANBARU Kurniawan, Yogi; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The high level of crime in the theft of the tourist attractions in the city of Pekanbaru causing public anxiety and fear, so reluctant to visit tourist attractions in the city of Pekanbaru. Some causes of this discomfort role Vital Security Object (PAM OBVIT) increasingly vital. Protect and make the tourists feel comfortable and safe are the main tasks that must be performed by members of the Vital Security Object (PAM OBVIT). Based on this understanding, then writing this essay to formulate three formulation of the problem, namely: first, how the role of the security directorate in securing vital objects attraction to the criminal offense of theft in Pekanbaru City? Second, whether the security directorate inhibiting factor in securing vital objects attraction of the offenses of theft in Pekanbaru City? Third, if the efforts made object security directorate vital in overcoming obstacles Attraction security against criminal acts of theft in the city of Pekanbaru?Keywords: Role - DirPamObvit – Pekanbaru
Perbandingan Formulasi Tindak Pidana Judi Dalam Kitab Undang-Undang Hukum Pidana Di Indonesia Dengan Hukum Islam Sari, Wulan Kartika; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Arrangements on Gambling are governed by Article 303 of the Criminal Code and Article 303 bis of the Criminal Code jo. Law of the Republic of Indonesia Number 7 Year 1974 regarding Gambling Control. The purpose of writing this thesis that is to know the setting of gambling, weaknesses and advantages of gambling arrangements in the Book of Criminal Law in Indonesia and in Islamic Law.The research methods in this research, First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, data collection techniques used are literature review or documentary study. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form.From the results of this study that the authors do can be concluded. The setting of gambling is not based on the philosophical, sociological and juridical values of Indonesian society. The Criminal Justice Code only specifies that what is meant by gambling whereas in Islamic Law the criminal act of gambling is subject to ta'zir punishment.Keywords: Arrangement-Gambling-Islamic Law.
TINJAUAN YURIDIS MENGENAI PENGANGKATAN PENYELIDIK DAN PENYIDIK PADA KOMISI PEMBERANTASAN KORUPSI (STUDI KASUS PUTUSAN PRA PERADILAN NOMOR 36/Pid.Prap/2015/PN.Jkt.Sel) SIRINGORINGO, JASTIN MIKSONDES; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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One of the new legal institutions created in the book of the law of criminal procedure is the Pretrial, then from that point on, the exsistence of chaotic appointment about some investigating officer in police of Republic of Indonesia by the Corruption Eradication Commission which becomes a prolonged polemic for the agencies concerned and the investigating officer’s appointment were not from police institution. Within the case Hadi Poernomo as the petitioner submit pretrial petition towards the appointment onsidered contrary the point because is not present in the code of criminal procedure which is detrimental for him towards investigation and investigating officer that have been carried out. The purpose of the writing of this scription is to know: First, investigation and investigation officer‘s appointment in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel. Second, the appointment process of investigation and investigating officer in corruption eradication commision in case Number 36/Pid.Prap/2015/PN.Jkt.Sel already appropriate in prespective Integrated Criminal Justice System. Third, the legal consequences of the investigation and investigating officer‘s appointment in corruption eradication commision in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel.This research used kind of normative because reviewing pretrial petition by Hadi Poernomo in case Number 36/Pid.Prap/2015/PN.Jkt.Sel that include the approach to cases, legislation and conceptual. Technique for collecting and processing of legal materials in the writing of this scription is to collect legal materials of primary and secondary legal materials, which are then carried out an inventory and analysis of both the primary legal materials nor secondary law materialsBased on the result, there are three main things that can be concluded. First, based on the code of criminal procedure valid until nowdays calrify that Corruption Eradication commision does not have authory to make appointment about the investigation and investigating officer who did not come from the institution Indonesian National Police and the Attorney General of the Republic of Indonesia. Second,according to the perspective of the Integrated Criminal Justice System, the authority of the Corruption Eradication Commision to conduct the appointment of investigation and investigating officer in the case Number 36/ Pid.Prap/2015/ PN.Jkt.Sel is not appropriate because according to the law it is a deviation from the provisions applicable for the on going Integrated Criminal Justice System. Third, the appointment of investigator and investigating officer at the Corruption Eradication Commission in case Number 36 / Pid.Prap / 2015 / PN.Jkt.Sel that deviate from the Code of Criminal Procedure Code and Law Number 30 Year 2002 on Eradication Commission Corruption itself, then the activities of inquiries and investigations that have been carried out is an activity that resulted in formal defect such activities become null and void.Keywords : Investigation – Investigating officer – Pretrial
PENEGAKAN HUKUM OLEH SATUAN RESERSEK RIMINAL KEPOLISIAN RESOR KOTA PEKANBARU TERHADAP TINDAKPIDANA HUMAN TRAFFICKING DI WILAYAH KOTA PEKANBARU Andrew, Simon; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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At this timethere are much human trafficking cases at Pekanbaru City. There’s much ways for the human trafficking doer to do their crime. This causes trouble for the society, because that kind of crime makes the society lose their trust to each other even for their closest relatives. Anyone can become the victims of human trafficking, men, women, rich people, poor people, old and even the young people and can be happened everytime and everywhere. According to the writer’s data from his research at Police Department of Pekanbaru City which research at 2014 and 2015 started from December 11th 2014 LP/K/1511/XII/2014/RESKRIM as its report number that The Police Department of Pekanbaru City got a report that there is human trafficking case by AA as his initials. Second case happened at October 3rd 2015 with LP/K/1114/X/2015/RESKRIM as its reports number that the Police Department of Pekanbaru City got a report from the human trafficking victim which escaped from the human trafficking doer by DN as his initials.The problems discussed are the First, how enforcement by the police against the crime of human trafficking. Second, what are the factors that cause the crime human tarfficking in Pekanbaru Police.The method used is empirical research, another term is sociological research is also called field research and descriptive research. In collecting the data, the type of data used in this study are primary data and secondary data, ie directly through written records and interviews with the Chief of Unit IV of the Criminal Investigation Police Pekanbaru, Act No. 21 of 2007 concerning the eradication of human trafficking. The data analysis was done qualitatively and conclusions drawn deductively.From the results of research by the author that enforcement by the police has not done well because still have a human trafficking crime shrouded in Pekanbaru city.Keywords: Crime –Human Trafficking –
PROBLEMATIKA KEWENANGAN PENUNTUTAN ANTARA KEJAKSAAN DAN KOMISI PEMBERANTASAN KORUPSI DIKAITKAN DENGAN SISTEM PERADILAN PIDANA Ginting, Jonta; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Corruption is one of the most fundamental constraints experienced by theIndonesian state. Prosecution of corruption committed by these two institutionsoften make it difficult for law enforcement efforts against corruption. Because it isnot clearly regulated the authority limits both institutions. As well as the unclearposition of the Commission in the Criminal Justice System Indonesia,. Thepurpose of this thesis, namely: First, to know the problems of prosecutorialpowers between the Prosecutor and the Corruption Eradication Commissionassociated with the criminal justice system. Secondly, To know the authority of theCorruption Eradication Commission in the prosecution of corruption associatedwith the criminal justice system. Third, to determine the position Prosecutor andCorruption Eradication Commission in corruption associated with the criminaljustice system.This type of research can be classified into types of normative juridicalresearch, because in this study the authors conducted a study of the legislation onthe subject under study. In this study the source of the data used primary data,secondary data, and the data tertiary data collection techniques in this research isthe study of literature.From this research, there are three main conclusions. First, thereoverlapping authority and conflicts of interest between the Prosecutor and theCorruption Eradication Commission. Secondly, the Corruption EradicationCommission is authorized to prosecute corruption cases. Third, that theProsecutor and the Corruption Eradication Commission has not been clearlyregulated and the position in the Indonesian criminal justice system,Suggestions writer, first, that need to be regulated in the Act regardinglimitation prosecutorial powers between the Prosecutor and the CorruptionEradication Commission. Second, that the eradication of corruption, especially inthe field of prosecution Anticorruption Commission is authorized to conduct theprosecution as stipulated in Law Number 30 of 2002, Three, that needs to beclearly on the positions of the Prosecutor and the Anticorruption commission inthe criminal justice system of Indonesia, so as not to cause a variety of problemsand in the prosecution of corruption.Keywords: Prosecution, Corruption, Prosecutor, Corruption EradicationCommission
PELAKSANAAN PENYIDIKAN TINDAK PIDANA PERJUDIAN ADU AYAM DI WILAYAH HUKUM POLISI SEKTOR KERINCI KANAN KABUPATEN SIAK Simanjuntak, Kalfin Saputra; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Gambling game of chicken is one of the social ills that need to beprevented and mitigated the impact of the implementation is due to thedisruption of public order. As state officials who carry out the functions of lawenforcement, maintenance of public order and safety as well as protection,guidance and community service, police on duty to prevent and mitigate thecrime of gambling. The problem in this thesis is on how the crime of gamblinggame of chicken in the positive law in Indonesia, how the implementation ofthe implementation of the police in tackling crime of gambling, and theconstraints faced by the police in tackling crime of gambling. In positive lawin force in Indonesia, both provided for in Article 303 of the Criminal Codeand the Criminal Code as set out in the Act 7 of 1974 on Gambling Controland Regulation 9 of 1981 on the Implementation of Act 7 of 1974, all of whichdefine gambling as a crime that practice needs to be prevented and addressed.This type of research can be classified in this type of juridicalsociological research, because in this study the authors directly conductresearch on the location or place diteliiti to provide a complete and clearpicture of the problems examined. This research was conducted in thejurisdiction of Police right Kerinci police station, while the population andthe sample is a whole party associated with the problems examined in thisstudy, which used data sources, primary data and secondary data consistingof primary legal materials, secondary and tertiary, data collection techniquesin this study with questionnaires, interviews and literature study.From the research, there are three main problems that can be inferred.First, the implementation of the Crime Investigation Gambling GamesChicken in Sector Police Jurisdiction Right Kerinci enforcement Siak done byfinding the elements of the crime. The second hurdle in the implementation ofthe Crime Investigation Gambling Game Chickens in Kerinci Sector PoliceJurisdiction Right Siak came from law enforcement factors, factor means andfactor of legal awareness. Third, efforts are being made to overcome theobstacles in the implementation of criminal investigations gambling game ofchicken is to seek to do good coordination, working to improve theprofessionalism, establish a harmonious relationship to the community.Advice Author, First, add personnel who have a high quality and quantity,and more serious in handling legal cases that might be able to function properly. Second, the need of holding outreach to the community so thatpeople will understand and be aware of the harmful effects of gambling.Thirdly, For Attorney apparatus and Siak District Court is expected toearnestly implement the rule of law in a criminal offense regarding gamblinggame of chicken and severely condemned.
PENERAPAN HAK MENDAPATKAN BIAYA PENGGANTI PADA SAKSI BERDASARKAN KUHAP DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Marbun, Maruli Tua; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Law was created to regulate the order of people's lives and to protect all components of a civilization. But lately laws in Indonesia gained sharp spotlights from all levels in the society. This happens because the law that is expected to be a regulating instrument, balancing tool between public and individual interests, and a driving catalyst to enhance the change processes to protect a community, is far off the expectation. Under the provisions of Article number 184 paragraph 1 of the Book of the Code of Criminal Procedure (KUHAP) explains that there are valid instruments of evidence that can be used in a court that including: description of witnesses, experts, information letters, instructions, and descriptions of defendant. Evidence of witnesses has an important role in uncovering the truth of material of a crime. In Article 229 paragraph 1 of the Criminal Code also mentioned that there is a right for a grant or a replacement cost for a witness or an expert who avowed to present at the hearing. Nonetheless, in the reality this right has not been fulfilled successfully.The objectives of this research paper therefore are: first, to know how is the implementation of the right to obtain a replacement fee for the witnesses in District Court of Pekanbaru according to the book of the code of criminal procedure (KUHAP); second, to know what are the obstacles in implementing this right; and third, to know what are the feasible solutions that can be done to put this right into practice effectively.The type of research done in this research was empirical juridical or legal sociological research. It was conducted at the state court and the state prosecutor of Pekanbaru. Sources of data used were primary, secondary, and tertiary. The technique of data collection was by literature research in library and direct interviews with various group of professionals and authorities. Data analysis was eventually analyzed by a deductive data method. The results of this research were: first, the practice of the law of allocating a replacement fee to witnesses in Pekanbaru was not effectively executed as the number of obstacles in practice is still high. Second, the obstacles found in implementing this right include: the lack of financial management in the court; lack of coordination and communication between the court and the prosecutor office; the lack of enforcement agency to monitor and control the activities of law implementation. Nevertheless, the people as the users of the law are ultimately unaware of the right that would benefit and protect themselves. Third, efforts that can be undertaken by the law enforcement agencies, especially in Pekanbaru area, are by proposing additional operating cost of the court, establishing cooperation and coordination with other relevant agencies, and increasing the frequency on education and socialization of the right to the respective people.Keyword: Application of Rights, Replacement Costs, Witness
PERTANGGUNGJAWABAN PIDANA TJIN LAM ALS ALAM DALAM TINDAK PIDANA KEPABEANAN (STUDI KASUS NOMOR 810/PID.B/2008/PN.PBR PERBANDINGAN PUTUSAN PENGADILAN NEGERI, PENGADILAN TINGGI DAN MAHKAMAH AGUNG) JAHRI, ILFAN AFRIANDI; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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In the study of criminal responsibility Tjin Lam als Alam of a criminal offense of customs ( case study number 810 / Pid.B / 2008 / PN.PBR comparisons District Court , High Court and Supreme Court ) Pekanbaru District Court the accused was found guilty and sentenced to imprisonment for 1 ( one ) year and a fine of Rp . 50.000.000 , - ( Fifty million ) subsidiary 3 ( Three ) Months confinement. In Pekanbaru District Court, the defendant appealed to the High Court of Riau are getting the defendant was found not guilty and the Prosecution did Cassation to the Supreme Court the decision of the defendant not guilty . The purpose of this study , First : To determine whether Tjin lam natural als be held accountable in the case of customs. Second : To know how the judge's ruling on the level of the District Court , High Court and the Supreme Court had been right.This research is classified into normative research , namely that nature Descriptive - Analytical Methods , means to describe, record , analyze and interpret existing conditions. In this case the responsibility of customs criminal offenses between the ruling criminal offense of customs at the level of district courts , high courts and the Supreme Court and Judge assemblies good basis for consideration in the first instance , appellate up in the Supreme Court then examined carefully and drawn a conclusion.Conclusion first in liability cases customs Tjin lam als nature based on the decision of the District Court Pekanbaru found guilty of witness testimony I to witness VIII and completeness of the evidence such as ships and cargo that may lead to belong to the defendant, while the results of the decision of the High Court and the Supreme Court against with Pekanbaru District Court that the defendant was found not guilty by listening to witness testimony I to VIII witnesses which explains the absence of the accused where the time of arrest or at the location of the crime scene (TKP) at that time.Suggestions With the freedom of the judge in deciding a case, especially in criminal customs then should the judge must always strive to improve ourselves, increase experience and sharpen the analysis to determine the factors that are considered rational to base consideration of the decision, in order to reach a decision that has flavor justice and a need for community participation in preventing the crime of customs. Community participation can be done by an individual, group, corporation or business entity, and the institutions or organizations established by the community. Community participation can be implemented by obeying the laws and regulations on customs, to supervise the implementation of laws and regulations that apply particularly legislation on customs.Keywords : Accountability - Crime - Customs
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