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', Erdianto
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EFEKTIFITAS PENJATUHAN PIDANA TERHADAP TINDAK PIDANA NARKOTIKA DIKAITKAN DENGAN TUJUAN PEMIDANAAN AFRIANDA, WAWAN; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

This narcotic crime in Kampar regency from year to year the number of cases, suspects and victims are always victims of drug-related crime has increased sharply, both in terms of quality and quantity. At the time of this particular criminal offense to narcotics law enforcement and legal certainty has not been enjoyed by people of Indonesia The number of criminal cases of narcotics is seemingly much to give a negative impression that the law can not provide a deterrent effect against perpetrators, whereas the purpose of punishment is to give deterrent effect to the perpetrators.This type of research can be classified by the type of juridical sociological research, because this research author directly conduct of a study on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted in Kampar, while the sample population is a whole party with regard to the issues examined in this study. Source of data used, primary data and secondary and tertiary of data, data collection techniques in this study by observation, interview and literature study.From this research, there are two main things that can be inferred. First, In the criminal punishment of the effectiveness of the criminal punishment against the convict narcotics can be drawn two conclusions that criminal punishment of the first portion of former inmates of narcotic can make and feel deterrent not to repeat his actions and could be said to be effective and the achievement of a goal pemidanaannya, Second, as is known, and based on that crime is viewed from any angle can not be tolerated and left in social life because the drug can leave addictive effects and can damage organs if used in excess and drugs can also damage the nation and the state. Institutions in charge of organizing the judicial court can not do and produce a work without hooking themselves on the roles of the various components of social and community environments that shape it. In responding to the narcotic crime, there are three roles that are less cooperation in combating trafficking and abuse of narcotic drugs and make the ineffectiveness of punishment is the role of the family, the role of the social environment, the role of each individual member of the community.Keywords: effectiveness, narcotics, purpose of punishment
ANALISIS YURIDIS TINDAK PIDANA DALAM TINDAKAN MEDIK TERHADAP PASIEN Sirait, Santi; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Health is a human right and one usur welfare was in accordance with the ideals of the nation of Indonesia as referred to in the Pancasila and the Preamble to the Constitution of the Republic of Indonesia Year 1945 health law is based on two principles of law principle. The first is the legal principle of the right to health care, which is care given by health workers on the basis of ability and skill applying science and medical technology. The second is, independent human rights or in other words the right to self-determination. The purpose of this thesis, namely: to determine the position of service standards in the doctor's duties and functions of law and to determine the elements of criminal acts between patients and physicians in the medical action. Type of research is a normative law. In this case I chose the study of the synchronization of the law, and which is the object of this study is the act of providing medical and legal analysis . From the results of research and analysis the authors concluded that: First Position duties and functions of service standards doctor in law, is as a guide and reference in providing medical action, prior to providing health care and medical measures physicians must understand the standard operating procedures. Standard operating procedures are a barometer of whether or not the alleged malpractice committed by doctors. When doctors make mistakes/ violations, doctors as professionals must be responsible . Legal responsibility will be given to the doctor can be ethical, civil, criminal, or administrative basis, depending on the level of error / violation committed by a doctor. Both acts were done intentionally physician / culpa and has met the elements of criminal acts , physicians should be held responsible. First, a doctor is the subject of law and already adept at taking legal action. Secondly, the inner relationship between the perpetrator and his actions, dolus / deliberate or culpa / omissions. Doctor in their profession, physicians are well aware of what was done to the patient so that the inner attitude of a doctor associated with services provided to the patient. Third, there is no reason eraser errors or forgiving. Therefore, if a doctor made a mistake and intentionally or negligent actions have met the elements of the criminal then the doctor will be penalized in accordance with applicable law. Keywords : Juridical Analysis - Crime - Medical Action - Against Patient
PERANAN KEPOLISIAN SATUAN LALU LINTAS DALAM PENINGKATAN DISIPLIN BERLALU LINTAS TERHADAP PENGEMUDI KENDARAAN BERMOTOR DI WILAYAH HUKUM KEPOLISIAN RESOR DUMAI Harahap, Ogy Ramajuary At; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Each person uses a motor vehicle to facilitate its activities to mobilize or move from one place to another in everyday life, whether it was a two-wheeler or four-wheeled vehicles. As motorists must give priority to safety and obey the rules that apply in accordance with applicable regulations in the State Indonesia. Pursuant to Article 106 paragraph (4) (a) of Law Number 22 Year 2009 regarding Traffic and Road Transportation. The research objective of this thesis, namely; First, to determine the role of Police Traffic Unit Dumai, second, to determine the factors that influence the legal awareness in traffic in Dumai Police Jurisdiction, Third, To know the efforts made by the Police Traffic Unit Dumai.This type of research can be classified into types yiridis sociological research. This research was conducted at the Police Traffic Unit Dumai, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in this study with interviews, questionnaires, observation, literature study, and data analysis.From the research problem there are three basic things that can be inferred. First, the role of the Unit of Traffic Police Dumai in increasing traffic discipline against motorists, there are a few roles are performed, first, the role of the field of prevention, namely by way of socialization or counseling and information about signs traffic to school-school and community, Second, the field of repressive role, namely to take actions to give warning to offenders who are not too fatal and prosecution by giving him a ticket for violators were fatal. Second, the factors that influence the legal awareness in traffic in Dumai Police Jurisdiction, namely law enforcement factor, factor means or facilities, community factors. Third, efforts made by the Police Traffic Unit Dumai to overcome the obstacles that is, increase the number of personnel, giving instruction to members of Traffic, propose an increase in funding and facilities and amenities to the leadership, increase socialization schedule of traffic rules. Suggestions Author, First, the increase in traffic discipline need to be improved work patterns, Second, increase the budget, facilities, amenities, as well as the number of personnel, third, in increasing public awareness need socialization and counseling about traffic rules to the public. Keywords: Role - Traffic Unit - Motor Vehicle Drivers
IMPLEMENTASI RESTORATIVE JUSTICE PADA PENEGAKAN HUKUM TINDAK PIDANA PENCABULAN OLEH ANAK DI WILAYAH HUKUM DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISIAN DAERAH RIAU Kurniawan, Singgih Warsito; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Crime is a fact of life that requires special handling. Crime is increasing in Indonesia resulted in the incidence of a variety of modus operandi in the crimes, one form of evil acts of violation of minors. From the results of the research problem, there are three basic things that can be summed up: the first application of Restorative Justice in the Directorate of Police of Riau Area became Reserse options various parties (victim/offender/family, family and investigators) with consideration for the application of the concept of restorative justice is more fulfilling sense of fairness for both parties. But not all cases are resolved in the case of Restorative Jutice let alone already berualang times performed and led to heavy losses. Second, barriers in Imlementasi Restotive Justice that provisions of legislation that has not been set explicitly the application of Restorative Justice concepts of Justice as an alternative to the completion of the legal apparatus of making children matter has no clear juridical footing to resolve the matter through the concept of Restorative Justice. Third, Efforts are being made to overcome the obstacles in the implementation of Restorative Justice in the Riau regional police Direserse where investigators provide referrals and understanding to the families of the victims nor the perpetrators for as much as possible eliminate the sense of revenge tarhadap crime and give an understanding that any process of criminal acts committed by children under the age of restorative justice were resolved or peace.
PENERAPAN PASAL 385 AYAT 4 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA PADA PUTUSAN NOMOR 346 Pid.B/2011/Pn.Pbr DILIHAT DARI KONSEP KEPEMILIKAN TANAH MENURUT HUKUM ADAT ', Margain; ', Erdianto; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Prior to the enactment of the law the land sector in Indonesia, the applicable rules of customary law, as is also recognized in Article 5 of Law No. 5 of 1960 on the Basic Regulation of Agrarian. On that basis, the status of land ownership in Indonesia is not necessarily seen by the formal proof in the form of a letter or deed their land as intended by the Act Agrarian land ownership on the basis of customary law is still recognized. This dualism resulting in disputes about the status of land ownership in practice.As for the purpose of writing this paper is to investigate the application of criminal law article 385 paragraph 4 of the rules of evidence as stipulated in the law on criminal procedure and to determine the legal considerations of the judges in the decision on the criminal case No. 346 / Pid.B / 2011 / PN.PBR seen from the concept of land ownership under customary law.This type of research is a normative legal research in the form of studies document / case, because the research conducted by Docket No. 346 / Pid.B / 2011 / PN.PBR, in conclusion, the author uses the inductive method is by way of drawing conclusions from things Special character (from the data obtained from the study) the provisions of general law.In application of Article 385 paragraph 4 of scams there are elements which would conflict with land ownership customary law because the legal concept of land in Indonesia that adheres stelsel negative berunsurkan positive segingga the right base of the country does not ensure the full ownership of the land, meaning there's still other evidence such as physical evidence and other evidence and can be used as guidelines for judges in sentencing for this article related to land ownership. The judges' verdict likely to be taken in terms of formality so that it will ignore the sense of justice in the society where judges regarded as most people know the lawKeywords: Application - Fraud - Land Owners - Indigenous
Pelaksanaan Perlindungan Hukum Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Kesusilaan Di Wilayah Hukum Kepolisian Resor Kampar Bagus, Adimas; Firdaus, Emilda; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Human rights are basic rights that are inherently human, universal, and bestowed by God Almighty. In the protection of human rights, children are also included. A child is a person who is not yet 18 (eighteen) including a child still in the womb. Child protection efforts should begin as early as possible, but the reality is still often heard by the child being the perpetrator and the victim of decency. In Indonesia the government and the police function to make efforts to protect and improve the welfare of children. Based on data obtained from the polar kampar police, Kampar district occupies the first level of moral crime, especially children who commit criminal acts of decency, and the number of cases has always increased in the last three years. In this case relate to the protection of the child who is the perpetrator and the victim in criminal acts committed by the police of Kampar resort. Efforts are made to overcome obstacles from the Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territory of Kampar Police Resort Law.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied to provide a complete and clear picture of the problem under study. This research was conducted in Kampar Village Resort Police Law whereas population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data, and tertiary data, data collecting technique in this research is done by observation questionnaires, interviews, and literature review.From the results of research problems there are three main things that can be concluded. First, the implementation of legal protection for children as perpetrators and victims in criminal acts of decency, namely in the form of providing protection in accordance with child protection legislation. Second Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territorial wards of Kampar Police Resort. The three obstacles in the implementation of legal protection of children as perpetrators and victims in criminal acts in the area of police law resort kampar. The writer's suggestion, firstly in providing legal protection of Kampar Resort Police especially PPA unit is expected to continue to maximize the interests of the child, either as the perpetrator or as the victim, so as not to disturbed the psychological of children experiencing legal process; Secondly, Legal protection of children as perpetrators and victims in legal territory The Kampar Resort Police must be carried out as a digression or discretion as soon as possible while the act can be forgiven. Third, the obstacles faced by the Kampar Police Force from the implementation of legal protection of children as perpetrators and victims there are 2 (two) factors that are internal factors and external factors that must be considered as much as possible.Keywords: Kampar District Police- Child Protection as Perpetrators and Victims - Criminal Acts of Decency
KESADARAN HUKUM BERLALU LINTAS BAGI PENGENDARA KENDARAAN BERMOTOR RODA DUA DI KOTA TEMBILAHAN ', Sariyati; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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In Indonesia in general, and in particular Tembilahan City this citizens legal awareness is still very low Tembilahan City, among others part of the society, especially in not obey the traffic rules so that conflicts between the road and the police. It is evident that there are many motorists who do not have a driving license (SIM) or in other words do not complete either of his letters as well as other vehicle equipment. Legal awareness in the City Tembilahan is still lacking, but these rules were made in order to maintain the safety of the community itself.As for the purpose of this thesis is to know the legal awareness of traffic for motorists two wheels at City Tembilahan and to know the efforts made by the Traffic Unit of the Police Resort Indragiri Hilir to increase legal awareness of traffic for riders of two-wheeled vehicle in Tembihalan cityIn writing this essay, the writer used juridical sociological namely a review of secondary data in the form of legislation, as well as the results of the legal scholars, such as books related to the discussion to then proceed with research on primary data.The conclusion that can be obtained from this study is the first, awareness of traffic laws for riders of two-wheel motor vehicles in the city of Tembihalan still lacking, where there is still a lot of traffic violations committed by drivers of two-wheeled vehicles and every year the number of such violations increases .. Second , efforts made by the Resort Police Traffic Unit Indragiri Hilir to raise awareness of traffic laws for riders of two-wheel motor vehicles in the city tembihalan are preventive measures and efforts represif..Saran writer on issues examined are the First, lack of awareness of traffic laws for riders of two-wheel motor vehicles in the city Tembihalan to be addressed by the Resort Police Traffic Unit Indragiri Hilir, City Tembilahan, both with the efforts for the creation of preventive and repressive society orderly traffic. Second, Socialization needs to be done continuously, especially socialization in schools so that people obey the traffic rules. In case of violation by the two-wheeler riders, then tindakanyang diambiloleh sanction police to motorists who commit violations must be firmly in accordance with regulations or laws applicable.Keywords: Legal Awareness - Traffic - Riders Two Wheel Vehicles
Penegakan Hukum Terhadap Pungutan Liar yang dilakukan oleh Pos Polisi kepada Pengendara Angkutan Barang di Wilayah Kepenghuluan Bangko Bakti Kecamatan Bangko Pusako Kabupaten Rokan Hilir Padri, Muhammad; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Wild charges against law enforcement carried out by the police to transport riders relic items Kepenghuluan Bangko Bangko, sub episode of filial piety, Rokan Hilir. charges made by the police station diKepenghuluan Bangko Bakti done with work shift system activity is certainly contrary to law No. 20 of 2001 about the eradication of criminal acts of corruption in article 12 the letter e that reads, are convicted with imprisonment for life or imprisonment of most short four (4) years old and most 20 (twenty) years and criminal fines of at least Rp. 200,000,000.00 (two hundred million rupiah) and at most Rp. 1,000,000,000.00 (one billion rupiah) . Tujujan penilitian these are: a. to know wild charges against law enforcement carried out by the Police to transport goods b. riders to know the constraints in the wild charges against law enforcement by the Police to transport the goods c. Rider To attempt countermeasures so that goods transport riders do not become victims of the wild collection.The type of research or the approach used by the author is the juridical sociological legal research. This research was conducted in the area of Kepenghuluan Bangko Bangko, sub episode of filial piety, Rokan Hilir. As for the reason the author sets the location became the site of the author's research because of indications of wild charges committed by police against rider transport of goods in the region. In this study researchers use data sources that you can break down as follows: primary Data, i.e. data obtained directly provide research. Secondary data, i.e. data obtained indirectly through the research libraries (library research).The issue of the proper functioning of the law in principle hold at least four factors, namely: the ruling factor, factor officers who enforce, support facilities, and the citizens of the community. As for the barriers in law enforcement is the mental attitude of the person's own officers, the lack of legal consciousness of the person doing the pungli and feel good will his deeds led to constraints in enforcing law, victims do not want to report the actions of the members of the police who did the wild charges. And as for the efforts of the response is: Identify areas that could potentially occur wild charges and take effective measures to eradicate wild charges, forcefully crack down on the country's civil apparatus involved wild charges, conduct more in-depth investigation to trawl the involvement of other persons-personsKeywords: wild charges against law enforcement in Kepenghuluan Bangko Bakti
PELAKSANAAN PENYIDIKAN TINDAK PIDANA PERDAGANGAN ORANG OLEH PERWIRA UNIT PENYIDIK UNIT PELAYANAN PEREMPUAN DAN ANAK DI KEPOLISIAN DAERAH RIAU Debora, Pricilia Irene; ', Erdianto; A, Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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In writing this paper, the authors discuss the implementation of the criminal investigations of human trafficking by Perwira Unit Penyidik Unit PPA Polda Riau. Writing in background mode the background by the affluance of trafficking in persons especially women and children are very diverse, ranging from the promised jobs, kidnapping victims, debt bondage and deception. The purpose of this thesis is to investigate the implementation of criminal investigations of trafficking in persons and know the obstacles faced by Panit Idik Unit PPA and solutions in the implementation of criminal investigations of human trafficking. In this thesis, the writer uses sociological research methods. Nature of the research used is descriptive, providing a clear picture of the implementation of the criminal investigations of trafficking in persons by Panit Idik Unit PPA Polda Riau. Results of qualitative research conducted by analysis and use deductive method, the decomposition problem from general spesific. From the reseearch it can be concluded that the obstacles faced by the Perwira Unit Penyidik Unit PPA in that implementation of the investigation is divided into internal factors and external factors.Internal factors consists of less cost factor, a factor that is less infratructure and personel factors are insufficient in number.External factors consists of factors of vitims and people who still do not understand the importance of law in the implementattion process of ivestigation.Keyword: Implementation – Investigations – Panit Idik – Unit PPA – Criminal offense of trafficking in persons
Kebijakan Kriminalisasi Dalam Perlindungan Merek di Indonesia Berdasarkan Undang-Undang Nomor 15 Tahun 2001 Tentang Merek Tuffemili, Freddy; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Against brand counterfeiting lot happening in recent years. Such violations include counterfeit goods (KW) communication devices such as mobile phones, android, wireless, walkie-talkies, smart phones, modems. tort against the brand is a serious crime. The purpose of this thesis, namely the first, the history of legislation in the field of brand, second, the crime of counterfeiting brands according to Law No. 2001 on Marks .15.This type of research is classified normative legal research. The source of data is secondary data which is divided into 3 (three), which is the primary legal materials, secondary and tertiary. In the data collection methods of documentary study literature or studies. Data were analyzed quantitatively, the descriptive outline of the data obtained. In drawing conclusions using deductive method of thinking, the way of thinking which draw a conclusion from a statement or proposition of a general nature be a statement or a case of a special nature.From the research, the First, the setting of the brand in Indonesia, has undergone several changes of laws include Act No. 21 of 1961, repealed and replaced by Act No. 19 of 1992 on Marks, then change and improvement as outlined in Law Number 14 Year 1997 regulation on the provisions of this brand then undergoes profound changes, with the ratification of Law No. 15 of 2001 regarding Mark, Second, setting the crime of counterfeiting of brand communication tools based on Law No. 15 of 2001 on brand Trademark Counterfeiting crime Settings Communication Equipment Based on Law No. 15 of 2001 on Marks, published in the Trademark Act classifies the entire crime referred to in the law as to a complaint, not a regular offense. This means that the criminal provisions in the Act Brand enacted after a report from someone who harmed the actions of others that related to a complaint any police investigation can be stopped only by the withdrawal of the police report mentioned by the complainant to the extent not examined in court.Key Word : Counterfeiting–Brand
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