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', Erdianto
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EKSISTENSI ADVOKAT DALAM PEMBELAAN TERDAKWA PADA DUGAAN PENYALAHGUNAAN KEWENANGAN DI PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI PEKANBARU Tigo, Kevin; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the process of criminal justice, defense lawyers typically do with providing legal assistance to the accused in defending and protecting the interests of fundamental rights of freedom of justice seekers. advocates not just accompany the accused in the trial, but with all his knowledge to defend, prove the accused not guilty and uphold the interests of the defendant, both in substance law and legal procedure. Law Number 30 Year 2014 About the Administration, stating the elements of abuse of authority as stipulated in the law on Corruption Eradication must be assessed by the State Administrative Court. Here it takes the role and existence of the Advocate in defending the interests of the defendant to actively and intelligently in exploring and understanding the legislation, to ensure legal certainty on the defendant himself.As for the purpose of this thesis is how the existence of an advocate in defense of the accused in the alleged Misuse of Authority in the Corruption Court In Pekanbaru District Court and what are the obstacles encountered in the defense of the accused in the alleged abuse of authorityFrom the research problem can be concluded, first, the existence of an advocate in defense of the accused in the trial, has significant value for accused persons to prove whether he is guilty or not guilty. In the case of allegations of abuse of authority, Advocate provides legal assistance to the accused optimally including by ensuring the implementation of the testing element has been abuse of authority by the State Administrative Court before the alleged abuse of authority inspected or tried at the Corruption Court. The second, in stints profession Advocate gets constraints, namely: lack of legal awareness of the accused, not pahamnya advocate in legal developments, the stigma society has opined defendant guilty before the court decides, the difficulty of presenting defense witnesses / prove the defendant not guilty, and their menyelesaian judicial mafia is no longer a case based on facts so professional, quality, and ability to advocate no longer needed.Keywords: Advocate - Abuse of Power - Corruption Court
PENGATURAN PENYIDIKAN TINDAK PIDANA NARKOTIKA DALAM KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Irawan, Silvia Andira; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Among the law enforcement officers who also have an important role in the existence of cases of narcotics are Investigators, where investigators are expected to assist the settlement of cases of violations of narcotics crime. The purpose of this thesis writing are: First, the arrangement of the investigation of criminal narcotics in the book of criminal procedural law and narcotics laws, Second, the interest of the national narcotics agency in conducting investigations in the narcotics crime seen from the Criminal Procedure Code and Narcotics laws, Third, the ideal arrangement of the investigation of narcotic criminal acts in the criminal procedure code and narcotic laws.This research is done by using normative approach that is law principles. The type of data used in this study is to use secondary data that is the primary legal material (the 1945 Constitution, the Book of Criminal Procedure), secondary law materials (books related to the research result of the arrangement of the investigation of narcotic criminal acts Based on criminal procedural law and narcotic law), and tertiary law materials (Dictionary of Bahasa Indonesia), data collection techniques using the deductive method is a way of drawing conclusions from general to specific theorems.From the results of research there are three main issues that can be concluded. First, the arrangement of the investigation is done in accordance with the rules (Criminal Procedure Code and Narcotics Act); Secondly, the interest of the national narcotics body in conducting the investigation is: indeed indispensable in conducting narcotics investigation, coupled with the input to make troops Strike force for the prevention and control of narcotics crime, Third, the ideal arrangement of narcotics criminal investigation is: that there is no need for any police investigator who sits as an investigator in the National Narcotics Board because the police investigator has been a sole investigator for all crimes whose authority Not provided by the Narcotics Act. The writer's suggestion, Firstly, there needs to be a bigger budget increase for the process of investigation of narcotics crime, Secondly, for the investigators themselves, to get information about this crime is often done communication and socialization with the community, Third, And provide security guarantees to the public that inform the officer.Keywords: Arrangement-Narcotics-Investigation
PENEGAKAN HUKUM TERHADAP PROSTITUSI DI KOTA PEKANBARU Ferly, Bobby; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Factors causing the happening of prostitution is because economic factor that that womans born and enlarged by in impecunious environment, factor of sosiological like existence of social justice and urbanization, psychological factor like feeling to wish to revenge, lazy work and maniac sex and also expanding this prostitution It become various practice under cover like have massage parlour mask to and of spa (solus per aqua), karaoke, and cafe. In this case to straightening of law to prostitution in Town of Pekanbaru become problem and the importance of enforcement of law to the prostitution in Town of Pekanbaru. there is fundamental three things able to be concluded is. First, Enforcement Of Law To Prostitution in Town of Pekanbaru, that all done/conducted by law enforcement agencies punish in Enforcement of law to prostitution in Town of Pekanbaru not yet walked properly, Both, resistance met in straightening of law to prostitution in Town of Pekanbaru is factor of apparatus protected peacemaker or of government officer side using all way of to get items and lack of authority Set Of Police of Pamong District public service to fight against doing an injustice badness of this morale, Third, effort overcome this resistance is by making place rehabilitate and strive and preventif of represif by side] of apparatus of law. Suggestion Writer, First, expected to side of apparatus law doing eradication in this prostitution doing an injustice so that remain to undergo each;every regulation of applicable law. second, the needing of like agency enforcer of coherent law and dare to fight against prostitution doing an injustice, Third, the needing of facility rehabilitate and enableness of prostitute, it self prostitution consumer and pimp.Keyword: Enforcement - Law – Prostitute
PELANGGARAN PENGATURAN PRINSIP MIRANDA RULE DALAM HUKUM ACARA PIDANA INDONESIA SITORUS, FINTA RIRIS; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Miranda Rule is a rule to manage about the suspect rights before investigation by police. Miranda rule consist from the right to silence, because everything what the suspect said can damning in court. The right to get the lawyer to defend the suspect right, and if the suspect not competent, so the suspect can get the lawyer by the government. But, in fact the suspect never directly get notified about the right and the police looks like ignore the suspect rights especially the rights to silence.In this case, related to violation principle of miranda rule in Indonesia criminal justice system, the effect violation principle of miranda rule and prevention principle of miranda rule. The purpose of this thesis, First, violation principle of miranda rule in Indonesia criminal justice system and the effect to the violation principle of miranda rule. Second, the prevention principle of miranda rule in Indonesia criminal justice system. The type of this research be classified as normative research, because this research review the violation principle of miranda rule based on the applicable regulation. The data based on secondary data, and the collecting data technical in this research consist of library research study case.There are two main idea can be resumed. First, there are many violation principle of miranda rule from investigation until to the court. This rule always broke by investigator and prosecutor that effect the arresting is illegal and the investigation announcement not to be valid. So, prosecution process can not be accept, include the accusation because it was arrange by the invalid investigation announcement. It means the suspect must be released from the prison. Second, the prevention violation principle of miranda rule can be minimize by maximize the human resources quality in principle of miranda rule establishment so the police can understanding how to implementation principle of miranda rule in fact. The author suggestion, First, there are need to explain the principle of miranda rule in Indonesi criminal justice system and other rule, and giving a strict sanctions for everything violation principle o miranda rule. Second, there are need to maximize the profesional of law agency by maximize the education quality, especially for founding and training in law aspect.Keywords: Miranda Rule, The Right to Silence, Criminal Justice System
PELAKSANAAN PENEGAKAN HUKUM PEMBERANTASAN TINDAK PIDANA PEREDARAN NARKOTIKA DI WILAYAH HUKUM POLISI RESOR KOTA BARELANG BATAM Agustino, Reza; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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The more widespread development of narcotic crime in Indonesia is very alarming for the nation's next, and so is the province of North Sumatra, Batam city its special. Therefore, the government's efforts are essential to eradicate narcotic crime because, criminal offenses are transnational narcotics has been undertaken using the modus operandi is very high, sophisticated technology, supported by a vast network of organizations.
TINJAUAN YURIDIS TERHADAP PENCABUTAN HAK POLITIK BAGI TERPIDANA KORUPSI DI INDONESIA MUHAROSA, HALIVA; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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In Indonesia, corruption has been increasingly practiced and even spread into all aspects of life either at the local or central levels. Corruption is called a crime for humanity because its practice has resulted in people’s poverty and suffering. During habibie’s administration, the attempt to fight corruption had been realized in the juridicial framework trought the issuance of Law No. 31/1999 on Eliminating Corruption Criminal Act replacing Law No. 3/ 1971 on Eliminating Corruption Criminal Act and then it was replaced again with Law No.20/2001 on the amendment of Law No. 31/1999 on Eliminating Corruption Criminal Act.This paper raised several issues relating to Overview Juridical against Revocation Political Rights for Convicted of Corruption in Indonesia, which is about the urgency Revocation Political Rights Against Convicted of Corruption in combating Corruption in Indonesia, and Application of Criminal Supplementary Revocation Political Rights in efforts to combat criminal offenses Corruption in Indonesia. The method used in this research is normative. Normative research method is also known as doctrinal research is a study to analyze the good law is written in the book, as well as law decided by the judge through court proceedings.Overview Juridical Against Against Revocation Political Rights for Convicted of Corruption in Indonesia in efforts to combat Corruption in Indonesia, is still considered very important penjatuhannya against perpetrators of Corruption Act, the enactment of the Criminal Supplementary Revocation Political Rights is basically aimed to scare - scare and provide a deterrent effect against corruption, so that people - those who had intended to corruption be afraid to do so, especially when considering that Indonesia is the most corrupt countries in the world, the application of the criminal had to be firm, but remains selective and liver - liver. The right to vote and be elected to public office is one part of human rights, remove, eliminate or negate the rights of citizens as a whole even though through the verdict is a violation of human rights.Key Words: Corruption, Criminal Supplementary Revocation Political Rights, Human rights.
KEPASTIAN HUKUM DALAM PROSES PERADILAN ATAS DUA LAPORAN PERBUATAN PIDANA YANG BERBEDA DALAM PERISTIWA YANG SAMA OLEH PENGADILAN Hasibuan, Riski Wandy; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The Republic of Indonesia is a constitutional state based on Pancasila and the Constitution of 1945 by upholding moral values, ethics, character, and personality noble nation, faith, and fear of God Almighty, respecting diversity in social life, nation and the state, as well as to protect the dignity of every citizen. State law rests on keyakinanan that state power must be run on the basis of fair and good law. The purpose of the law of the state is able to create comfort and order in the society, but it is also the most substantial legal purpose is to promote justice in society and the creation of legal certainty and expediency. From the above results of the exposure, the authors are interested in discussing Rule of Law in Judicial Proceedings Top Two Different Report of Criminal Acts in the same incident by the Court.The purpose of this study was to determine the legal certainty in issues involving Yuli Rahmawati persecution and Murya Supreme Goddess and legal safeguards for citizens against state tyranny.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 diseimpulkan deductively.Legal certainty in criminal court ruling that gave birth to two people convicted basically not run well as what to expect countries that have declared themselves as a state based on law. Legal certainty means a country's legal system capable of guaranteeing the rights and obligations of every citizen. And then known as crimen crimen sine lege principle, which is the goal provide legal protection for citizens against state tyranny. Because the essence of the rule of law is a matter of protection of acts of arbitrariness. To ensure legal certainty there should be codified, which is the effort to record the written regulations are still separated into a book systematically. The main purpose is to abolish laws that are outside the statute books with the aim to achieve a maximum of legal certainty in the community. And to achieve the goals of criminal procedural law is that it can find the real truth of the material.Keywords: State, Law, Legal Certainty
PENYIDIKAN TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN LUKA DI WILAYAH HUKUM KEPOLISIAN SEKTOR MANDAU Nurmala, Sari; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The probe is to be discussed is the author of the investigation of criminal persecution that causes sores, which consists of minor injuries and severe injuries. Persecution is an act committed intentionally that causes an uneasy feeling, pain, or injury to another person's body. In the jurisdiction of Police Sector Saber persecution crime very rife, it is apparent in the level of complaints in the annual report. The purpose of this thesis, namely: first, to know the process of investigation of criminal persecution that causes sores in the Police Sector Saber, both to determine the causes of the slow process of investigation of criminal persecution that causes sores in the Police Sector Saber, third to find out the settings right of refusal Member Indonesian National Police in the case of criminal acts of persecution that causes sores in the Police Sector Saber.This type of research can be classified in this type of sociological research, because this research author 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 District Saber Bengkalis Riau Province, while the sample population is a whole party with regard to the issues examined in this study, the data source used primary data and secondary data, data collection techniques in this study with interviews, questionnaires and the study of literature.From the research, there are three main things that can be inferred. First, the process of investigation of criminal persecution that cause injuries have not been implemented optimally and proven by many cases are not resolved in accordance with applicable law. Second, the causes of the slow process of investigation of criminal persecution that causes sores that police officers do not pay attention and did not complete a good job in carrying out its responsibilities, and their law enforcement officers handling the case to generate a conflict of interest. Third, setting right of refusal Members of the Indonesian Police were violated by the police. Advice writer, first, the police must continue to improve its performance in dealing with any cases. Second, improving the quality of police personnel should be done with the best. Third, members of the police should pay more attention and carry out their duties and obligations in accordance with the Code of Professional Ethics of the Indonesian Police and the Disciplinary Code Members of the Indonesian Police in solving criminal cases of persecution that causes sores in the district of Saber.Keywords: Investigation - Crime - Persecution - Injury
TINJAUAN YURIDIS TERHADAP PENERAPAN PASAL 5 UNDANGUNDANG NOMOR 15 TAHUN 2002 TENTANG PENCUCIAN UANG DALAM PENETAPAN TERSANGKA EDDIES ADELIA Andri Siburian, Tedi Franggoes; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The problem of money laundering in Indonesia is no longer a new problemin matters of law and economics. Its growth continues to increase from year toyear, Quality Money Laundering done more neatly and systematically not onlythreatens the stability and integrity of the economic system and the financialsystem, but also can harm the joints of the life of society, nation and state.Development of anti-money laundering regime in Indonesia that began since theadoption of the Law of the Republic of Indonesia Number 15 Year 2002 on MoneyLaundering as amended by Act of the Republic of Indonesia Number 25 of 2003and the last by Law of the Republic of Indonesia Number 8 Year 2010 onPreventing and Combating Money Laundering. One example is the case of moneylaundering Eddies Adelia Artist of money alleged corruption committed by herhusband Ferry Setiawan. Purpose of this study, namely: the first to determine thechronology of the case Eddies Adelia, secondly, to determine the criminalresponsibility of the wife in money laundering.This type of research is a normative legal research, the study of theprinciples of law that starts from certain areas of the rule of law. Analysisconducted in this study is qualitative analysis to draw conclusions deductively iedrawing conclusions from things that are common to the things that are special.The survey results revealed that the chronological case begins EddiesAdelia set as suspect cases of money laundering. He allegedly received fundsamounting to Rp 1,000,000,000.00 (one billion dollars) as many as 10 times amonth, the fund flow from her husband's Ferry Setiawan, suspected cases offraud, embezzlement, and money laundering, with a mode of investment fundsrelated to the procurement of coal. Police investigators suspect the flow of fundswas the result of a crime Ferry Setiawan given to his wife. Eddies Adelia chargedunder Article 5 of Law No. 15 of 2002 on money laundering with a maximumpenalty of 5 years in prison and a maximum fine of Rp 1,000,000,000.00 (onebillion dollars) to account for his actions.Keywords: Application-Article- criminal act-money laundering
PERANAN KEPOLISIAN DALAM MENANGANI TINDAK PIDANA PELECEHAN SEKSUAL TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN SEKTOR MANDAU-DURI ', Boentor; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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State has aspirations to realize peace and protection for its citizens. The statealso gives attention to the next generation so that the ideals of the nation can continue torun until the future. Kids are the future generation, which must be protected and beacknowledged, but as in the development and advancement of technology, crime evolved.One of them is the crime of sexual abuse committed against children. Sexual harassmentis a crime falling within the scope of lust. In this case the sexual abuse of children is acrime that is included in the scope of lust in which the victim is a child. In the case toprotect it formed the Police institution that aims to protect, shelter, and serve the public.The role of police is needed to be able to suppress the rate of development and combatingsexual abuse crimes committed against children.Sexual abuse crimes against children continues to increase, which in turn makeparents worry. The government then took steps to create new legislation that renews theold legislation, namely; Act 35 of 2014 on the "Amendment Act No. 23 of 2002 on ChildProtection". Police Institute to further improve its performance aided by KPAI(Indonesian Child Protection Commission), as well as P2TP2A (Integrated ServiceCenter for Protection of Women and Children), yet these crimes still occur and become aproblem that has always seized and attract the attention of public in Indonesia.Keywords: Child - Sexual Harassment – Police
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