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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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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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.

TINJAUAN YURIDIS PENINJAUAN KEMBALI LEBIH DARI SEKALI DIKAITKAN DENGAN UPAYA PERLINDUNGAN TERHADAP HAK TERPIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014 TENTANG PENGAJUAN PERMOHONAN PENINJAUAN KEMBALI DALAM PERKARA PIDANA Situmeang, Melisa; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Reconsideration is a remedy that can be taken by the convict in a case of law against a decision of a court that has permanent legal force in the judicial system in Indonesia . Reconsideration categorized as an extraordinary legal remedy because it has the privilege, meaning that it can be used to reopen a court decision which has had permanent legal force. Thus the institution Reconsideration is a remedy that is used to retract or reject the judge's decision has had permanent legal force. Mary Jane Veloso a drug kingpin arrested for carrying 2.6 kg of heroin in Yogyakarta, on March 25, 2015 Mary Jane file a judicial review through the Sleman District Court but was rejected. However, the Review that Mary Jane make a schedule execution pending death. Then, Mary Jane file a Reconsideration second, but immediately rejected. The reason for rejection of the Supreme Court because it does not find new Novum.This type of research is classified in normative law research using the method of assessment literature or documentary study, the author quotes from books, literature, or book support, which has links with the problems to be studied. The data used primary legal materials, secondary law and tertiary legal materials.From the research problem there are five things that can be inferred. First, provisions prohibiting judicial review more than once not only found in the Code of Criminal Procedure but also in other regulations such as the Law on Judicial Power and the Law on the Supreme Court. second, a growing number of reconsideration is granted by the Supreme court, indicates that the court decision a lot wrong, make mistakes and wrong. Third, for reasons of legal certainty and justice. Fourth, the absence of restrictions on the filing of a judicial review will have implications for the possibility of flooding case reconsideration . Fifth, Novum Ideal requirements that can be submitted as evidence in a judicial review more than once that the new witnesses, new information, new evidence, a major role of judges, and should be tolled in the legislation.Suggestions author, the terms of the petition filing Reconsideration should be clarified, so as not to cause more mistakes than those who want to apply for a judicial review and determine the qualifications Novum described in detail with examples Novum-novum or new circumstances in the verdict Reconsideration ,Keywords: Reconsideration - Convicts Rights - Supreme Court Circular

PERANAN UNIT RESERSE KRIMINAL DALAM MENGUNGKAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR BUKIT RAYA Silaban, Lamtiar; Lestari, Rika; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The increasing amount of crime that happens, especially the crime of theft by weighting in the jurisdiction of the Police Sector Bukit Raya, padatahun 2011-2012, has caused unrest in the society. Though the police as law enforcement agencies in carrying out their duties remain subject to and comply with the duties and authority as stipulated in Law No. 2 of 2002 on the Police to maintain security and public order, enforce the law and provide protection, guidance, and service to the community. In this case the role of the Criminal Investigation Unit had not been optimal. This is because there are still many obstacles faced by the Criminal Investigation Unit.This type of research is empirical juridical research, 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.From the research, there are three main problems that can be inferred. The first role of the Police Criminal Investigation Unit investigators Bukit Raya sector in exposing the crime of theft by weighting has not run optimally, this is because there are some in practice. The second obstacle faced by the Criminal Investigation Unit of the Police Sector Bukit Raya in exposing the crime of theft by weighting, is as follows, the first factor means and inadequate infrastructures, both public factors, the absence of a third suspect or the difficulty of disclosure of evidence the crime of theft by weighting has been undermined because he suspects fled the scene as well. Third Efforts are being made to overcome the barriers faced by the Criminal Investigation Unit of the Police Sector Bukit Raya in exposing the crime of theft by weighting is as follows, look for alternative facilities and infrastructure are inadequate, entered into a collaboration with the community through legal counseling, manufacture and conduct patrolling post patrols in crime-prone areas, as well as publishes wanted list. Advice Author, First, The Role of the Criminal Investigation Unit of the Police Sector Bukit Raya in uncovering criminal acts, especially the crime of theft by weighting, should be further enhanced, the Second, To the government, particularly the Indonesian National Police investigation budget to increase the number of facilities and infrastructure required by Sector Police Criminal Investigation Unit Bukit Raya, Third, need to improve public awareness of the law.

PERLINDUNGAN HUKUM HAK ANAK SEBAGAI KORBAN EKSPLOITASI EKONOMI DALAM PERSPEKTIF HUKUM PIDANA DI INDONESIA DIKAITKAN DENGAN HUKUM ISLAM Rini, Devi Seftia; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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By universal child has the human rights protected by law, even effectivesince the child in the womb Because they are entitled to legal protection for allthe activities that lead to growth and development in the future. Problems ofeconomic exploitation of children is influenced by poverty, lack of education,availability of employment, as well as the patriarchal culture. Based on the datafrom the Bureau of Criminal Investigation Police of the Republic of Indonesia in2011 to 2013 types pekejaan that exploits the Reviews largest commercial sexualexploitation of children as many as 205 cases, as many as 213 cases of economicexploitation.This type of research is a normative legal research writer. Normative legalresearch legal research is doctrinaire, Also Referred to as a research library orstudy documents dititk emphasis on secondary data. Data collection techniques inthis research is the study of literature, the author quotes from books, literature, orsupporting books Relating to the issues to be studied. In writing this essay, theauthor uses descriptive analysis (descriptive analisys) the which aims to provide adescription of the subject of the research is based on Data Obtained from thestudied subject.The results of this thesis research, legal protection for children can beinterpreted any attempt legal protection of the freedoms and rights of children aswell as the various interests related to child welfare. In Islam explained that Islamin protecting or maintaining the descent, not to get wasted, do didustakan and notfalsified. Received legal sanction perpetrators of economic exploitation ofchildren, shall be punished with Imprisonment of ten (10) years and / or a fine ofnot more Rp.200.000.000,00 (two hundred million rupiah). In Islamic law, if anact or prohibition is not stipulated in the legal provisions stipulated in the texts ofthe Quran and al-Hadith (had) the act or the legal prohibition stipulated in ta'zir.Suggestions in this thesis research, need to be made regulation more detailedregarding the protection of children as victims of economic exploitation, BecauseThe rights of children are robbed not necessarily be Returned so expect to be-ableto the make rules and services on the restoration of the rights of children afterbecoming victims of economic exploitation and the changes in the Law on theProtection of children in the provisions on sanctions has not changed.Keywords: Economic Exploitation - Children Protection – The Rights of Children

PELAKSANAAN KOORDINASI INTERNAL KEPOLISIAN RESOR KAMPAR DENGAN POLRESTA PEKANBARU DALAM PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN BERDASARKAN PERATURAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 18 TAHUN 2014 TENTANG TATA CARA PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN H, PATAR ALEXANDER; ', Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Police Notes Certificate is officially given by the police to an individual citizen is concerned for the sake of fulfilling a request for such a purpose because of the prerequisite conditions based on the results of antecedents that person.That the Police Notes can take precautions against citizens ever committing a crime and facilitate the police in uncovering the incident or crime through the person's record notes. Then the execution of internal coordination within the agency and outside the region in agencies as well as with other agencies is needed in order to realize the internal security .In fact Execution in Kampar district police to Pekanbaru Police have not been able to run well purpose of this thesis is to find out; First, how the Implementation Coordination of Internal Police in Kampar to Pekanbaru Police Police Notes issuance. Secondly, what the Implementation Coordination constraints faced by Kampar district police in Publishing Pekanbaru Police Police Notes, Third, efforts to overcome the Implementation Coordination is not running and address of the Breach Publishing Police Notes. This research used kind of research Yuridis sosiologis that is seen by correlation between law and society. This research is done in society organization class II A pekanbaru, meanwhile population and sample is all of sides that relate with the problem that is researched. In this research, the source of data is used primer data, sekundar data and tertier data, technique for collecting the data in this research are interview, literature, and questioner From the research , there are three main things that can be concluded first , that the implementation of the Police Coordination Kampar and Pekanbaru Police are still not operating effectively . It started from the mechanism used and existing resources in Intelkam . Secondly, the obstacle in the implementation of the Coordination namely Infrastructures . Third , efforts to overcome the Implementation Coordination overcome are not going to make changes in the implementation mechanisms of publication , to evaluate the performance of the police , residents of the community to update the data every month , Improved Coordination of Internal and External .Keywords: Implementation - Internal Coordination - Publishing SKCK

PELAKSANAAN PENYIDIKAN OLEH KEJAKSAAN TINGGI RIAU DALAM PERKARA TINDAK PIDANA KORUPSI TERHADAP KERUGIAN KEUANGAN NEGARA Novianti, Tri; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Indonesia is one of country with a number of corruption cases which is quite a lot. Literally corruption is something rotten , evil and destructive. Cases of corruption are generally difficult to describe because the perpetrators use sophisticated equipment and are usually carried out more than one person in a state of covert and organized. Such criminal acts in general , corruption is also through the completion of the investigation in the case. In the Criminal Code provisions that the prosecutor could not explain investigator. However , the corruption prosecutors are empowered to become investigators and investigate a case of alleged corruption .In the cases crime of corruption are the provision of Article 25 of Law No. 31 of 1999 on Corruption Eradication in which the core of the article is "against all corruption cases, including the completion of an investigation, take precedence over other cases to completion as soon as possible". But the reality in the field, corruption is always long in the process of completion . Implementation of the corruption investigation conducted by the prosecutor as investigator will experience problems in conducting the investigation. Not all investigations proceed smoothly and in accordance with the procedures and regulations, related to its duties and powers as corruption investigator.Key Words: Investigation – Criminal - Corruption

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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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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

TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA KORUPSI (STUDI KASUS PERKARA NOMOR 21/PID.SUS- TPK/2015/PN.PBR DENGAN PERKARA NOMOR 26/PID.SUS- TPK/2015/PN.PBR) Beauty. M, Conny; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Corruption is an act done with the intent to provide an advantage that is not authorized by the rights of others wrongfully using his or her character to gain an advantage for himself or others. Impact of Corruption This may endanger the stability and security of societies, endanger the socio-economic development, and also political, as well as damage to democratic values and morality as slowly deeds is like to be a cultural as well as threats to the ideals of society towards a fair and prosperous. The purpose of this thesis, namely: First, to know the verdict against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR , Secondly, To know the basic legal consideration of judges in imposing criminal penalties against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR.This type of research used in the study of law is normative legal research, descriptive study, a study that aims to create a picture of the problems clearly and in detail. Source of data used secondary data consists of primary legal materials, secondary law, and tertiary legal materials. Data collection techniques in this study with a literature study method, after the data is collected and analyzed to be deduced. From the results of research and discussion can be concluded that, First, That the verdict against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN. PBR is still using the mindset of legal positivism and rarely found a judge who follows the way of thinking non-positivistic in deciding the case, wherein the case includes an extraordinary crime which negatively impact our nation and state, tend to interpret the law narrowly (textual) and still oriented judges are pragmatic. Thus, new construction mindset of judges based progressive law is needed judges in the process of deciding the corruption cases in order to become a judge idealistic as well as the realization of the purpose of law and the Law on Corruption. Second, Basic legal considerations of judges in imposing criminal penalties against perpetrators of corruption in Case No. 21 / PID.SUS-TPK / 2015 / PN.PBR Case Number 26 / PID.SUS-TPK / 2015 / PN.PBR by using juridical considerations, considerations of a non juridical and matters aggravating and mitigating matters criminal. In deciding against criminal judges tend to use more of juridical considerations than non juridical considerations.Keywords: Verdict Judge - Crime â€“ Corruption

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
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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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.

ANALISIS YURIDIS PENGATURAN PEMISAHAN BERKAS PERKARA (SPLITSING) BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Annisa, Fitri; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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In the case of the settlement of criminal cases there are arrangements that do not provide legal certainty that leads to multiple interpretations leading to misappropriation. In the case of the formulation of a criminal case becomes one of confusion among law enforcers in particular the separation of the file of the case or Splitsing. Separation of a case file or Splitsing is regulated in Article 142 of the Criminal Procedure Code, namely "In the case of the public prosecutor receiving a case file containing several crimes committed by several suspects not included in Article 141 of the Criminal Procedure Code, the prosecutor may prosecute each Defendants separately. "The arrangement of the split file or Splitsing has not supported the evidentiary system within the criminal justice system. Splitsing arrangements are not strict and do not provide legal certainty so as to cause adverse impacts in particular law enforcement in the case of the compilation of criminal case files of perpetrators of criminal acts for subsequent prosecution. The purpose of this thesis writing is: First, to know whether the arrangement of split file or splitsing case has supported the principle of proof in the criminal justice system, Secondly, to find out the ideal arrangement of split case file or splitsing in the judicial system. This type of research is normative legal research or can be called also research doctrinal law. From the research results of the problem there are two main points that are concluded, First, the arrangement of the separation of the file of the case or the explicit Splitsing is to provide legal certainty in law enforcement and support the evidentiary system in the criminal justice system. Secondly, Article 142 of the Criminal Procedure Code does not provide explicit legal certainty in particular the separation of case files or Splitsing, it is necessary to stipulate explicitly about the splitsing case separation provisions to ensure legal certainty as well as the evidentiary system within the criminal justice system.Keywords: Separation arrangement of a case file or Splitsing-System of Evidence-The Criminal Justice System

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