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', Erdiansyah
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN ANAK SEBAGAI KORBAN INCEST DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Khairul, Muhammad; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

One form of the type of sexual crimes affecting children as victims is that intercourse with someone who still have blood relations (incest) are usually largely prosecuted are children. There have been many cases of incest that happens, but very limited (few) are revealed, because this case is regarded as a family disgrace. Known to the general public if the family concerned will cause the embarrassment in social life society. Therefore incest is very little that is to report to the authorities.The research objective of this thesis, namely; First, to determine the legal protection of children as victims of incest in the laws and regulations in Indonesia. Second, to determine the factors behind the ineffectiveness of the legal protection of children as victims of incest. This type of research is the author of normative legal research or known by the term legal research.From the research, there are two fundamental problems that can be inferred. First, the legislation was not found understanding of the biological child victims. So does this impact the equation of handling specific to children as victims either from his own family (biological children) with children outside the family (children of others), which is clearly different from the psychological impact of the crime of rape victims biological children (incest). Second, the factors underlying the ineffectiveness of the legal protection of children as victims of incest is due among other things that the child victims of incest tend to be not open, family considers the incident is a disgrace, environmental and social factors which have not the law to accommodate the interests of victims of incest in maximum. Suggestions Author, First, the President and Parliament as state officials should undertake legal reforms, especially those governing sexual crimes in the family (incest), so that law enforcement and the legal protection do more specialized and specific in handling cases of incest are clearly distinct from the crime sexual usually. Secondly, The high crime rate amongst the people especially sexual violence requires us to perform law enforcement more leverage to perform various prevention efforts, namely the active dissemination of the impact of sexual violence to the perpetrator and the victim to similar crimes are not repeated. And is expected to law enforcement officials, especially judges to be more serious in imposing legal sanctions on perpetrators of incest.Keywords: Incest - biological children - Victims - Relationship Tribe
Tinjauan Yuridis Terhadap Perampasan Aset-Aset Terpidana Korupsi di Indonesia Yulianda, Premita; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Confiscation of assets convicted of corruption in Indonesia, still be the pros and cons. For those who are pro, rightfully convicted assets derived from corruption, it must be cleaned and should be taken quickly before the suspect or defendant may disguise the proceeds of crime and the exclusion of one of the statutory objectives, namely justice. Because considering the number who engage in corruption in Indonesia and corruption is an extraordinary crime. While they are cons, institutions authorized to plunder not see the rights of the suspect or the accused. The purpose of this study, to determine the expropriation of assets settings convicted of corruption in Indonesia, to know the state may seize suspected assets acquired prior to the occurrence of corruption, and to determine the mechanism of execution against the assets of the accused.The purpose of this minithesis, namely: First, to determine the implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires. Second, to determine the constraints faced by the Directorate of Criminal Investigation Special Riau Police in environmental criminal enforcement against perpetrators of forest and land fires, and third, to find out the efforts made by the Special Criminal Investigation Directorate Riau Police to overcome obstacles in the enforcement of criminal law environment against the perpetrators of forest and land fires. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between the legal community.Expropriation of assets settings convicted of corruption provided for in Article 37 paragraph (2) and Article 38 paragraph (2) pursuant to Act No. 31 of 1999 as amended into Law No. 20 of 2001 on Corruption Eradication. Can be seen, that the lack of effective and inefficiency agencies duly authorized to that is to seize assets produced legally. Suggestions author, the first institutions authorized to plunder should really pay attention to the rights of the suspect/defendant, second, Law on Combating Crime Asset fast soon passed, so as not to create a dilemma for the authorities to carry out their duties, and the third, assets that are evident from the crime committed to restore the loss of the country's economy should be described anywhere result of crime assets are allocated.Keywords: Review-juridical-Deprivation-convict Assets-Corruption
PENYIDIKAN TERHADAP TINDAK PIDANA PERAMBAHAN KAWASAN HUTAN CAGAR BIOSFER GIAM SIAK KECIL OLEH KEPOLISIAN RESOR BENGKALIS BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Marsela, Sharah; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the case of encroachment Forest neighborhood Biosphere Reserve Giam Siak Kecil this, the Investigator is the person doing the investigation consisting of officials that the State Police of the Republic of Indonesia (INP) which is divided into official investigators full and investigation authorities helpers, as well as civil servants particular by special authority of the law. The case of encroachment of forest land biosphere reserve is done by the village Government-owned land sold to people to buy the land with the intention to expand the village.From the research there are three main issues that can be inferred. First, the Crime Investigation Encroachment Against Forest Region Biosphere Reserve Giam Siak Kecil By Police Bengkalis has not done effectively, because there are many cases of forest fires and encroachment of forest areas Cgar Giam Siak Kecil Biosphere in Bengkalis. Second, barriers experienced by Police Bengkalis is terkendalanya with mapping experts, lack of personnel and budget to the investigation. Third, efforts made to deal with cases of encroachment of Forest Areas Biosphere Reserves Giam Siak Kecil by the formation of a special team for the investigation of the case in the field of forestry and their budget from the Government. Advice writer, First, To Police Bengkalis Particularly in the field of Criminal Sat Tipiter in order to realize the environmental crime law enforcement, are expected to always be consistent and always improve deficiencies in its function as law enforcement officers were repressive. So that law enforcement action against the perpetrators of encroachment of forest areas Biosphere Reserve Giam Siak Kecil and burning the land can be treated with the maximum and no more cases of forest fires in Bengkalis, Second, in the implementation of the investigations conducted by the investigator Police Bengkalis with civil servants must cooperated well in order to expedite the completion of the investigation, and the government also should create a budget for an investigation, the Third, the Importance formed a special team for an investigation because more personnel will speed up the investigation process so that performance is more leverage and focused.Keywords: Investigation - Crime - Giam Siak Kecil Biosphere Reserves
PELAKSANAAN PEMENUHAN HAK TERHADAP PERLINDUNGAN SAKSIDALAM TAHAP PENUNTUTAN TINDAK PIDANA KORUPSI OLEHJAKSA PENUNTUT UMUM DI PENGADILANTINDAK PIDANAKORUPSI PADA PENGADILAN NEGERI PEKANBARU Ariska, Rafosa; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Legal protection is a form of service that must be provided by the government to provide security to every citizen. The purpose of this thesis namely; First, to determine the implementation of the fulfillment of the right to the protection of witnesses in the stage of prosecution of corruption by the public prosecutor at the Corruption Court in the District Court Pekanbaru, second, to determine the barriers faced by the public prosecutor in the implementation of the fulfillment of the right to the protection of witnesses in stages prosecution at the Corruption Court in Pekanbaru District Court, Third, to know the efforts made by the prosecution in overcoming barriers to implementation of the fulfillment of the rights protection of witnesses in the prosecution phase at the Corruption Court in the District Court of Pekanbaru.In research there are three main things that can be inferred. First, the implementation of the fulfillment of the right to the protection of witnesses in the prosecution phase of criminal acts of corruption by the public prosecutor at the court of corruption in the District Court Pekanbaru not running optimally. Second, the barriers faced by the Prosecution in the implementation of the fulfillment of the rights of witnesses in the stage of prosecution of corruption in the corruption court in the District Court Pekanbaru is the lack of budget prosecutor, the weak performance of the Agency, and the lack of public knowledge, Third, efforts made by the Prosecutor general in overcoming obstacles to the implementation of the fulfillment of the right to the protection of witnesses is to increase the budget of the prosecutor, improving the performance of the Agency, and to increase public knowledge. Suggestions Writer, first, to the government to consider an increase in the budget cost of the prosecutor, Second, to establish the Agency representative in the region, Third, increase public knowledge about the rights of witnesses.Keywords: Protection - Witness – Corruption
Tinjauan Yuridis Pemidanaan Anak Oleh Hakim Pengadilan Negeri Pekanbaru Anlapater, Rizki; R, Mukhlis; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Children as perpetrators of crime are also subject to criminal sanctions inside or outside depending on the section of the Criminal Code which laws were violated , not only adults but children under the age when they have been able to take responsibility for his actions then remain subject to criminal sanctions as well as adults , except for children in the general rules of the Criminal Code for the child minus 1/3 ( one third ) of the criminal penalty for adults , and after the special rules that Law No. 3 of 1997 on Juvenile Justice , the reduced ½ ( half ) of the criminal threat to people adult . Regarding sanctions on children in Act No. 3 of 1997 on Juvenile Justice , is determined by the difference of age children , the treatment distinction based on the growth and development of the physical , mental and social development , in this case an attempt is certainly much needed by decision makers in terms of this judge to carry out punishment against children. The purpose of this thesis , namely : First , criminalization children in positive law in Indonesia , Second , judicial consideration of the sentencing decision of the child by the District Court of Pekanbaru , Third , the weakness of the ruling consideration in sentencing judge in the District Court of Child in Pekanbaru.This type of research can be classified types as normative legal research. In this particular case the judge in rendering a verdict against the criminalization of children in positive law in Indonesia . This study is descriptive, the source data used secondary data consisting of primary legal materials, legal materials and legal materials tertiary secondary, data collection techniques in this study with the literature study methods or documentary studies, after the data is collected and analyzed for the conclusions drawn.From the research we can concluded that, first, Punishment of Children in Positive Law in Indonesia based on the applicable law, namely Law No. 3 of 1997 on the Juvenile Court to set punishment can only be imposed brat or criminal action, and form the subject of criminal and additional criminal. Second, the imposition of Criminal Justice Considerations in Case of Child Jurisdiction Court of Pekanbaru is divided into 2 ( two ), First juridical considerations, Second, non juridical considerations. Third , weakness of Considerations Against Judge In Child Punishment Decision on Jurisdiction Court of Pekanbaru, among others : First , Judge Children who handle juvenile criminal cases. Second : the decision of sentencing by the judge is more likely to judicial consideration. Third, defendant during the sentencing decision of the trial court judge Pekanbaru children not accompanied by Legal Counsel. Fourth, in consideration of the decision in terms of the Child Justice Act did not include No. 23 of 2002 on Child Protection. Keywords : Punishment - Children - Judge - District Court
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN EKSPLOITASI SEKS KOMERSIAL ANAK DI KEPOLISIAN SEKTOR TENAYAN RAYA KOTA PEKANBARU Destanesia, Annisa; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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One type of sexual crime that afflicts children is the commercial sexual exploitation of children, children to work as commercial sex workers to benefit as a livelihood. Have been many cases of sexual exploitation of children is happening, but very limited (few) are revealed, this is because most of the children who are victims of tough questioning and tend to shut down (shame).The research objective of this thesis, namely; First, to determine the legal protection of children as victims of commercial sexual exploitation of children in the Police Sector Tenayan Raya Pekanbaru. Second, to determine the constraints in providing legal protection of children as victims of commercial sexual exploitation of children Tenayan Police Sector Raya Pekanbaru. Third, to know the effort in overcoming obstacles in providing legal protection for children as victims of commercial sexual exploitation of children in the Police Sector Tenayan Raya Pekanbaru. This type of research is sociological research, studies show the unity between law and society with the gap between das sollen and das sein.From the research, there are three basic conclusions. First, the legal protection of children as victims of commercial sexual exploitation of children has not been effective, because of the punishment meted out to the perpetrators did not provide a deterrent effect so that these crimes continue to happen until now. Second, the constraints experienced by the Police in providing legal protection, among others, the lack of reports from the public, the victim tough questioning and the unavailability of special detention room of children and women in the Police Sector Tenayan Raya Pekanbaru. Third, efforts to overcome the obstacles in the police, among others, working together with the community to be willing to provide information about the crime that occurred, increasing the number of active police personnel, in collaboration with child protection agencies. Suggestions Author, First, it is expected that the punishment meted out to the perpetrators can provide a deterrent effect so as to reduce the criminal activity of commercial sexual exploitation of children. Secondly, it is expected that the Police Sector Tenayan Raya Pekanbaru can cooperate with society to provide information about the crime that happened. Thirdly, it is expected that the efforts made by the police and Child Protection Institution can run optimally and as expected.Keywords: Legal Protection - Children - Sexual Exploitation Commercial
Penyelesaian Tindak Pidana Kekerasan Dalam Rumah Tangga Berdasarkan Restorative Justice oleh Kepolisian Sektor Kandis Nadya, Irvani; ', Erdiansyah; Firdaus, Emilda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The completion of the crime of domestic violence based restorative justice is a necessary settlement. Restorative justice considers that a crime is a violation of people and relationships between citizens. The violations create obligations. In restorative justice justice includes victims, offenders and community members in an attempt to put everything correctly. This type of research can be classified into types of juridical sociological research, because in this study the authors directly conduct research on locations or places studied in order to give a complete and clear picture of the problems examined. This research was conducted in the Police Sector Kandis, while population and sample of this research is the police chief, Assistant Investigator, perpetrators and victims of domestic violence. Source of data used are primary data and secondary data and data collection techniques used interviews, questionnaires, and literature study. From the results of this study concluded that, first, the completion of the crime of domestic violence based on restorative justice by police Kandis sector, namely: that the application of Restorative Justice model of criminal acts against cases of domestic violence by the police Kandis sector in the system have described the application of Restorative models Justice namely in the form of implementation of the Alternative Dispute Resolution (ADR) in dealing with the crime of domestic violence, where ADR is a manifestation and implementation of models of Restorative Justice. Second, obstacles in solving the crime of domestic violence based on restorative justice by police Kandis sector, namely: where parties who are victims of violence is difficult to be consulted to achieve consensus and difficult to compromise. And also the perpetrators feel better punished and put in jail than have to come to terms with the victim. Third, efforts are being made to overcome the obstacles in solving the crime of domestic violence based on restorative justice by police Kandis sectors namely: the role of the police is required in order to be a good mediator violence cases can be resolved by peaceful means. First author's suggestion Police should improve and maximize its performance in order to implement the protection of the rights of victims of domestic violence. Secondly, in overcoming barriers Party who are victims of violence is difficult to be consulted to achieve consensus and difficult to compromise. The third attempt was made, investigators or the police can provide insight to the victim or the perpetrator of the road that should be taken to resolve cases of domestic violence. Keywords: Settlement - a criminal offense - violence - domestic - restorative justice
Peranan Penyidik Kepolisian Republik Indonesia Dalam Mengungkap Tindak Pidana Penipuan Penempelan Nomor Call Center Palsu Pada ATM di Wilayah Hukum Kepolisian Sektor Tampan Pekanbaru Ferdian, Wan Gilang; Effendi, Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Indonesian National Police is the law enforcement institutions, in accordance with the basic tasks set out in the Police Act No. 2 of 2002 on the Indonesian National Police, namely as protector, steward and law enforcement. In this advanced era, make payments through online transactions or credit card is considered safer and easier than having to bother carrying cash because of the risk being robbed. But credit or debit cards are also not free from the threat of crime. Cases which the author adopted in this study is about a fraud case with the mode of attachment of the fake call center number at the ATM machine.Based on case data that was obtained from the Police Sector Tampan on crimes committed on the ATM machine in the District Tampan, that in 2015 there were 6 cases. as well as the number of cases is increasing in the last three years. In this case relates to the role of the police investigator republic of Indonesia in exposing criminal fraud attachment Call Center number at an ATM in the jurisdiction of the Police Sector Tampan Pekanbaru City. The purpose of this thesis, namely First, Role Investigator Police of the Republic of Indonesia in exposing criminal fraud attachment of a number of false call centers at the ATM in Jurisdiction Police Sector Tampan Pekanbaru, two barriers in exposing Crime Fraud Adherence Number Call Center Fraud at ATMs in the jurisdiction Tampan Pekanbaru Police Sector, Third efforts to overcome obstacles in uncovering Crime Fraud Call Center Number Adherence to the ATM in the jurisdiction of Police Sector Tampan Pekanbaru.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point studied to provide complete and clear picture of the issues examined. This research was conducted in the Police Sector Tampan ,Pekanbaru city, while the sample population is a whole party with regard to the issues examined in this study, the data source used the primary data, secondary data, and the data tertiary, data collection techniques in this research with questionnaires, interviews, and review of the literature.From the research there are three main issues that can be inferred. First, in exposing criminal fraud pasting fake call center number at an ATM, the investigator takes the role and concern of the community as well as in terms of security officers thus simplifying the process of inquiry and investigation. Second, the barriers faced by sector police Tampan Pekanbaru in exposing criminal fraud fake call center there are two (2) factors, internal factors and external factors. Third, efforts made by the Police Sector Tampan Pekanbaru in exposing criminal fraud call center number of false attachment has two attempts namely through the preventive and repressive efforts. Suggestions Author, First, The investigator should coordinate with the banks to add security cameras in every corner of the location of the ATM machine that can record all the activities people perform transactions at ATMs or other activities. Secondly, To the ATM card users should always keep the number of complaints given by the bank to be stored in the phone.Keywords: Role – Criminal Act - Fraud
Co-Authors ', Erdianto ', Firdaus Abdillah, Muhammad Fadil Ananta, Bella Andi Matias Giovani Barutu Annisa, Fitri Ariadi Mandala Putra Ariska, Rafosa Beauty. M, Conny Bobby Ferly Buana, Kelbi Fadila Destanesia, Annisa Dodi Haryono Dondy Permana Putra, Dondy Permana Elfrida, Eisabet Sri Emilda Firdaus Erdianto Effendi Febby Rahmad Reha, Febby Rahmad Ferdian, Wan Gilang Fitri Ramadani Ginting, Jonta H, PATAR ALEXANDER Haq, Dara Jayanita Hardianti N, Ririn Hasan Basri Indra Haposan Irvani Nadya, Irvani Jhon Tua Kalfin Saputra Simanjuntak Lamtiar Silaban Marsela, Sharah Mexsasai Indra Muhammad Khairul Mukhlis R Nidya, Dea Perancis Sihite, Perancis Premita Yulianda Purwitosari, Dyah Purwoko, Agus Reza Agustino Rido Tri Sandi Rambe, Rido Tri Riduan Z Rika Lestari Rini, Devi Seftia Rita Wati, Rita Rizki Anlapater safrudin - Sania, Ayu Santi Sirait Setio, Heri Anjar Singgih Warsito Kurniawan SIRINGORINGO, JASTIN MIKSONDES Situmeang, Melisa Syaifullah Yophi Ardiyanto Tri Novianti, Tri Tuffemili, Freddy