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Pardede, Rudi
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PENEGAKAN HUKUM TERHADAP PELAKU KEKERASAN FISIK DALAM RUMAH TANGGA Nugraha, Ahmad Angga; Harahap, Irawan; Pardede, Rudi
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1675

Abstract

This includes physical assaults, including actions against minors such as slapping, or more severe acts involving deadly weapons. Furthermore, physical violence may involve hitting, injuring the body with blunt objects, sharp weapons, or other technology-related means (e.g., electricity). The use of violence may cause various injuries such as bruises, stab wounds, lacerations, or even injuries that lead to death. Threats or acts of violence can occur directly, through speech, body language, or indirectly (via letters, phone calls, or third parties) with the intent of using physical force against another person. The purpose of this research is To analyze the enforcement of the law against perpetrators of physical domestic violence based on Law No. 23 of 2004 on the Elimination of Domestic Violence in the jurisdiction of the Pekanbaru Police Resort; To examine the legal process and effectiveness in the handling of physical domestic violence cases; To identify efforts to overcome obstacles in enforcing the law against perpetrators of physical domestic violence in the same jurisdiction. This study employs a sociological legal research method. Based on the research findings, it is known that the enforcement of the law against perpetrators of physical domestic violence in accordance with Law No. 23 of 2004 in the jurisdiction of the Pekanbaru Police Resort has not been running effectively. This is evident from the continued prevalence of domestic violence cases in society. The persistent occurrence of domestic violence reflects the fact that the law has not yet been fully felt by victims—especially women and children, who are most vulnerable to abuse. One of the fundamental underlying issues behind weak law enforcement in domestic violence cases is the strong influence of patriarchal culture embedded in the social structure. In a patriarchal system, men are positioned as the dominant authority in the household, while women are expected to be obedient and submissive.
IMPLEMENTASI PENGELOLAAN BARANG BUKTI TINDAK PIDANA DI WILAYAH HUKUM POLRESTA PEKANBARU Muhardi, Dekky; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1680

Abstract

In the jurisdiction of the Pekanbaru City Police Resort, as part of the Indonesian National Police tasked with maintaining public security and order, the management of criminal evidence should be carried out professionally, transparently, and in accordance with applicable legal provisions, as stipulated in the Indonesian Criminal Procedure Code (KUHAP), the Indonesian Criminal Code (KUHP), and internal police regulations. The purpose of this research is to analyze the implementation of criminal evidence management within the jurisdiction of the Pekanbaru City Police Resort, to examine the obstacles in its implementation, and to explore efforts to overcome these obstacles. The research method used is sociological legal research. Based on the research findings, it is known that the implementation of criminal evidence management in the jurisdiction of the Pekanbaru City Police Resort has not been running as it should. Although the formal procedures for managing evidence have been regulated through procedural law and internal police regulations, in practice, some pieces of evidence are still being stored within individual units rather than in centralized, standardized facilities. The obstacles in implementing evidence management include lack of coordination between investigators and other relevant units involved in the criminal justice process, inadequate infrastructure and storage facilities, and the absence of an optimal internal supervision system over evidence management processes. Efforts to overcome these challenges include strengthening inter-departmental coordination, encouraging the digitization of evidence administration systems, improving physical storage facilities, and pushing for adequate budget allocation from the police institution as well as support from local governments to ensure that evidence storage facilities meet ideal standards. Additionally, enhancing the integrity and professionalism of personnel involved in the management of criminal evidence is also a crucial measure.
LEGAL CERTAINTY IN THE SUSPENSION OF CRIMINAL CASES DUE TO THE EXISTENCE OF CIVIL CASES IN THE LEGAL JURISDICTION OF THE KAMPAR RESORT POLICE Hartono, Wandi; Harahap, Irawan; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.453

Abstract

In the practice of criminal law enforcement in the jurisdiction of the Kampar Resort Police, legal issues often arise when a criminal case overlaps with a civil dispute. For instance, in cases involving alleged fraud or embezzlement, the reported party frequently argues that the matter is essentially a civil issue due to the existence of an agreement or contractual relationship between the parties. In this context, a legal question emerges regarding whether a criminal case may or should be suspended due to an ongoing or unresolved civil case. This situation creates tension between the principles of substantive justice, the doctrine of ultimum remedium in criminal law, and the principle of legal certainty. The objectives of this research are: to analyze legal certainty in the suspension of criminal cases due to the existence of civil cases within the jurisdiction of the Kampar Resort Police; to analyze the obstacles to legal certainty in such suspensions; and to analyze efforts to overcome these obstacles. The method used in this study is sociological legal research. Based on the findings, legal certainty in the suspension of criminal cases due to civil disputes in the Kampar Police jurisdiction has not been properly implemented. This is due to the legal provision that states criminal cases are not bound by civil proceedings. However, in practice, there is inconsistency in the application of this principle. In some instances, the criminal process continues despite ongoing civil litigation, while in others, it is suspended without a clear legal basis aside from the existence of a civil suit. The obstacles to legal certainty in the suspension of criminal cases include the lack of clear regulations and technical guidelines regarding the criteria and limits of suspension, limited protection for investigators' authority in making sensitive legal decisions, and conceptual confusion between criminal and civil matters, compounded by inadequate understanding among law enforcement officers. Efforts to overcome these obstacles include developing an internal policy framework in the form of technical guidelines or Standard Operating Procedures (SOPs) that detail when and under what conditions a criminal case may be suspended due to a civil dispute; the need for careful and well-documented legal assessments by investigators in every suspension process; and the establishment of official regulations or guidelines within the Indonesian National Police explicitly governing the limits and procedures for suspending criminal cases related to civil matters.
PELAKSANAAN PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN PEMBERATAN Meinecky, Ryan; Kadaryanto, Bagio; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1705

Abstract

Qualified Theft refers to theft committed under certain circumstances or using specific methods that make the crime more severe, and therefore subject to harsher penalties than ordinary theft. This involves two or more individuals collaborating in the act of theft, such as jointly taking possessions. The purpose of this research is to analyze the Implementation of Law Enforcement Against the Crime of Qualified Theft in the Jurisdiction of Pekanbaru, to examine the obstacles in its enforcement, and to explore efforts to overcome those obstacles. The method used is sociological legal research. Based on the findings, law enforcement against the crime of qualified theft in Pekanbaru has not been optimally implemented. This is evident from the continued prevalence of aggravated theft cases, such as motorcycle theft, house and business burglaries, and theft from public facilities—often occurring repeatedly and in close timeframes. The high frequency of such crimes reflects a gap between legal enforcement efforts and the reality of criminal activity in the field. Obstacles to effective law enforcement include: Limited human resources compared to the volume of incoming reports each day, The socio-economic background of offenders—typically from lower-income groups with limited education, A lack of strong evidence and minimal technological support in the evidence-gathering process, Social interference from the perpetrator’s environment, including familial pressure on victims to withdraw their reports. Efforts to overcome these challenges involve: Improving the quality of investigations by strengthening human resources and applying digital technology, Enhancing police-community partnerships through initiatives like neighborhood-based police officers, legal education, and community empowerment via communication and coordination forums (FKPM), Optimizing cross-functional coordination and expediting case handling based on the principles of professionalism and proportionality, Reinforcing scientific investigation techniques such as detailed crime scene processing, forensic evidence collection, and utilizing CCTV footage and digital forensics as supporting evidence.
PENERAPAN HUKUM TERHADAP PELAKU PENYEBARAN KONTEN PORNOGRAFI Rizki, Muhammad; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1710

Abstract

Pornography in Indonesia is a serious concern for the government, as the Associated Press once stated that Indonesia could become the next haven for pornography. This is due to the ease with which erotic or sensual images and information can now be downloaded and accessed simply for viewing or enjoyment. Certain individuals have taken advantage of this situation by developing and commercializing pornographic materials. Such content can now be found almost anywhere, with virtually no restrictions on accessing pornographic videos or images. The spread of pornographic content through the internet has become increasingly easy and fast, necessitating firm actions to prevent it. The objective of this study is to analyze the enforcement of the law against individuals who distribute pornographic content under Law No. 44 of 2008 on Pornography (Case Study at the Criminal Investigation Unit of Pekanbaru City Police). Specifically, it aims to examine the obstacles in the implementation of criminal law against the distribution of pornographic content, and to analyze the efforts and solutions to overcome these obstacles under the same law. The research method used is a sociological legal approach. The findings reveal that the enforcement of the law against perpetrators of pornographic content distribution has been carried out by the Criminal Investigation Unit of the Pekanbaru City Police in accordance with the provisions of the Pornography Law and the Law on Electronic Information and Transactions (ITE Law). Legal enforcement involves stages of investigation, inquiry, and case transfer to the prosecution, guided by relevant criminal provisions. However, the enforcement is not yet fully effective, as many cases remain undisclosed or do not proceed to prosecution—particularly those involving distribution through social media and digital applications. The obstacles identified include: difficulties in digital evidence collection due to the use of anonymous accounts and VPNs by perpetrators; limited forensic digital capabilities among law enforcement officers; ambiguous legal norms within the Pornography Law that lead to varied interpretations; and low public awareness regarding the dangers of distributing obscene content. Additional challenges include cultural and psychological barriers that deter victims from reporting, and weak coordination among institutions and digital platform providers in addressing pornographic content. Proposed solutions include: enhancing law enforcement capacity through digital forensic training; harmonizing legal norms to make them clearer and more operational; increasing digital literacy and legal education among the public; and optimizing cooperation between the government and internet service providers. A restorative justice approach can also be considered in certain cases, especially those involving children or adolescents, to ensure that law enforcement remains humane. Furthermore, the establishment of a dedicated cybercrime unit to professionally and sustainably handle digital pornography cases is essential.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL Sistha, Windy Widya; Harahap, Irawan; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1715

Abstract

Sexual harassment is regulated under Law Number 12 of 2022 concerning the Crime of Sexual Violence. Article 4 paragraph 2 of the law stipulates that anyone who commits non-physical actions such as gestures, writings, and/or words related to another person's body parts or sexual desires can be subject to criminal sanctions for non-physical sexual harassment. Offenders proven to have violated this law may face imprisonment of up to nine months and/or a maximum fine of IDR 10 million. The purpose of this research is to analyze the legal protection for victims of sexual violence based on the perspective of Law Number 12 of 2022 concerning the Crime of Sexual Violence, and to analyze the legal consequences of such protection. The method used is normative legal research. Based on the findings, the legal protection for victims of sexual violence under this law represents a significant milestone in Indonesia’s legal framework. The law progressively places the victim at the center of the legal process and broadens the definition of sexual violence beyond what was previously outlined in the Criminal Code (KUHP). Through this law, victims are granted broader rights, including legal assistance, rehabilitation, protection from intimidation, and recovery services. On the other hand, law enforcement officers have greater legal obligations to carry out investigations and trials with a victim-centered approach. The legal consequences of this protection not only affect the perpetrators in the form of criminal sanctions and additional penalties, but also impose institutional responsibilities on the state, including the provision of recovery services and reforming legal approaches. However, implementation challenges such as limited understanding among law enforcement, lack of support facilities, and low public legal literacy remain significant obstacles that must be addressed.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERJUDIAN Afriansyah, Ricky; Fahmi; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1717

Abstract

The purpose of this research is to analyze the Law Enforcement Against Perpetrators of Gambling Crimes in the Jurisdiction of the Pekanbaru City Police, identify the obstacles in enforcing the law, and explore efforts to overcome these obstacles. The method used is sociological legal research. Based on the results, it is found that law enforcement against gambling offenders in the Pekanbaru City Police jurisdiction is not yet fully optimal, as gambling practices remain prevalent in the community—both in conventional forms such as lottery and card games, and in online forms such as slot games and chip-based games like Higgs Domino. Although the police routinely conduct raids and uncover cases, gambling persists due to various social and structural factors that sustain it. The obstacles in enforcing the law against gambling offenders in the jurisdiction of the Pekanbaru City Police are: First, the limited availability of digital forensic technology at the level of the criminal investigation unit, especially to uncover and act on online gambling involving foreign platforms and fictitious bank accounts. Second, the low level of community participation in providing valid reports or information to the police. It was observed that some community members still perceive gambling as normal, even as a form of entertainment or supplementary income. Third, the presence of legal loopholes in dealing with gambling through game-based applications such as Higgs Domino and similar platforms, as there are no clear regulations defining such games as gambling tools.
IMPLEMENTASI PERATURAN KEPOLISIAN NOMOR 7 TAHUN 2022 TENTANG KODE ETIK PROFESI DAN KOMISI KODE ETIK KEPOLISIAN NEGARA REPUBLIK INDONESIA TERHADAP SELEKSI PENERIMAAN ANGGOTA POLRI DI KEPOLISIAN RESOR ROKAN HULU Purnomo, Candra; Yetti, Yetti; Pardede, Rudi
Jurnal Kajian Ilmu Hukum Vol. 4 No. 1 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i1.1455

Abstract

Article 10 paragraph (4) letter f and letter g of Police Regulation Number 7 of 2022 concerning the Indonesian National Police Professional Code of Ethics regulates the prohibition on members and officials of the Indonesian National Police from receiving rewards and promising to pass the selection process for members of the Indonesian National Police and development education. The purpose of this research is to analyze the implementation of this regulation on the selection process for members of the Indonesian National Police at the Rokan Hulu Police; to analyze the inhibiting factors and efforts to overcome these obstacles. The implementation of Article 10 paragraph (4) letter f and letter g of Police Regulation Number 7 of 2022 on the selection process for members of the Indonesian National Police at the Rokan Hulu Police has not been running well from 2023 to 2025, as evidenced by the existence of Indonesian National Police officials who received rewards and promised to pass the selection process for members of the Indonesian National Police at this police station, accompanied by law enforcement that has not been as it should be. The inhibiting factor is the legal factor, efforts to overcome it if there are general criminal reports and violations of the code of ethics simultaneously, then the decision of the code of ethics trial is not influenced by the resolution of general crimes that prioritize restorative justice. The factor of law enforcement officers, efforts to overcome this is that the local police often hold spiritual and mental guidance activities for their members; The local police institution always reminds its members and ranks not to live a hedonistic and luxurious life; all ranks of the police in carrying out their duties, functions, and authorities are based on the Indonesian National Police's professional code of ethics, Tribrata and Catur PrasetyaThe police cooperative provides low-interest loans and easy loan and repayment terms for business capital. Community factors, in order to overcome this, the police continue to provide free coaching and training programs for local communities who wish to participate in the selection process for Polri members and continuously socialize the program; conduct legal socialization to the community regarding the selection process for prospective Polri members; Polri members refuse to accept money from the community; within the Polri, strict sanctions are imposed on officials and their ranks; externally, the Polri provides counseling to the community directly and through social media platforms that to become a Polri member, bribes and insiders are not used. Cultural factors, in order to overcome this, the police conduct legal socialization to the community regarding the prohibition and legal sanctions for people who give bribes to state officials.
LAW ENFORCEMENT AGAINST THE POLICE PROFESSIONAL CODE OF ETHICS DUE TO DESERTION COMMITTED BY POLICE MEMBERS ENDING IN DISHONORABLE DISCHARGE Putra, Alghoni Bumantara; Kadaryanto, Bagio; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.459

Abstract

The police disciplinary code reflects a noble ideal and aspiration—namely, to uphold and maintain the image of the Indonesian National Police (Polri) as a noble profession (officium nobile). Every member of the police force is expected to preserve their dignity and honor as individuals entrusted by society to maintain public order and security, to enforce the law in times of legal conflict, and ultimately, to offer protection and guidance to the community. This study aims to analyze the enforcement of the Police Professional Code of Ethics in response to cases of desertion by police officers that result in dishonorable discharge within the jurisdiction of the Riau Regional Police (Polda Riau). Specifically, the study examines the legal enforcement process, the barriers faced, and the efforts made to overcome those obstacles. This research employs a sociological legal approach. The findings reveal that enforcement of the Police Code of Ethics in desertion cases that end in dishonorable discharge is carried out firmly in accordance with Chief of Police Regulation Number 7 of 2022 on the Police Code of Ethics. Each proven case of severe desertion leads directly to an ethics tribunal, where—if found guilty—the officer is sanctioned with dishonorable discharge. The process begins with attendance verification, clarification, and the preparation of documents for the ethics hearing. This firm stance reflects the professionalism and institutional commitment of Polri. However, it also highlights a lack of preventive and developmental approaches, particularly in the early stages before violations occur. The main barriers in enforcing the code include: (1) systemic weaknesses in attendance reporting, where desertion cases are often detected too late due to unmonitored absenteeism; (2) organizational structural issues, where the guidance and mentoring functions remain reactive rather than proactive; and (3) organizational cultural tendencies to treat violations solely as grounds for punishment, without addressing underlying causes such as psychological stress, family problems, or work fatigue. Efforts to overcome these challenges include: (1) digitalizing the attendance and reporting systems to enable real-time monitoring; (2) strengthening moral and mental development, especially for personnel in remote or high-stress areas; (3) establishing internal preventive support systems, such as communication forums, counseling services, and informal coaching activities; (4) introducing tiered sanction policies, with dishonorable discharge reserved for repeated or severely intentional desertion; and (5) reforming organizational culture to foster more open, communicative, and supportive interactions between superiors and subordinates.
LAW ENFORCEMENT AGAINST PALM OIL THEFT Minggu, Sumber Horas; DM, M. Yusuf; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.460

Abstract

Local governments and law enforcement agencies must promote legal education, improve the economic conditions of nearby communities, and strengthen security systems in areas vulnerable to theft. In this way, law enforcement can be more balanced: ensuring legal certainty, providing protection to victims, and acknowledging the humanitarian aspects concerning offenders who steal out of economic necessity. The aim of this study is to analyze Law Enforcement Against the Criminal Act of Palm Oil Theft in the Jurisdiction of the Bengkalis Police, to examine the obstacles to enforcement, and to identify efforts to overcome these obstacles. The method used in this research is sociological legal research. Based on the research findings, law enforcement against palm oil theft in the Bengkalis jurisdiction has not been effectively implemented. This is evidenced by the increasing frequency of palm oil theft cases within short time intervals. Although the police have taken various repressive measures, these crimes continue to recur and even tend to escalate. The public has become aware of how to circumvent legal repercussions, particularly regarding the threshold of financial loss stipulated in Supreme Court Regulation (Perma) Number 2 of 2012, which states that theft causing losses below Rp2,500,000 can be classified as a minor offense (tindak pidana ringan, or tipiring). Many offenders intentionally limit the amount of fresh fruit bunches (FFB) stolen to keep the value below this threshold. This tactic is deliberately used to avoid full criminal prosecution or harsher penalties. Obstacles in enforcing the law against palm oil theft in the Bengkalis region include: A lack of deterrent effect due to lenient penalties, Difficulty in proving the crime and calculating actual losses, Manipulation of stolen goods’ value by offenders, Socio-economic challenges faced by the surrounding communities.
Co-Authors Afriandi, Angga Afriansyah, Ricky Ardan, Andra Ardiansah, Ardiansah Asnawi, Edi Bagio Kadaryanto, Bagio Bangun, Tri Suranta DM, M. Yusuf DM, Yusuf Ernawaty, Beby Fahmi Fahmi Fahmi Harahap, Irawan Hartono, Wandi Hutabarat, santa Delima Kurnia, Putri Meinecky, Ryan Minggu, Sumber Horas Muhammad Rasyid Abdillah Muhammad Rizki Muhardi, Dekky Nofarizal, Dedi Nugraha, Ahmad Angga Purba, Desi Valentianna Br Purnomo, Candra Putra, Alghoni Bumantara Rizqa Anita sandra dewi Sari M, Ayu Novita Sihombing, Indra Lamhot Sihombing, Rainer Wilona Simamora, Bona Adrian Sistha, Windy Widya Yalid Yalid Yetti, Yetti Yusuf Yusuf