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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN NARKOTIKA DI KAMPUNG DALAM KECAMATAN SENAPELAN KOTA PEKANBARU Devi Angriyani; Erdianto Effendi; Syaifullah Yophi Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In general, narcotics can be said as substances or drugs, both natural,synthetic, and semi-synthetic which cause a decrease in consciousness,hallucinations, and arousal. The special sanctions in the Narcotics Law are anumber of criminal sanctions for those who become intermediaries in buying andselling transactions can immediately be said to be intermediaries in the NarcoticsCirculation. Research on narcotics abuse at the Senapelan District Police,Kampung Dalam Pekanbaru City aims to find out law enforcement againstnarcotics trafficking crimes, obstacles and efforts in dealing with narcotics abuse.This type of research can be classified in the type of sociological research,because in this study the author directly conducts research at the location orplace under study in order to provide a complete and clear picture of the problembeing studied. This research was conducted at the Resort Police of SenapelanDistrict, Pekanbaru City, while the population and sample are all parties relatedto the problems studied in this study, the data sources used, primary data, andsecondary data, and tertiary data, data collection techniques in this study byobservation and interviews.From the results of the study as follows: law enforcement againstnarcotics abuse in Kampung Dalam Kota Pekanbaru based on investigations andraids that have been carried out for places in Kampung Dalam that have beenproven to have committed violations, especially in the distribution of Narcotics,the place is sealed and strict action is taken in accordance with the provisionsregulations, and obstacles in law enforcement against Narcotics Abuse inKampung Dalam Pekanbaru City are the lack of supervision from the governmentto monitor activities carried out by the people of Senapelan Subdistrict, KampungDalam, so that there are still many places that are not supervised, lack ofawareness and community participation so that the police as if working alonerevealed the use of Narcotics, and the lack of personnel in an effort to curbviolations.Keywords: Narcotics, Police, Narcotics Abuse, Investigation, Investigation.

ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory

PERTANGGUNG JAWABAN PIDANA TERHADAP FREELANCE PERUSAHAAN PADA TINDAK PIDANA PERBANKAN DALAM MENGHIMPUN DANA MASYARAKAT TANPA IZINOTORITAS JASA KEUANGAN ATAU BANK INDONESIA DENGAN PROMISSORY NOTE Afrido Hidayah; Mukhlis R; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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We can find arrangements regarding the accountability of the Board of Directors inLaw Number 40 of 2007 concerning Limited Liability Companies. Pursuant to Article 97paragraph (2) of the Limited Liability Company Law, the directors are required to managethe company in good faith and with full responsibility. Meanwhile, freelancers, who in factare only freelance daily workers and do not have a fixed monthly salary, are demandedalmost the same as the directors. So the purpose of the thesis research is first, to find outwhether a company can raise funds through a Promissory Note. Second, knowing whether afreelance can be held criminally responsible in a company, if the company commits a crime.This type of researcher can be classified into the type of normative legal research.This study uses secondary data consisting of primary legal materials, secondary legalmaterials, tertiary legal materials and data collection techniques are carried out using thelibrary method.From the results of the research problem there are two main things that can beconcluded. First, that in collecting public funds, the company can do this with a promissorynote (promissory note), based on Article 174 of the Criminal Code, it must meet therequirements. Second, that freelance companies cannot be held accountable for companiesthat commit criminal acts. If asked for accountability, it is only administrative. Because afreelance company is not included in the core organs of the company and is not included assomeone who can control the company in accordance with the Limited Liability CompanyLaw and the Criminal Code. The author's suggestion is First, the collection of public fundscarried out by non-bank companies is given more attention to the State of Indonesia.Enforcement and supervision must be carried out even tighter so that the Banking Act LawNumber 7 of 1992 concerning Banking and Law Number 21 of 2011 concerning theFinancial Services Authority is more effectively implemented so that people are no longerafraid to invest in shares to advance the economy. Second, if company freelancers are heldcriminally liable, then all freelance companies must also be held accountable in accordancewith the law regulated in article 2 of the Criminal Code.Keywords: Freelance, Financial Services Authority, Bank Indonesia.

ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory

KEKUATAN KETERANGAN SAKSI ANAK DALAM PENEGAKAN HUKUM PADA KASUS TINDAK PIDANA ASUSILA TANPA DIDUKUNG ALAT BUKTI LAINNYA Putri Sasbita Aqila; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The evidentiary stage is one of the aspects of the trial, especially in the aspectof evidence that plays a role in proving a person's guilt so that he can besentenced by a judge. In this case, many children are victims as well as witnessesin cases of immoral crimes by giving testimony under oath, this is not inaccordance with the Criminal Procedure Code which requires every witness to besworn in, but over time the issuance of the latest regulations, namely the Law onSexual Violence, this is certainly a problem for judges where children are the onlywitnesses who hear, see, and experience an immoral crime themselves.The objectives of writing this thesis are: first, whether the child's testimonycan be taken into consideration by the judge in making a decision on an indecentcrime case. Second, What is the strength of child witness testimony in court,without the support of other evidence in several cases.This type of research can be classified as normative juridical research,because in this research the author uses literature study materials such as officialdocuments, books to conduct research in this study, data sources used, primarydata, secondary data and tertiary data, collection techniques in this research withliterature review methods or documentary studies.From the results of this study it can be concluded First, the testimony of childwitnesses who cannot be given under oath, is not valid evidence, but can be usedas a clue and can prove that the defendant is guilty if accompanied by 1 (one)other valid evidence and the judge gains confidence in the case this is stated inarticle 25 paragraph 1 of the TPKS Law. Second, the testimony of child witnesseswithout oath that is used as a clue is based on the correspondence with otherevidence that is considered by the judge in imposing sexual crimes on children.The author's suggestions, First, it is hoped that judges who try criminal cases,especially in examining and evaluating the testimony of minor witnesses, must bewise and wise. Second, there needs to be an internal judicial regulation thatdedicates the judge's belief in the consideration of child witness testimony byfollowing the latest regulations and closing the gap so that cases of immoralviolence decrease significantly with a deterrent effect for the defendants. Eitherthrough the decision of the Supreme Court in order to increase the evidentiarypower of child witness testimony in order to achieve the legal objectives of justice,certainty and expediency.Keywords: Strength of Proof - Indecent Crimes - Child Witnesses

Penyelesaian Sengketa Pelanggaran Adat di Wilayah Kunto Darussalam Rokan Hulu Mukhlis R; Gusliana HB; Syaifullah A.Yophi
Law, Development and Justice Review Vol 5, No 2 (2022): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.v5i2.16056

AbstractGood law is law that is in accordance with the law that lives in society, which of course is also appropriate or is a reflection of the values that apply in society. The dimension of local wisdom of customary law which is based on cosmic, magical and religious thoughts is correlated with the sociological aspect of the perspective and culture of the Indonesian people. One of the indigenous peoples in Riau is the Kunto Darussalam traditional community in Rokan Hulum Regency. Settlement of ulayat land disputes is still used in marital dispute resolution, in consideration of adat law of tribal mamak, juvenile settlement, and settlement of ulayat land disputes. Keywords: Settlement, Customary Dispute, Kunto Darussalam. AbstrakHukum yang baik adalah hukum yang sesuai dengan hukum yang hidup (the living law) dalam masyarakat, yang tentu sesuai pula atau merupakan pencerminan dari nilai-nilai yang berlaku dalam masyarakat. Dimensi kearifan lokal hukum adat yang berlandaskan alam pikiran kosmis, magis dan religius ini berkorelasi dengan aspek sosiologis dari cara pandang dan budaya masyarakat Indonesia.Salah satu masyarakat adat di Riau yang masis eksis adalah masyarkat adat kunto Darussalam di Kabupaten rokan Hulum. Hukum adat yang masih digunakan dalam penyelesaian sengketa dalam perkawinan, dalam pengangkatan datuk/ninik mamak suku, penyelesian kenakalan remaja, dan penyelesian sengketa tanah ulayat. Kata Kunci: Penyelesaian, Sengketa Adat, Kunto Darussalam.

PENEGAKAN HUKUM PIDANA TERHADAP PENCURIAN KELAPA SAWIT DI WILAYAH HUKUM POLRES KABUPATEN INDRAGIRI HULU Aldean Dipa Damanik; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The crime of theft is regulated in CHAPTER XXII of the Criminal Code (KUHP). Theperpetrators of theft are charged under Article 364 of the Criminal Code as a misdemeanourwith a maximum imprisonment of 3 months or a maximum fine of two million and five hundredthousand rupiahs. Firmer law enforcement against perpetrators of criminal acts of stealingand or harvesting plantation products is regulated in Law no. 39 of 2014 concerningplantations.The type of legal research used by the author is sociological legal research. Thissociological research is a type of research in terms of legal objectives.From the results of the study, it was found that law enforcement against the crime of palmoil theft in the Inhu Resort Police area has not run optimally because several efforts made bythe Inhu Resort Police such as preventive and repressive efforts have not been able to runoptimally. In addition, there is still recognition of a peaceful settlement in which the peacefulsettlement carried out by the local community has not been able to create a deterrent effect forthe perpetrators because there are no strict sanctions for the perpetrators. the obstacles facedby law enforcers are divided into 2 factors, namely internal factors and external factors. Theseobstacles are in the form of: a lack of Inhu Resort Police personnel, communityculture/customs, lack of funds and facilities and infrastructure of the Inhu Resort Police. Inorder to investigate the crime of palm oil theft in the Inhu Resort police area, the Inhu ResortPolice made several efforts, namely, adding Inhu Resort Police personnel, collaborating withpalm oil companies in Inhu District and also the community and minimizing the use of fundsand utilizing existing facilities and infrastructure. Author's Suggestion, First, The Inhu ResortPolice as the front guard in law enforcement, in this case the investigation of criminal acts inInhu District, the Police must work together and improve quality in dealing with any existingcriminal acts. Second, to the public to be willing to report the perpetrators of the crime of palmoil theft in Inhu District to the Inhu Resort Police. Third, to the palm oil entrepreneurs in InhuRegency to further enhance their cooperation with the Inhu Resort Police and carry out therecommendations given by the Inhu Resort Police.Keywords: Law Enforcement-Palm Oil Theft-Polres Inhu

REFORMULASI SANKSI PIDANA DISKRIMINASI RAS DAN ETNIS DI INDONESIA Irfan Ariski; Syaifullah Yophi; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 40 of 2008 concerning the Elimination of Racial and EthnicDiscrimination, actually the law against acts of racial and ethnic discrimination can preventand accommodate a person. In practice, cases of racial and ethnic discrimination haveincreased every year. In data taken from the National Commission on Human Rights (KomnasHAM), there were at least 188 complaints. Where in 2021 there were 44 complaints.Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting onthe Albanian state and the importance of creating a new paradigm, it is necessary toreformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008concerning Elimination of Racial and Ethnic Discrimination to present laws that are moreappropriate in responding to the needs of modernization. The purpose of this research was tofind out the arrangement and application of racial and ethnic discrimination criminalsanctions in the Indonesian legal system, as well as to form the idea of reformulation ofappropriate sanctions against racial and ethnic discrimination crimes in Indonesia..This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. Also called doctrinal legal research, namely legalresearch that uses data based on library research by taking quotes from reading books, orsupporting books that have something to do with the problem to be studied. Thus, this studyuses secondary data sources consisting of primary, secondary, and tertiary legal materials.This study also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research conducted, several conclusions wereobtained, namely: First, the provisions and sanctions for criminal discrimination asstipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial andEthnic Discrimination are no longer implemented and do not consider the impact ofpsychological violence that can be worse than physical violence and is still very weak whencompared to other countries such as the Republic of Albania and the United States. In theend, the existing sanctions become an obstacle in projecting law as a social engineering toolthat is just and beneficial to society. In practice, this has created a gap between das sollenand das sein in the application of racial and ethnic discrimination criminal sanctions inIndonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctionsand adding criminal sanctions to imprisonment and fines, as well as the existence oftreatment and/or treatment in the form of rehabilitation is an idea that was prepared bytaking into account the outlook on life, awareness and legal ideals, as well as the philosophyof the Indonesian nation which originates from Pancasila and Preamble to the 1945Constitution of the Republic of Indonesia.Keywords: Ideas - Criminal Sanctions – Racial and ethnic discrimination

ANALISIS YURIDIS PENERAPAN PASAL 112 AYAT (1) DAN AYAT (2) DIKAITKAN DENGAN PENERAPAN PASAL 127 AYAT (1) HURUF A, AYAT (2), DAN AYAT (3) UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DALAM MEMBERIKAN KEPASTIAN HUKUM DI INDONESIA Jhon Nover Siburian; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The criminal provisions in the current narcotics law, namely Law number 35 of 2009, it isclosely related to the formulation of actions committed by someone in connection with these narcotics.Penal provisions began to be regulated in CHAPTER XV from Article 111 to Article 148 of Law No.35 of 2009 . In narcotics cases, there are several articles that are often used to ensnare perpetrators,one of which is Article 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerningNarcotics. The two articles, which have multiple interpretations and unclear formulation, namelyArticle 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics.The objectives in writing this thesis are: First , to find out the judge's considerations in applyingArticle 112 and Article 127 of Law Number 35 Years 2009 About Narcotics. Second, To find out LegalCertainty in the Application of Article 112 and Article 127 of Law Number 35 Years 2009 AboutNarcotics. The type of research used in this research is normative legal research. In this normativeresearch the authors conducted research on legal principles .From the results of the study it was found that the judge's judgment in applying Article 112 andArticle 127 of Law Number 35 Year 2009 concerning Narcotics is that the judge's decision in acriminal case of narcotics abuse is not always the same, even in the same case the results of thedecisions are different, this is what is referred to as a disparity decision, where the judge decides onthe same case but with a different decision . Legal certainty in Article 112 and Article 127 of theNarcotics Law it can be said that the articles it still does not provide a legal certainty. it is becauseredaction of articles that are still multi-interpreted and contain double meanings. Author'sSuggestion, First, It is hoped that the panel of judges will give more consideration to therehabilitation aspect for narcotics users (not dealers) compared to prison sentence decisions becausethe obligation of rehabilitation is more needed for narcotics addicts . Second, make changes to theNarcotics Law, especially to Article 112. This change is really needed considering the increasingnumber of perpetrators narcotics crime that should have been charged with Article 112 but wascharged using Article 127 .Keywords: Narcotics-Legal Certainty- Criminal Acts

REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA YANG BERASAL DARI KALANGAN ATAS Ela Valentina Damanik; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Narcotics abuse is a complex problem and has a broad perspective, both in the fields ofmedical, psychosocial, mental and psychiatric services. At present, narcotics abusers can belikened to an iceberg that includes all levels of society, especially the upper class. Therefore, asan effort to deal with narcotics abusers who are increasing day by day and the need to create anew paradigm to renew the public's view of narcotics abusers, especially the upper class society,where the upper class society in its implementation is more privileged. Therefore, it is necessaryto reformulate criminal sanctions as stipulated in Law Number 35 of 2009 concerning Narcoticsto create laws that are more effective and fair in responding to modernization goals. The purposeof this study is to understand the regulation and application of criminal sanctions againstnarcotics abusers in Indonesia and to develop the idea of reformulation of appropriate sanctionsagainst narcotics abusers from the upper class society.The research conducted is normative legal research or known as doctrinal legal research,which uses data sourced from library research and literature quotations related to the issuesstudied. Therefore, the secondary legal sources used consist of secondary, primary and tertiarylegal materials as well as data from interviews in the form of primary data.In this research, the type of data analysis used is qualitative data analysis which isproduced in the form of descriptive data. From the elaboration of the discussion and researchconducted, several conclusions can be obtained, namely: First, narcotics addicts and narcoticsabusers as stipulated in Article 54 of Law Number 35 of 2009 concerning Narcotics states thatnarcotics addicts and narcotics abusers are required to undergo medical rehabilitation andsocial rehabilitation. However, in fact the implementation of rehabilitation is not evenlydistributed to all levels of society. Second, an increase in imprisonment and fines, as well as anincrease in treatment and/or treatment services in the form of medical rehabilitation and socialrehabilitation as an idea formulated by taking into account awareness, legal ideals, outlook onlife and philosophy originating from Pancasila and the Opening of the Constitution of theRepublic of Indonesia in 1945.Keywords: Reformulation – Criminal Sanctions – Rehabilitation

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