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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Hukum Respublica Law, Development and Justice Review JURNAL ILMIAH ADVOKASI Unri Conference Series: Community Engagement PAMPAS: Journal of Criminal Law Nakhoda: Jurnal Ilmu Pemerintahan Jurnal Ilmiah Wahana Pendidikan Legal Protection for the Partnership Agreement Parties JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Ilmu Hukum PESHUM Melayunesia Law
Syaifullah Yophi Ardiyanto
Universitas Riau
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PEMERIKSAAN ALAT BUKTI DALAM PENETAPAN TERSANGKA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-IV/2014 DIPERSIDANGAN PRAPERADILAN DIKAITKAN DENGAN TUJUAN PRAPERADILAN Desliza Amalia Wibowo; Davit Rahmadan; Syaifullah Yophi
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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Abstract

Pretrial in Indonesia has been regulated through Law Number 8 of 1981 concerningthe Code of Criminal Procedure. Pretrial institutions are intended to test the lawfulness orlawfulness of an arrest and/or detention, the lawfulness of stopping investigations or stoppingprosecutions, and requests for compensation or rehabilitation, so that law enforcementofficials are not arbitrary in carrying out their duties. Over time the authority of lawenforcement then increased with the birth of Constitutional Court Decision Number 21 / PUU-IV / 2014, the decision stated that the authority of pretrial institutions included also in termsof testing the validity or not of the determination of a suspect someone. So that pretrial courtjudges must then focus the examination process on evidence, which is then used as a guidelineto assess whether the actions of law enforcement officials in the investigation and prosecutionstage are legitimate or not someone is determined to be a suspect. However, in fact there is noconsistency in the decisions of pretrial judges where in some cases evidence is tested forrelevance and in some cases the judge does not test it or can be mentioned as long as there aretwo pieces of evidence alone are enough to establish a person as a suspect Therefore it needsto be studied stimulantly first, b How is the implementation of cases in pretrial trials in theexamination of evidence in the determination of suspects based on the decision of theConstitutional Court Number 21 / PUU-IV / 2014, second, the ideal formulation of theexamination of evidence in the determination of suspects at pretrial hearings in Indonesia.This research is a normative legal research or known as legal research, namely byexamining literature materials (secondary data) that have a relationship with the problemsstudied assisted by primary, secondary and tertiary data. This study used qualitative dataanalysis that elaborated descriptively from the data obtained.From the results of the study, it was concluded that, First, the implementation of theConstitutional Court decision Number 21 / PUU-IV / 2014 is the absence of procedures fromjudges in deciding pretrial cases where in some cases the judges check the validity or relevanceof evidence and some do not check, Second, It is necessary to reform the criminal law byformulating an ideal concept for the face of Indonesian pretrial related to the obligation ofjudges to examine the relevance of evidence and the obligation to examine potential suspects.Keywords: Pretrial – Evidence – Suspect Determination
KEBIJAKAN HUKUM PIDANA TERHADAP KEJAHATAN PEMERASAN SEKSUAL ( SEKSTORSI ) DI INDONESIA Wulan Novita Sipayung; Erdianto Erdianto; Syaifullah Yophi
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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Abstract

The crime of sexual extortion/sextortion is a form of online gender-based violence that is carried out by extorting the victim both materially and sexually by utilizing pornographic photos or videos belonging to the victim which are obtained either by hacking, or given directly by the victim on the basis of trust in a relationship. Therefore, the purpose of this thesis research is, firstly, the importance of legal arrangements for crimes of sexual extortion/sextortion in Indonesia. Second, how is the legal protection of women as victims of sexual extortion/sectoral crimes in Indonesia.This type of research uses normative legal research methods, namely research that uses laws and regulations as primary legal material. The data sources used are primary data, secondary data, tertiary data, the data collection technique in this study is normative juridical, the data used is library research.From the results of the research problem there are 2 main things that can be concluded. First, the regulations relating to the crime of sexual extortion/sextortion are currently not very clear and complete, so that the handling of sextortion cases is not yet able to provide appropriate legal protection for victims of sextortion. The two positive laws in Indonesia relating to sextortion crimes currently only regulate prohibitions and sanctions against the perpetrators, but there is no perspective on the victim. The author's suggestion is First, there is a need for a policy to reform the criminal law that regulates sexual extortion crimes. Second, there is a need for more complete and clear rules regarding sextortion crimes. Keywords: Sextortion, Protection, Victim
ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA Muhammad Rafdi; Syaifullah Yophi; Elmayanti Elmayanti
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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Abstract

In the Indonesian Criminal Code, there is no clear formulation regarding the abilityto be responsible. Article 44 of the Criminal Code explains the circumstances when a personcannot be sentenced to a criminal sentence because there is an inability to take responsibilityfor the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. Oneexample of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in thedecision Defendant G who in legal facts was proven to suffer from Moderate MentalRetardation with an IQ of 46. However, in their consideration the Majlis Judge did not considerthe Defendant's Mental Retardation condition G as a determinant of his ability to beresponsible, and stated that Defendant G could be held responsible. So the purpose of thisstudy is to determine the imposition of criminal sanctions on perpetrators of criminal acts ofsexual abuse who suffer from Mental Retardation based on Indonesian criminal law and todetermine the judge's considerations for imposing criminal sanctions for sexual abuse whosuffer from Mental Retardation based on Indonesian criminal law.Application of Article 44 of the Criminal Code on the criminal act of intercourseagainst child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to beresponsible for the qualifications of Article 44 of the Criminal Code includes the ability to thinkof the perpetrators of criminal acts. Perpetrator with mental retardation problems withintellectual abilities, which also affects his ability to judge his actions are in accordance withthe rules and values the values that exist in society. The judge's considerations were not carefulin imposing criminal sanctions because several important facts were revealed at the trialregarding the condition of the Defendant. The Majlis Judge should dig deeper into mattersoutside the realm of law that arise from each trial that is presided over and summon experts tothen be asked for the clearest possible explanation in order to decide the case as fairly aspossible.Keywords: Criminal liability, Mental Retardation, Obscenity
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL OLEH UNIT PELAKSANA TEKNIS DAERAH PERLINDUNGAN PEREMPUAN DAN ANAK KOTA DUMAI Sri Asma Harahap; Syaifullah Yophi; Tengku Arif Hidayat
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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Abstract

Children are buds, potentials, and the younger generationto continue the ideals of the nation, have strategic roles and have specialcharacteristics and characteristics that guarantee the continued existenceof the nation and state in the future. Children are a portrait of the nation'sfuture in the future, the next generation of the nation's ideals, so that everychild has the right to survive, grow and develop, participate and is entitledto legal protection.This type of research can be classified as sociological legalresearch, because this research was conducted by looking at the effect ofthe enactment of positive laws on people's lives. This sociological researchexamines the legal protection of child victims of sexual violence by theRegional Technical Implementation Unit for the Protection of Women andChildren. The data sources used are primary data, secondary data, datacollection techniques in this study are interviews, the data used is primaryprocessed data.From the results of the research conducted, it can beconcluded, First, legal protection in the form of Juridical or LegalServices, Medical Services and Psychological Services. Second, theobstacles faced are internal factors such as a lack of human resources(employees) and limited funding sources. external factors in the form ofchildren not realizing they are victims, fear of not obeying the perpetrator,low legal awareness on the part of victims of society, public distrust oflegal protection and lack of awareness of cases of child victims of sexualviolence. Third, efforts to overcome obstacles include improving internaldeficiencies, namely increasing human resources (employees), managingthe available budget, increasing the responsibility of the UPTD PPA. Andexternal shortcomings, namely socialization in the region, providingoutreach in schools, carrying out campaigns in the mass media.Keywords: Legal Protection - Child Victims of Sexual Violence
Peran Masyarakat Pelaku Usaha Untuk Mencegah Kejahatan Dibidang Keuangan Dan Peningkatan Perekonomian Pasca Pandemi Covid-19 di Kabupaten Kampar Riau Andrikasmi, Sukamariko; Ardiyanto, Syaifullah Yophi; Darnia, Meriza Elpha; Rahmadani, Puji Bulan; Melinda, Sri
Jurnal Hukum Respublica Vol. 23 No. 01 (2023): Jurnal Hukum Respublica
Publisher : Faculty of Law Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/respublica.v23i01.16954

Abstract

Turunnya perekonomian sangat berdampak terhadap pelaku usaha sejak pandemi Covid-19. Pelaku usaha kini menjadi sasaran empuk bagi pelaku tindak pidana kejahatan dibidang keuangan yang melancarkan aksinya untuk menyamarkan asal usul harta kekayaan. Oleh karena itu, peran masyarakat sangat penting dalam upaya yang akan dilakukan guna meningkatan ekonomi karena masyarakat itu sendiri merupakan aktor utama dalam hal tersebut. Peran masyarakat merupakan faktor utama keberhasilan suatu program atau kebijakan.
Juridical Analysis on the Possibility of Traffic Accident Victim Being Designated as Suspect Effendi, Erdianto; Ardianto, Syaifullah Yophi; HB, Gusliana; Ishaq, Ishaq
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1332

Abstract

The fundamental aim of criminal law is to shield society from potential victimization, allowing for the prosecution of wrongdoers, including the offenders engaged in negligent acts. This objective leads to a legal dilemma when negligence originates from the victim, sparking a debate within law enforcement about the entity to bear the criminal responsibility. Therefore, this study aimed to explore the juridical feasibility of designating victims as suspects in the same case where the offender has been victimized. Real cases were used in this study, accompanied by secondary data and interviews with crucial policymakers. The findings show that designating victims of negligence in traffic accidents as a suspect should not be pursued. Consequently, the investigation process should be suspended when the victim is found to be responsible for the accident, as the incident does not meet the criteria for a criminal act.
Pengaturan Perlindungan Hukum Bagi Wanita Gangguan Jiwa Yang Menjadi Korban Tindak Pidana Kesusilaan Rasyid, M. Akbarizan; Ardiyanto, Syaifullah Yophi; Elmayanti, Elmayanti
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 20 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14325065

Abstract

As a state of law, Indonesia upholds respect for human rights. In Indonesia, there are many people with mental disorders whose rights are not fulfilled, such as the right to be placed in health facilities, so that they end up being neglected and are vulnerable to becoming victims of criminal acts of rape due to the absence of supervision and when this happens the existing regulations have not provided maximum protection both from the perspective of material and formal criminal law. So that the formulation of the problem in this study is how the arrangement of legal protection for women with mental disorders who are victims of criminal acts of decency now, and how the arrangement of legal protection for women with mental disorders who are victims of criminal acts of decency in the future. The purpose of this research is to find out the current arrangements and formulate ideal regulations in the future. This type of research is classified into the type of research is normative legal research or can also be called doctrinal legal research. Normative legal research is library legal research. This research is included in normative juridical research, which is based on legal principles, especially those related to the principle of justice. From the results of the research, it can be concluded that related to legal protection for women with mental disorders who are victims of criminal acts of decency, there are regulations in Indonesian regulations, namely in the Criminal Code, the Sexual Violence Act, the Health Act, and the Mental Health Act. It is found that in the Criminal Code there are provisions that have the potential to hamper law enforcement on criminal acts of decency committed against women with mental disorders, in the TPKS Law the regulation regarding the rights of victims of criminal acts of decency is in accordance with the rights guaranteed in the United Nations Declaration Number 40/A/Res/34 of 1985. However, there are still problems and there needs to be criminal law reform in the future related to this matter. The author suggests that some substantial changes be made to the regulation of legal protection for women with mental disorders who are victims of criminal acts of decency as follows: reduction of the elements of the offence that must be proven in the article on the crime of rape against women with mental disorders, aggravation of the crime of rape committed against women with mental disorders, and renewal in terms of proof of criminal acts of decency committed against women with mental disorders.
Implementasi Penegakan Hukum Terkait Pembakaran Hutan Dan Lahan Oleh Kepolisian Di Wilayah Kabupaten Samosir Sinaga, Opdimed Josua; Ardiyanto, Syaifullah Yophi; Hidayat, Tengku Arif
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 20 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14454389

Abstract

In Indonesia, forest and land burning is a major problem. In Samosir Regency, forest and land fires occur almost every year and the area of forest and land fires is increasing. Forest and land fires are thought to originate from clearing plantation or agricultural land by burning. The police are law enforcement officers at the forefront of law enforcement related to forest and land burning. Therefore, the purpose of this thesis research is first, to find out the implementation of law enforcement related to forest and land burning by the police in the Samosir Regency area. Second, to find out the obstacles faced by the police in handling the crime of forest and land burning in Samosir Regency. Third, to find out the police's efforts in overcoming obstacles to law enforcement related to the crime of forest and land burning in the Samosir Regency area. This type of research can be classified into sociological research. With the research location located at the Samosir Regency Police, while the population and sample are all parties related to the problem under study. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by means of interviews. From the results of the problem research there are three main things that can be concluded. First, that law enforcement is carried out preventively (prevention) and repressively (prosecution). Second, the obstacles faced by the police in handling criminal acts of forest and land burning consist of law enforcement factors.Third, the efforts made by the police in overcoming these obstacles are, related to the lack of apparatus by requesting assistance from the North Sumatra Regional Police, then for factors related to the community, making socialization and counseling to the community. deterrent effect on the community. Third, it is advisable for the people of Samosir Regency to be able to cooperate more with the police in handling all matters relating to criminal acts of forest and land burning that occur in the Samosir Regency area
Pembaharuan Pengaturan Hukum Pidana Justice Collaborator Dalam Hukum Positif Indonesia Permatasari, Mutiara; A, Syaifullah Yophi; Andrikasmi, Sukamarriko
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 23 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14565672

Abstract

The law always moves dynamically following changes and developments over time in the concept of criminal law reform. The large number of organized criminal acts ultimately gave rise to the idea of perpetrators working together (Justice Collaborator). The legal basis governing Justice Collaborators is contained in Law Number 31 of 2014 concerning Protection of Witnesses and Victims; and Supreme Court Circular Letter (SEMA) No. 4 of 2011 concerning Treatment of Criminal Whistleblowers and Justice Collaborators. In Certain Criminal Cases. In cases where the defendant wants to apply for status as a Justice Collaborator, even defendants who have already obtained status as a Justice Collaborator receive unfair treatment due to the legal vacuum of this legal basis. This legal vacuum makes the author want to research how indicators a person can be categorized as a Justice Collaborator in accordance with Indonesian positive law, what is the ideal concept of Justice Collaborator arrangements for perpetrators of criminal acts in Indonesia. The aim of this research is to explain the indicators that a person can be categorized as a Justice Collaborator and to formulate an ideal concept for regulating Justice Collaborators for perpetrators of criminal acts in Indonesia. This type of research is normative juridical, that is, legal research is carried out by examining library materials. The results of this research are the Justice Collaborator indicators in SEMA Number 4 of 2011, namely being aware of their mistakes and admitting to criminal acts, not being the main perpetrator, being cooperative and providing clear information, uncovering criminal acts effectively or uncovering other perpetrators, and the Public Prosecutor The lawsuit states the role that the perpetrator has been assigned. As the legal basis regarding Justice Collaborator still has deficiencies based on cases in Indonesia, the researcher provides an ideal concept, namely that there are deficiencies in the regulations regarding "Main Actors", there is no certainty that Justice Collaborator will receive an award. In the future, there needs to be clarity regarding the indicators for someone to get Justice Collaborator and updates regarding laws and regulations regarding Justice Collaborator.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Online Di Wilayah Hukum Kepolisian Resor Kampar Salsabila, Vania Mahfira; Ardiyanto, Syaifullah Yophi; Andrikasmi, Sukamarriko
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 23 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14586202

Abstract

Article 27 paragraph (2) of Law Number 19 of 2016 concerning Electronic Transaction Information contains a prohibition on gambling. The penalty for those who violate is imprisonment for a maximum of 6 years and/or a fine of a maximum of Rp. 1,000,000,000. In reality, the implementation of criminal sanctions has not been implemented optimally, because it can be seen that there are still many gambling cases occurringonline in Kampar Regency. Research purposes This thesis is to determine law enforcement, obstacles in law enforcement and efforts to overcome obstacles in law enforcement against criminal acts of gamblingonline in Kampar Regency. This type of research can be classified as a type of researchsociological, because the author directly conducted research at the location or field where he was researched in order to provide a complete and clear picture of the problem being studied. This research was conducted at the Kampar Police Department, meanwhilepopulation and sample is all parties related to the problem under study. In this researchdata source used primary data and secondary data and tertiary data, and data collection techniques in this research using interviews and literature study. From the research results there are three main things that can be concludedFirst, law enforcement carried out by the Kampar Police is through preventive and repressive efforts.Second,Some of the obstacles faced by the police are the failure to find evidence, changing bank accounts/fictitious data, the increasing level of human capability in technology, obstacles to law enforcement, lack of public legal awareness, units that handlecybercrime only up to the Regional Police level.Third,Efforts made to overcome obstacles to law enforcement include providing legal outreach/counseling by collaborating with the community, increasing the ability of police officers regarding technology and information, increasing supervision/patrols directly to the community or through cyberspace so that law enforcement can be carried out optimallyThird,The role of the community is needed to assist law enforcement officers in tackling criminal acts of online gambling.
Co-Authors ', Erdiansyah ', Erdianto Afrido Hidayah Aldean Dipa Damanik Amiratul Mardhiyah Putri Amrinto Nainggolan Andi Arfan Andi Matias Giovani Barutu Andrikasmi, Sukamarriko Atika Ulfa Putri Benni Pernando S Darnia, Meriza Elpha Davit Rahmadan Deflides, Viani Ghefira Desliza Amalia Wibowo Devi Angriyani Ela Valentina Damanik Elmayanti, Elmayanti Emilda Firdaus Erdiansyah ' Erdianto ' Erdianto Effendi Erdianto Erdianto Evi Deliana HZ Ferawati Ferawati Goklan Tamba Gusliana HB Habibie, Dedi Kusuma Hamdan ' Hidayat, Tengku Arif Ikhsan Adi Nugraha Intan Purnama Sari Irfan Ariski Ishaq Ishaq Jhon Nover Siburian Jhon Tua Josep ' Kartika S Ledy Diana Leoni Capri Widyatama Melinda, Sri Muhammad A. Rauf Muhammad Afdhol Muhammad Rafdi Mukhlis R Mukhlis R. Muqsith, Muhammad Haikal Musliadi, Ricki Nofri Yansyah Paratama Mangihut Tua Permatasari, Mutiara Pricilia Irene Debora Putri Sasbita Aqila Putri, Amiratul Mardhiyah Putri, Aretha Rahmadani, Puji Bulan Rasyid, M. Akbarizan Salsabila, Vania Mahfira Samariadi, Samariadi Setia Putra Sinaga, Opdimed Josua Sri Asma Harahap Sukamariko Andrikasmi Tengku Arif Hidayat Tuharea, Chindy Ameilia Putri Valeta, Echa Virsa Ferasar Wan Muhammad Yunus, Wan Muhammad Widia Edorita Wulan Novita Sipayung