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MODEL PIDANA KERJA SOSIAL SEBAGAI PENGGANTI PIDANA KURUNGAN DALAM RANGKA MENGATASI PERMASALAHAN KELEBIHAN KAPASITAS LEMBAGA PEMASYARAKATAN DI INDONESIA Yolanda Rizky Rinaldi; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Almost all prisons and detention centers in Indonesia face the problem of overcapacity which causes prisons unable to carry out their functions optimally. This is because criminalization in Indonesia is more inclined towards imprisonment. The criminal service order is present as an alternative punishment to the crime of deprivation of liberty. The existence of Criminal Service Order is expected to be a solution to the problem of overcapacity in correctional institutions in Indonesia. The purpose of writing a thesis, namely; First, to find out and understand whether the Criminal Service Order’s Model can be used as a Substitute for the Crime of Imprisonment in the Context of Overcoming the Problem of Overcapacity in Prisons in Indonesia.This type of research used in this legal research is normative juridical method, because the purpose of this study is to provide a systematic and comprehensive description or description. In this study the authors conducted research on legal synchronization, by identifying in advance the legal principles that have been proposed in the RUUKUHP. The data source used is secondary data. The data collection technique in this research is the literature review method after the data is collected and then analyzed to draw conclusions.From the results of research and discussion it is known that, first, imprisonment penalties that implement a system of deprivation of liberty do not have a useful purpose of punishment and result in overcapacity in prisons. The emergence of social work punishment as a substitute for imprisonment is deemed to be commensurate with the criminal act committed, namely minor crimes with a short sentence. And a convicted social worker does not need to live in a correctional facility. Second, social work punishment as a substitute for imprisonment would ideally be implemented in Indonesia if in carrying out the sentence there is supervision from the supervisory team and in its implementation there is cooperation with the Social Service and the Environmental Service.Keywords: Criminal Serivice Orders – Criminal Confinement – Over Capacity – Correctional Institution

KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DALAM PELAKSANAAN DAN PENEGAKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS ANGKUTAN JALAN DI KECAMATAN MANDAU Fazly Mahatma Putra Gautama Negara; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Ministry of Transportation is an institution that has the authority to issue policies and / or legal rules governing transportation issues. Legal policies or rules that bind all parties involved in transportation activities. The Department of Transportation is an institution established under Decentralization. Decentralization here implies escape from the center. One example of the role of the Department of Transportation in maintaining the maintenance of an integrated traffic system is enforcement. Article 276 and 262 of Law Number 22 Year 2009 Road Traffic and Transportation. The purpose of this study, namely: first to determine the obstacles faced by the Office of Traffic and Road Transportation in the implementation and enforcement of the Act. the second is the efforts made by the Office of Traffic and Road Transportation in enforcing the Road Traffic Law and its solutions.This type of research used in writing this thesis proposal uses the method of sociological legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research is precisely in the office of the Regional Technical Implementation Unit of the Transportation Office of Mandau District, Bengkalis Regency. While the population and sample are all parties related to the problem examined in this study. Sources of data used, primary data, secondary data and tertiary data, data collection techniques in this study are observation, interviews and literature studies.From the results of this study it can be concluded that there are two main problems, namely: first, to find out the obstacles faced by the Office of Traffic and Road Transportation in the implementation and enforcement of articles 262 and 276 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. That the applicable regulations are not adhered to, as well as overlapping authority between the transportation department of the Mandau sub-district and the Mandau district police. second, the efforts made by the Traffic and Road Transportation Agency in enforcing the Road Traffic Law by giving strict sanctions to road transporters who commit violations in the form of revoking route licenses, speeding tickets and imposing vehicles. The author's advice, firstly in order to be able to walk properly the importance of public vehicles entering the terminal, it requires strict sanctions for owners of public vehicles and also needed socialization about the authority of the transportation department in cracking down on road transport that commits traffic violations and the function of the terminal itself secondly, it is expected that the authorities related to cooperating in their respective portion and authority for the sake of creating smoothness, security, and order in traffic on the highway.Keywords: Authority - Road traffic and transportation - Non-motorized vehicles

PENERAPAN HUKUM ADAT DALAM MENYELESAIKAN TINDAK PIDANA PERZINAHAN YANG DILAKUKAN OLEH REMAJA DI KECAMATAN MANDAH KABUPATEN INDRAGIRI HILIR Arif Yuliansyah; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Adolescence is a phase of development between childhood and adulthood. In adolescene, it is the desire to try, to follow trends and lifestyles, and have enormous fun. So, a person’s development in childhood and adolescene will shape the person’s self development in adulthood. Article 284 of KUHP cannot be a legal basis for adolescents who commit adultrety, there fore the process of adultery committed by adolescents is completed through customary law. Customary law is an institution that forms villages that have formed themselves because of the habits of the local community. Customary law priorities the settlement by deliberation and consensus in resolving these criminal acts. The purpose of this thesis research is : fisrt, To find out the process of settlement of adultery committed by adolescents in Mandah sub-district Indragiri Hilir district. Second, to find out legal consequences of the settlement of adultery crimes committed by adolescents through customary law. This type of research of sociological legal research. Empirical juridical research or sociological legal research is research conduted directly on site or in the field to obtain data to provide a complete and clear picture of the problem in question. This research was conduted in Mandah sub-district Indragiri Hilir district. The data used primary data, secondary data, and tertiary data. Data collection techniques using interviews and literature study.Based on the results of the study and discussion it can be concluded that first, the process of resolving criminal acts of adultery committed by adolescents in Mandah sub-districh. As for the settlement process through customary law that is : One, as a family. Two, in consultation with customary leaders and community leaders. Second, Legal consequences are customary legal liability by Ninik Mamak as law enforcers by priorotizing consensus adreement in determining customary punishment that is not contrary to applicable legal norms. Suggestion, the results in the flow of the settlement process of adultery committed by adolescents in Mandah sub-distrith are final, prioritizing common interests rather that individuals so that justice is not created and is not biased, and villages make village regulations that forbid teenagers or young men and women from carrying out activities above 10 pm except held by the village of scholl. National KUHP must pay attention to the values prevailing in society. Other than that, law enforcers are expected to be able to act fairly in the application of sanctions for those who commit adultery.Keywords: The process of resolving criminal acts of adultery committed by adolescents through customary law

KONSEP DIVERSI DALAM PERSPEKTIF APARAT PENEGAK HUKUM DI KABUPATEN PELALAWAN Yuni Angraini; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Diversion is an important part in the implementation of Juvenile Criminal Justice. Diversion is an action or treatment to divert a case from a formal process to an informal process, or to place the perpetrators of child crimes out of the juvenile justice system. This means that not all cases of juvenile delinquents must be resolved through formal courts, and provide an alternative for settlement with a justice approach in the best interests of the child and by considering justice for the victim.However, in Pelalawan Regency there are still many cases of crimes committed by children which end in criminal decisions at the Pelalawan District Court. The purpose of writing this thesis, namely: First, to determine the perception of law enforcement officers in Pelalawan Regency related to the concept of diversion. Second, to find out the obstacles to the implementation of diversion by law enforcement officers in Pelalawan Regency.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research in the place under study in order to provide a complete and clear picture of the problem to be studied, while the population and sample are all parties related to the problem studied in this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews and library data.From the results of this study it was concluded, first, the perception of law enforcement officers in the implementation of diversion is very important in fighting for the rights of child offenders and carrying out in accordance with applicable regulations, the role of law enforcement officers in carrying out diversion which is the transfer of settlement of child cases from the criminal justice process to The process outside the criminal court according to the researcher is not carried out properly because there are still many law enforcement officers, especially child investigators who understand the Juvenile Criminal Justice System. As well as the lack of certification by law enforcement officers in handling cases of children in conflict with the law. This can be seen from the number of child cases that end in criminal decisions in court. Second, the obstacles in implementing Diversion in Pelalawan Regency, namely at the stage of investigation, prosecution, courts that come from the victims themselves who do not want to make peace with child perpetrators, and the lack of certification and efforts of investigators in facilitating diversion.Keywords: Diversion – Perspective - Law Enforcement Apparatus

PENEGAKAN HUKUM TERHADAP PELAKU DAN PENYEDIA TEMPAT PERJUDIAN MESIN (GELANGGANG PERMAINAN ) DI KOTA PEKANBARU OLEH KEPOLISIAN DAERAH RIAU Viandras Billy Gustama; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The current criminal law in Indonesia is a criminal law that has been codified, that is, most of itand its rules have been compiled in a wetboek, called the Criminal Code, according to a particular system.Basically, criminal law does focus on regulating the problem of crimes that occur in the community. If theConstitutional Court is often referred to as The Guardian Of Constitutution, then the criminal law inrelation to crime deserves to be called The Guardian Of Security which seeks to guarantee that the peopleare not victims of crime.This research is empirical juridical research or sociological legal research. Empirical juridicalresearch is carried out by identifying the law and how the effectiveness of the law applies in society. Whilethe population and sample are parties related to the problems examined in this study, the data sources used,primary data, secondary data, and tertiary data. The technique of collecting data in this study was throughinterviews and literature review.From the results of the research the authors did can be concluded, first Law enforcement againstthe crime of gambling machines that under the guise of playing fields, with children's business permits, hasnot been optimally performed. This is evident from the fact that there are still many gambling machines thathave a game of children operating in the city of Pekanbaru. The second obstacle in law enforcement is thefirst regulation regarding gambling is still multi-interpretation. In addition to the definition of gambling, theCriminal Code does not clearly explain the prize of the game / race which can be categorized as a crime ofgambling, whether it is only money or can be replaced with other prizes.Keywords: Law Enforcement - Actors and Providers - Gambling Machines.

PENERAPAN HUKUM ADAT DALAM MENYELESAIKAN TINDAK PIDANA PERZINAHAN YANG DILAKUKAN OLEH REMAJA DI KECAMATAN MANDAH KABUPATEN INDRAGIRI HILIR Arif Yuliansyah; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Adolescence is a phase of development between childhood and adulthood. In adolescene, it is the desire to try, to follow trends and lifestyles, and have enormous fun. So, a person’s development in childhood and adolescene will shape the person’s self development in adulthood. Article 284 of KUHP cannot be a legal basis for adolescents who commit adultrety, there fore the process of adultery committed by adolescents is completed through customary law. Customary law is an institution that forms villages that have formed themselves because of the habits of the local community. Customary law priorities the settlement by deliberation and consensus in resolving these criminal acts. The purpose of this thesis research is : fisrt, To find out the process of settlement of adultery committed by adolescents in Mandah sub-district Indragiri Hilir district. Second, to find out legal consequences of the settlement of adultery crimes committed by adolescents through customary law. This type of research of sociological legal research. Empirical juridical research or sociological legal research is research conduted directly on site or in the field to obtain data to provide a complete and clear picture of the problem in question. This research was conduted in Mandah sub-district Indragiri Hilir district. The data used primary data, secondary data, and tertiary data. Data collection techniques using interviews and literature study.Based on the results of the study and discussion it can be concluded that first, the process of resolving criminal acts of adultery committed by adolescents in Mandah sub-districh. As for the settlement process through customary law that is : One, as a family. Two, in consultation with customary leaders and community leaders. Second, Legal consequences are customary legal liability by Ninik Mamak as law enforcers by priorotizing consensus adreement in determining customary punishment that is not contrary to applicable legal norms. Suggestion, the results in the flow of the settlement process of adultery committed by adolescents in Mandah sub-distrith are final, prioritizing common interests rather that individuals so that justice is not created and is not biased, and villages make village regulations that forbid teenagers or young men and women from carrying out activities above 10 pm except held by the village of scholl. National KUHP must pay attention to the values prevailing in society. Other than that, law enforcers are expected to be able to act fairly in the application of sanctions for those who commit adultery.Keywords: The process of resolving criminal acts of adultery committed by adolescents through customary law

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENJUALAN MIE BERFORMALIN DI KOTA PEKANBARU Nova Putri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law enforcement is a series of efforts, processes and activities to make the law work properly. One of the problems that still occur today is the criminal problem of selling formalized noodles in the Pekanbaru area. The problem of the criminal act of selling formaldehyde noodles is a very important legal problem because it can give an indication to public health, the authors still see many yellow (wet) noodle sellers who have not fulfilled proper food sales procedures maximally. so that researchers need to research related to how law enforcement related to the criminal act of selling formalin noodles in the Pekanbaru area. The purpose of writing this thesis is First to find out the law enforcement related to the criminal act of selling formalized noodles in Pekanbaru. Second, to find out obstacles in the law enforcement process related to the criminal act of selling formalized noodles in Pekanbaru. Third, to find out the ideal law enforcement solution to prevent criminal acts of selling formalized noodles in Pekanbaru.This type of research is sociological legal research, namely research that seeks a correlation between law and society. This research is descriptive in nature, namely the researcher tries to provide an overview of the cases being studied. In this study using qualitative data analysis, which means explaining and concluding about the data that has been collected by the author. This study uses codified primary and secondary data.The results of this study are law enforcement against yellow (wet) noodle sellers who are known to have problems in terms of food or the production process is not optimal. When a criminal sanction has been given, whether in the form of a warning letter of the danger of imprisonment or something else, the same case still occurs so that the prevention of this case must be carried out maximally through more stringent means or procedures. The obstacles in law enforcement are focused on one object, namely "society" itself. Starting from supervision, the lack of legal awareness and socialization in the community has not been maximal. Efforts made to overcome obstacles in carrying out law enforcement, namely the need to increase socialization in the field and the stipulated legal rules must have an impact on the community so that the same case does not happen again.Keywords : Law Enforcement-Sale-the Crime of Formalin Noodles

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENIPUAN DI WILAYAH KOTA TEMBILAHAN KABUPATEN INDRAGIRI HILIR PROVINSI RIAU Irdan Hasan; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One form of crime that is still very common in society is fraud. For the unscrupulous, the crime is not so difficult to do. Fraud can be done simply by using good communication skills so that someone can convince others. Crimes in the form of fraud and embezzlement are threatened with criminal sanctions, the enforcement still lacks a deterrent effect on violations, because in criminal law enforcement it is not only sufficient to regulate an act regulated in the law, but it also requires the law enforcement agencies to implement the provisions of the lawThis type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province. The population and sample are the head of the police criminal detective unit in Tembilahan, the Tembilahan police auxiliary investigator, the Chairman of the Tembilahan District Court, Perpetrators of fraud and Victims of fraud. Data sources used are primary data and secondary data.The conclusion that can be obtained from the results of the study is the enforcement of criminal law against fraud in the Tembilahan City Region, Indragiri Hilir Regency, Riau Province, which is still not going well and there are still many frauds that occur. Fraud criminal acts that occur today can be done in various ways from simple to complex. The panel of judges who handed down the conviction verdict referred to the facts of the trial. So that some of the victims were disappointed and judged unfairly against the verdict handed down. The obstacles experienced by criminal law enforcement against fraud in the Tembilahan City Region of Indragiri Hilir Regency, Riau Province consist of law enforcement officers, legal factors and community factors. The factor of law enforcement officers is professional and understanding of fraud that has undergone development. The legal factor is difficult in terms of proof if law enforcement officers are only guided by articles in the Criminal Code. and community factors, namely the community does not fully know and understand various modes of crime, one of which is fraud. Community understanding and knowledge related to the existence of various modes of crime, one of which is fraud.Keywords: Law Enforcement, Criminal Acts, Fraud

PENERAPAN HUKUM ADAT DALAM PENYELESAIAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUMKABUPATEN LIMA PULUH KOTA SUMATERA BARAT Wialanda Wiguna; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Settlement according to customary law in Minangkabau can be done in the Nagari Judiciary in thiscase carried out by Kerapatan Adat Nagari (KAN). KAN is a customary justice body in Minangkabau. Thetask is to resolve the Sako and Pusako disputes according to the provisions as long as the custom applies inthe Nagari, in the form of a peace decision, and also to settle the customary crimes that occur. However, theapplication of customary law in the jurisdiction of District Lima Puluh of West Sumatra City is still not fullyimplemented just because of a marriage ban on my neighbor, even though it is very contrary to the existingsanctions, if there is a case of intercourse, a mandatory sentence is to marry off the parties the problem.The purpose of writing this thesis are: First, To find out the process of resolving customary sexualintercourse criminal acts committed by children in the jurisdiction of Regency Lima Puluh of West SumatraCity Second, To find out the legal consequences that occur if the settlement of sexual intercourse is donethrough customary law in the jurisdiction Regency Lima Puluh City of West Sumatra.This type of research is a sociological juridical research which means an approach by looking interms of legislation and the reality that occurs in the field.From the results of the study concluded, First, the process of resolving the crimes of customary legalintercourse carried out by children in the jurisdiction of District Lima Puluh of West Sumatra City is not yetfully implemented, this is because if there is a ban on marriage to my neighbor so that customary settlementcannot be continued even though it is very contrary to the sanction of customary punishment that alreadyexists, that is if there is a case of intercourse, then the punishment that must be carried out is to marry offthe parties who are in trouble, are expelled from the village, and excommunicated from the community.Secondly, the legal consequences that occur if sexual intercourse is carried out through customary law inthe legal area of the District Lima Puluh of West Sumatra is that it can override criminal sanctions, becausethe customary sanctions imposed with the agreement of the adat authorities, the sanctions have the samevalid force as criminal law in the Criminal Code, because these sanctions are agreements that have beenestablished by previous adat leaders.Keywords: Application of Customary Law, Copulation and Children

PENEGAKAN HUKUM TERHADAP KASUS POLIGAMI SECARA NIKAH SIRI BERDASARKAN PUTUSAN HAKIM PADA PERKARA NOMOR 363/PID.B/2013/PN.Tng DAN PERKARA NOMOR 114/PID/2007/PT.Btn Nurdianti Nurdianti; Zulfikar Jayakusuma; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Polygamy is a marriage where a partner of the sex who has more than one partner at the same time with the terms and conditions. In Article 279 of the Criminal Code it has been stated that prohibiting marriage more than once will be punishable by imprisonment of 5 (five) years if it does not meet the requirements. In decision number 363/Pid.B/2013/PN.Tng which recognizes the validity of Siri marriage and decision number 114/Pid/2007/PT.Btn which does not recognize the validity of Siri marriage against polygamists.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on the systematic system of law and examines the norms that exist in criminal law and criminal law rules, especially the Criminal Code (KUHP) and Law 1 of 1974 concerning Marriage, then the data will be analyzed based on normative-juridical.From the results of research and discussion it can be concluded that, Firstly, law enforcement in the decision of the judge against the polygamist perpetrators with case number 363/Pid.B/2013/PN.Tng that the Panel of Judges has been right in examining and deciding the case. Whereas in the decision number 114/Pid/2007/PT.Btn that the Panel of Judges was negligent in examining and deciding the case. The judge's interpretation in the above ruling is to acknowledge the validity of the marriage and not acknowledge the validity of the marriage itself. Whereas the factors causing the uneven uniformity of the judge's decision are that the judge has freedom in deciding the case, the judge's self, and the thought contingency of the judge.Keywords: Polygamy, Siri Marriage, Judge's Decision

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