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Perlindungan Hukum Terhadap Anak yang Menjadi Korban Tindak Pidana Penganiayaan Dalam Rumah Tangga di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Berdasarkan Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga TM Wawan Perdani; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Children are the next generation and successors to the development struggle as well as themandate and the gift of God Almighty, which we must always guard because in them the dignity, dignity andrights as human beings must be upheld. Legal protection for children is an effort and activity of all levels ofsociety in various positions and roles, who realize the importance of children for the nation and the nationin the future. If they are mature in their physical and mental and social growth, then they will replace theprevious generation.This research can be classified in the type of sociological legal research (empirical), which ismeant by sociological legal research (empirical) that is as a study that looks directly at the effect of theenactment of positive law on people's lives, because in this study the authors directly conduct research onlocation or place researched to provide a complete and clear description of the problem under study.Whereas viewed from the nature of the research reneline is descriptive, that is research that provides a clearand also detailed description of the problems examined by the author, namely Legal Protection AgainstChildren Who Become Victims of Torture in the Household in Pekanbaru Police Law Based on the LawNumber 23 of 2004 concerning the Elimination of Domestic Violence.From the results of the research the authors concluded, First, Protection of children in the LegalArea of the Pekanbaru City Police Resort is still not in line with expectations, because there are still manychildren who get violence and discrimination and violated children's rights while the protection that thegovernment should not provide well realized, secondly, the factors that cause obstruction of legal protectionfor children, are almost the same as law enforcement factors, which include the law, that in Law No. 23 of2004 not discussed in detail about how supervision of parents who commits a criminal act of abuse againsta child. law enforcers, that they did not regard the case as a criminal case, there was no further processregarding the perpetrators who escaped, the absence of a post mortem so there was a lack of evidence toprocess, and a lack of reports.Keywords: Legal Protection - Against Children - Victims of Torture in the Household.

PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN BUAH KOPI BERDASARKAN HUKUM ADAT BATAK KARO DI KECAMATAN BERASTAGI KABUPATEN KARO Andika Bukit; Dessy Artina; 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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Petty theft or theft of small value that is now being tried in court is enough to attract the attention of the public. The general public considers that it is very unfair. For resolution, the community recognizes the enactment of the law nationally and also grows and develops a legal system that is based on habits that exist within the community. One area that still applies customary law as a rule that is obeyed by the community is the Karo Batak Custom. The purpose of writing this thesis, namely: First, to find out the settlement of cases of theft of coffee fruit Karo Batak customary law in the District of Berastagi Karo Regency. Second, to find out the obstacles in the implementation of the case of the theft of coffee fruit legally in the Batak Karo customary law in Berastagi District, Karo District. Third, to find out the legal consequences in the settlement of coffee theft cases legally in the Batak Karo adat law in Berastagi District, Karo District.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places under study to provide a complete and clear picture of the problem under study. This research was carried out in the Singa Village, Berastagi District, Karo District, while the population and sample were all sections related to this research, the data sources used were primary data, secondary data, and tertiary data, data collection techniques, namely interviews and studies literature.From the results of the research and discussion it can be concluded that, First, the process of settling cases of the theft of coffee fruit based on the customary law of the Batak Karo in Gurusinga Village consensus. Secondly, Barriers and efforts in resolving legal problems in the Batak Karo traditional law Lack of attention from the Regional Government and the many social influences or modernization. Third, the consequences of traditional law given in the settlement of cases of the theft of coffee fruit based on the Batak Karo customary law in Gurusinga Village, Berastagi District, Karo District, traditional legal responsibility by Rakut Sitelu / Daliken Sitelu as law enforcers and decided by Pengulu Kesain / Raja Urung with the put forward Runggu in Karo language (deliberation).Keywords: Settlement-Theft-Customary Law

PENEGAKAN HUKUM TERHADAP ORANG TUA YANG MELAKUKANPEMBUANGAN BAYI DI WILAYAH HUKUM KEPOLISIAN SEKTOR RETEH INDRAGIRI HILIR RIAU Nurhasidah Nurhasidah; Emilda Firdaus; 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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Speech dumping is a crime that is increasingly prevalent, because it is a criminal offense fromthe influence of advances in science and technology that are not supported by the readiness of thecommunity to filter out any progress, consequently they are affected to do things that are not inaccordance with norms customs that apply to the community, so that the perpetrators can throw the babybecause they feel that the baby is not desirable, of course this needs to be addressed explicitly by thepolice as part of law enforcement that gives protection to the community to reveal the perpetrators ofcrime of the disposal of security and comfort for the community.In this thesis research the author uses sociological legal research. The location of the researchwas carried out in the legal area of the reteh sector. Data sources are supported by primary datasources, secondary. While data collection techniques are interviews and data studies using deductivemethods, namely analyzing general problems and then drawn to conclusions specifically based onexisting theories.From the results of the study it can be concluded that law enforcement for parents who disposeof babies in the legal area of the Reteh Sector Police is still not good because it is not processed inaccordance with applicable law by police officers in the jurisdiction of the Reteh Police Sector. Theinhibiting factor is the occurrence of criminal acts of baby disposal, namely internal factors and externalfactors that are interrelated in supporting the occurrence of criminal acts of baby disposal.Keywords: Law Enforcement - Disposal of infants – Reteh Indragiri Hilir – Riau

PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN BUAH KOPI BERDASARKAN HUKUM ADAT BATAK KARO DI KECAMATAN BERASTAGI KABUPATEN KARO Andika Bukit; Dessy Artina; 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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Petty theft or theft of small value that is now being tried in court is enough to attract the attention of the public. The general public considers that it is very unfair. For resolution, the community recognizes the enactment of the law nationally and also grows and develops a legal system that is based on habits that exist within the community. One area that still applies customary law as a rule that is obeyed by the community is the Karo Batak Custom. The purpose of writing this thesis, namely: First, to find out the settlement of cases of theft of coffee fruit Karo Batak customary law in the District of Berastagi Karo Regency. Second, to find out the obstacles in the implementation of the case of the theft of coffee fruit legally in the Batak Karo customary law in Berastagi District, Karo District. Third, to find out the legal consequences in the settlement of coffee theft cases legally in the Batak Karo adat law in Berastagi District, Karo District.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places under study to provide a complete and clear picture of the problem under study. This research was carried out in the Singa Village, Berastagi District, Karo District, while the population and sample were all sections related to this research, the data sources used were primary data, secondary data, and tertiary data, data collection techniques, namely interviews and studies literature.From the results of the research and discussion it can be concluded that, First, the process of settling cases of the theft of coffee fruit based on the customary law of the Batak Karo in Gurusinga Village consensus. Secondly, Barriers and efforts in resolving legal problems in the Batak Karo traditional law Lack of attention from the Regional Government and the many social influences or modernization. Third, the consequences of traditional law given in the settlement of cases of the theft of coffee fruit based on the Batak Karo customary law in Gurusinga Village, Berastagi District, Karo District, traditional legal responsibility by Rakut Sitelu / Daliken Sitelu as law enforcers and decided by Pengulu Kesain / Raja Urung with the put forward Runggu in Karo language (deliberation).Keywords: Settlement-Theft-Customary Law

PERTANGGUNGJAWABAN PELAKU PIDANA PORNOAKSI YANG VIDEONYA DISEBARKAN OLEH ORANG LAIN Reni Marbun; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Pornography is not just worrying and tarnishing the good name and detrimental to the honor of others and very degrading surrounding. Besides that, talking about the crime of porno-action in the mass media at the moment is inseparable from criminal liability against the spread of porn-action which results in the ease of people being able to access internet sites. Therefore it is necessary to examine the problem in this study is how is the criminal responsibility of the perpetrators of pornography whose videos are spread by others, and whether the perpetrators of pornography spreaders can be accounted for by criminal law.This research is a normative legal research, in which this normative legal research is carried out by examining library materials or secondary data consisting of primary, secondary and tertiary legal material, which examines the legal principles contained in the Criminal Law Code. This study uses descriptive research, because the author intends to provide a clear and detailed description of the Criminal Liability of Porno Actors whose Video is distributed by others.From the results of the study, it was concluded that the criminal liability of pornography perpetrators whose videos were distributed by others has not been carried out to the maximum extent possible by law enforcement officials because regulations related to criminal acts are very weak because they have not been well socialized and comprehensive, and viewed from the point of view of law enforcement officials who do not understand all the current regulations so that they have not been carried out out of the three rules, namely the Criminal Code, Law Number 44 Year 2008 Regarding Pornography and Law Number 19 Year 2016 Amendment to Law Number 11 of 2008 concerning Transaction and Electronic Information.Keywords: Invistigation-People Smuggling- suspect

URGENSI KRIMINALISASI TERHADAP ANAK PELAKU HOMOSEKSUAL DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Lamtiur Siregar; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Homosexual or same-sex sex, now is not a new thing in Indonesia.The reality of the existence of homosexuals knows no age restrictions;profession; and social and religious status. Criminalization efforts throughJudicial Review are only aimed at people with certain sexual orientation,such as LGBT or Lesbian people; Gay; Bisexual; Transgender. If you lookfurther, the Judicial Review or test material submitted by the applicant isaimed at all people regardless of their sexual orientation, both those whohave homosexual or heterosexual orientation.This type of research is normative legal research, because in variouscases the issue that is rife among Indonesian people. Children asperpetrators of same-sex acts between men and men (Gay) or women andwomen (lesbians) and even the nature of this research is descriptive, thisstudy provides an overview of the main problems namely homosexuality inthe renewal of Indonesian criminal law.From the results of this study that it is very important to do theUrgency of criminalization for children as homosexuals who should bechildren as the successor of the nation. Criminalization aims to createlegal certainty for the protection and welfare of the community, so it isvery important to do the rules in terms of actions that can be accounted foreven if the child cannot be sanctioned, the author is very enthusiastic insupporting this paper so that the rules of behavior of the child as an actorare carried out homosexuals in Indonesian society.Keywords: urgency, child homosexuals, criminalization

MODEL PENYELESAIAN TINDAKAN PELANGGARAN PEMANFAATAN BIOTA LAUT MENURUT HUKUM ADAT MELAYU MANDAH RIAU Tri Mukti; Davit Rahmadan; 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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Violation of the use of marine biota in Mandah Subdistrict occurs because in Mandah Subdistrict the population is mostly fishermen. From this abundance of sea and river products, there are some irresponsible people who catch fish by means of centrums and poisoning. Which will result in the exhaustion of large fish populations down to small fish and this is very damaging to the surrounding environment. As happened in the Simar village, Mandah District, because of his fishing activity at the center, he himself was hit by the throttle. This is a concern for the Mandah Malay Customary Institution to determine the laws that apply to its society. This research is classified as sociological research, because in this study the author directly conducted research at the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Malay Customary Institution, Mandah District, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, and secondary data, and tertiary data, data collection techniques in this study. conducted by interview, and literature study. The results of the research include: First, the model for solving crimes using marine biota according to LAMR Mandah, the community is not allowed to buy the proceeds from their arrest and will be followed up by the authorities if it is still sustainable. Second, the role of LAMR in its duties is to guide, develop, and implement as well as guard the customary values of Malay Culture to the community. Third, one of the obstacles faced is the lack of awareness of the perpetrators to stop fishing using a centrum tool, the lack of awareness that if this continues it will have an impact on the population of extinct biota, and usually the modus operandi that often occurs by the perpetrators doing their actions at night. , so that it seems secretive and when community activities are gone. Keywords: Utilization of Marine Biota, Riau Malay Traditional Institution, Actors

ANALISIS YURIDIS PERBANDINGAN PUTUSAN PENGADILAN TERHADAP APARATUR SIPIL NEGARA DAN MASYARAKAT YANG MELAKUKAN TINDAK PIDANA DI INDONESIA Janri Aldo S; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Torture is defined as an act that is done deliberately to cause pain (pijn) for wounds (letsel) on another person's body. Others understand that persecution is "intentionally causing pain or injury, that intention must be included in the accusation letter". Persecution as a form of crime is a social problem that is difficult to eliminate in society. Persecution can occur anywhere and anytime and anyone can commit these crimes. One of them was an incident in the Meranti Islands Regency, which was carried out openly and jointly in public and resulted in the death of unscrupulous members of the Meranti Islands resort police, and clearly violated the rules of the police law. In this problem there are two main problems, namely , What is the basis for the judge's consideration in making the decision and how ideal is the criminal law against members of the Police who have committed serious acts of torture resulting in death. Based on the results of research and discussion, the authors can draw the conclusion that the factors causing the crime of persecution committed by the State Civil Apparatus in the Meranti Islands Regency are internal factors and external factors. Internal factors are factors that come from within the perpetrator, the perpetrator feels upset and emotional at the time of the incident so that the lack of self-control by the State Civil Apparatus, these emotional factors have an impact on the perpetrator to commit a crime so that there is persecution by the perpetrator against the victim. As well as the factor of lack of awareness of the existence of a code of ethics that applies as the perpetrator is a State Civil Apparatus who carries out state duties as a good example for society. External factors are factors from outside the perpetrator where economic factors, weather factors, and circumstances can also greatly influence the occurrence of crime. Keywords: Persecution, Civil Servants.

IMPLEMENTASI PEMBEBASAN BERSYARAT YANG DITERAPKAN DI RUMAH TAHANAN NEGARA KLAS II B RENGAT Hilda Febriani; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Implementation of Parole is a coaching program to integrate prisoners and correctional students into community life after fulfilling specified requirements. activities to foster correctional fostered citizens based on systems, institutions and ways of fostering which constitute the final part of the criminal justice system in the criminal justice system for fostered citizens in detention centers in the IIB Rengat state already run the proper process in the penitentiary concept to foster fostered citizens to be better. Based on this understanding, the writer of this thesis formulates two problem formulations, namely: first, how is the implementation of conditional release applied in the Class II B Rengat state prison, second, what are the obstacles in the implementation of conditional release in the class II B Rengat state prisonIn the research results there are two main problems that can be concluded. First the granting of parole which has not been fulfilled according to applicable law. These two obstacles are still obstacles for prisoners who apply for paroleThis study uses an approach. This research is a sociological legal research, which is a study of the effectiveness of existing laws or research on legal identification. This means that reviewing the state of the problem in the field is related to the legal aspects that apply in the community and governing the problem. Because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. in terms of its nature, this research is made Descriptive, namely research that describes various facts and facts contained in social life in depth.Keywords: Implementation, Parole, Detention Center

PERAMPASAN ASET KORUPTOR MELALUI MEKANISME NON CONVICTION BASED ASSET FORFEITURE SEBAGAI EFEKTIVITAS PENGEMBALIAN KERUGIAN NEGARA BERDASARKAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003 Ramadhana Ari Pratamas Bangun; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Efforts to confiscate corrupt assets tend not to be easy to do, because corruptors often hide assets resulting from their crimes abroad that are difficult to penetrate the country's law. Assets resulting from crime are stored in various forms, one of which is in the form of a bank account. Therefore, there is a solution and a breakthrough contained in Article 54 Paragraph (1) letter c of UNCAC 2003, namely deprivation of assets without punishment which is one of the efforts that can be made to return assets to the state or to parties entitled to ownership of unnatural assets that are not allegedly due to a crime that must not be preceded by criminal charges. This is considered effective in recovering state losses due to corruption. The formulation of the problems in this study are First, How is the relationship of deprivation of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of state loss recovery based on the 2003 United Nations Convention Against Corruption (UNCAC) related to human rights? Second, how is the ideal arrangement and implementation of the seizure of corrupt assets through the mechanism of non-conviction based asset forfeiture as the effectiveness of returning state losses in Indonesia?The research method used is the type of normative legal research or library law research. The study was conducted on legal principles and legal comparisons related to the problem under study. This research was obtained by studying and studying books, laws and regulations, various scientific works, and others. Data analysis in this research was carried out qualitatively and quantitatively.The result of this research is that the mechanism of appropriation of assets without criminal punishment does not violate the human rights of a person's right to own assets or assets, while the assets owned come from a legitimate source. However, for assets or assets originating from proceeds of crime and causing state financial losses, the confiscation of these assets must be carried out. This is precisely as a form to restore state finances and restore other human rights that have been violated by the perpetrators of corruption. In relation to human rights, confiscation of assets without punishment does not violate the presumption of innocence and the principle of non-self-incrimination inherent in the perpetrator. Furthermore, it is necessary to immediately adjust or adjust the laws and regulations in Indonesia relating to crime, especially corruption, regarding the mechanism of appropriation of assets without punishment as offered in UNCAC 2003 and has been ratified by the Government of Indonesia with Law Number 7 Year 2006. Then, the Government of Indonesia (both executive and legislative) immediately finishes the discussion of the Draft Law on the Seizure of Asset Without Criminalization.Keywords: Confiscation, Assets, NCB, State Losses, UNCAC.

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