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Ferawati Ferawati
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EFEKTIVITAS PENGGUNAAN E-TILANG TERHADAP PELANGGARAN LALU LINTAS DI KOTA PEKANBARU M Hafidh Novaldi; Mukhlis R; Ferawati Ferawati
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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The application of e-tickets is an effective option to achieve the target in theimplementation of tickets for traffic violators so that it is expected to be a solutionin solving unwanted things when prosecution takes place. Basically, the issuing ofa ticket and the trial mechanism is similar to a regular ticket. What makes thedifference is the presence of an electronic recorder to record driver errors. Article272 Paragraph (1) of the Law on Road Traffic and Transportation can useelectronic equipment, which is further regulated in Article 23 of the GovernmentRegulation of the Republic of Indonesia Number 80 of 2012 which stipulates thatthe prosecution of traffic and road transportation violations.The objectives in writing this thesis, namely: First, For knowingeffectiveness from e -ticket in reduce number violation then traffic at the policestation Pekanbaru . Second, For knowing obstacle and effort resolve obstacle thein enforcement e - ticket system on moment this , use smoothness enforcement e -ticket system in the future come . The type of legal research used by the author isa sociological legal research type. This sociological research is a type of researchthat is viewed from a legal point of view.From the results of the study, it was found that the electronic ticket receiveda good response and the community agrees with the existence of an E-ticket inPekanbaru City, because the existence of an E-ticket This ticket can increasepublic awareness and awareness as well more obedient to traffic rules eventhough there are no police. Next E-Ticket can also decrease the number of trafficviolations in Pekanbaru City and E-ticketing system is more transparent becausethere is recorded evidence and fines the money is sent directly to the State, sothere is very little chance of there is bribery. Barriers found in the implementationof E-tickets in handling traffic violations concerning the condition of humanresources in the implementing the synergy of public services, the ticketing systemis still not optimal implemented from the aspect of quantity and quality ofpersonnel. Author's Suggestions, First, hold a socialization regarding the e-ticketsystem from enforcement officers law.Keywords: E-Tickets-Traffic Violations-Pekanbaru Police
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP SANTRI KORBAN KEKERASAN DI PONDOK PESANTREN KECAMATAN TAMBANG KABUPATEN KAMPAR Muhammad Siddiq; Davit Rahmadan; Ferawati Ferawati
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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KEBIJAKAN KRIMINALISASI TERHADAP APARAT PENEGAK HUKUM YANG TIDAK MENERAPKAN ASAS PRADUGA TAK BERSALAH DALAM SISTEM PERADILAN PIDANA Mohamad Ikrom; Mukhlis R; Ferawati Ferawati
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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Code of Criminal Procedure Code Law Act 8 of 1981 on the Code of CriminalProcedure Code, is actually one of the formal rules for the law officers to give suspects rightsas civilized human beings in dealing with criminal law. However, the data shows that theoccurrence of violations of the presumption of innocence during the process of finding evidenceis a very high case as the top of the iceberg. Therefore, as an effort to overcome violence andviolations of the presumption of innocence in the investigation process and the importance ofcreating a paradigm new law, in order to change the public's perspective on the lack of trustin law enforcement officers. When a suspect is determined, it is necessary to carry out the ideaof a criminal sanction law as regulated in Article 18 of Law Act 9 of 1999 on the Press topresent a law that is more appropriate in responding to modernization needs.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 discussion and research conducted, there are severalconclusions obtained, namely: First, the imposition of sanctions on law enforcement officerswho do not apply the principle of the presumption of innocence is not regulated at all in theIndonesian positive legal system, only regulated by the application of the principle ofpresumption of innocence in Indonesia. Law Number 48 of 2008 concerning Judicial Power,so that cases of violation of the rights of suspects in the fact-finding process become normalfor the apparatus. Second, the increase in criminal sanctions in the form of imprisonment andfines is an idea that is formulated by taking into account the views of life, awareness and legalideals, as well as the philosophy of the Indonesian nation originating from Pancasila and thePreamble to the 1945 Constitution of the Republic of Indonesia.Keywords: Ideas – Criminal Sanctions – Presumption of Innocent
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MENENTUKAN BERAT RINGANNYA PIDANA DALAM TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 373/PID.B/2020/PN.PDG) Husnul Khotimah; Mukhlis R; Ferawati Ferawati
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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The main problem in this study is how the judge's consideration in making a decision onthe criminal act of persecution that resulted in death in the decisionNumber.373/Pid.B/2020/Pn.Pdg. The purpose of this thesis is first, to find out the suitability ofthe judge's considerations which declared the defendant guilty of committing a criminal act ofpersecution that resulted in death with the actions that the defendant did in the decision Number373/Pid.B/2020/Pn.Pdg. Second, furthermore, to find out the suitability of the criminalimposition by the judge in case Number. 373/Pid.B/2020/Pn.Pdg in terms of the purpose ofpunishment.This study uses a normative juridical approach, in this study focused on the study of legalprinciples, especially on the principle of justice in Case Number 373/Pid.B/2020/Pn.Pdg. theapproach taken is to use descriptive qualitative analysis techniques, in data collection used themethod of literature review. The data sources used are primary and secondary legal materials.The conclusions obtained from the results of the study are first, the judge's considerationin the decision Number 373/Pid.B/2020/Pn.Pdg is not in accordance with the actions that thedefendant did. The judge did not consider the non-juridical aspects of the defendant, and theelements in Article 8 paragraph (2) No 48 of 2009 concerning Judicial Power and the elementsof Article 48 and Article 49 of the Criminal Code, especially the element of self-defense, thejudge also did not consider the position of the accused at that time as a security guard whocarried out his duties. Second, the judge's decision (case study Number 373/Pid.B/2020/Pn.Pdg)is not in accordance with the purpose of sentencing, the decision is contrary to the purpose ofsentencing, the defendant cannot be said to be a criminal and the defendant's actions cannot besaid to be a bad act. so that there is no reason or purpose of sentencing that can justify theconviction of the defendant.Keywords: Consideration- Judge- Heavy- Lightness-Criminal
PERTIMBANGAN HAKIM DALAM MENERAPKAN ALAT BUKTI PETUNJUK DALAM MENJATUHKAN VONIS HUKUMAN PADA TINDAK PIDANA PERTAMBANGAN EMAS ILEGAL DI KABUPATEN KUANTAN SINGINGI Nanda Efrialis; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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Based on the author's observations in the field, it can be seen that in the illegalgold mining area there are former mining excavations in the form of small lakes filledwith yellow-brown water, beside the holes are piled hundreds of cubic stones mixedwith sand from mining residue, while the trees around it looks dry. The law explainsthat the minimum prison term for activities related to the environment is one year, sothat according to the author's assumption, the application of threats in one of thesample cases is less effective. Law enforcement is the efforts taken by the government oran authority to ensure the achievement of a sense of justice and order in society byusing several devices or tools of power, both in the form of laws, to law enforcersincluding the police, judges, prosecutors, and others. lawyer.When viewed from the type, this research is classified as sociological legalresearch, namely research obtained directly from the community or primary dataresearch. The data collection method in this research is the documentation method. Tocollect the data referred to above, the following techniques were used: Libraryresearch. This is done by searching, recordifng, taking inventory, studying data in theform of library materials, and analyzing these data. Observation is a complex process,a process composed of various biological and psychological processes. Observationcan also be said as a method carried out by direct observation of the object of research.From the results of the research and discussion of considerations adjusted toArticle 158 of the Law of the Republic of Indonesia Number 3 of 2020 concerningAmendments to Law Number 4 of 2009 concerning Minerals and Coal in conjunctionwith Article 55 paragraph (1) 1 of the Criminal Code, the elements of the panel ofjudges are considering Not “everyone”, Not “who conducts mining without a permit”,Who commits, orders to do, or participates in carrying out actions. The obstaclesencountered in the application of the evidence guide for judges in passing a criminaldecision on illegal gold mining in Kuantan Singingi Regency consisted of theperpetrators not recognizing the evidence and the difficulty of evacuating the evidence.Keywords: Criminal, Judge's Consideration, and Illegal Gold Mining
MODEL PENANGGULANGAN TINDAK PIDANA PENCURIAN OLEH BHABINKAMTIBNAS DI WILAYAH HUKUM KEPOLISIAN RESOR BENGKALIS Andria Familta; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
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The crime level is increasing every year. Especially in the current pandemic situationwhich causes many laid off, control on activities outside the home and the lack of jobs thatmakes the unemployment rate increases. while the necessity of life must be fulfill every day.This kind of situation sometimes making someone taking a short cut by stealing. Criminal actof theft regulated in Criminal code second book about crime against property.Bhabinkamtibnas is part of division police duty. Bhabinkamtibnas is regulated in IndonesianNational Police Chief Regulations No. 3 of the 2015 on the community policing. Handlingminor crimes is classified to problem solving process by Bhabinkamtibnas based onagreement together without any pressure from any side. The purposes of this research is tofind out the Factor that can caused criminal act of theft and to know the specimencountermeasures of the criminal act of theft in the region Police Bengkalis. This research issociological law research because the data obtained directly in place. This research wasconducted in the region Police Bengkalis. The population and sample is all participant thatrelated to research problem. This research uses sources consisting of primary, secondary,and tertiary legal materials. Data collection technique come through by doing someobservation, interview and questionnaire. This research also used qualitative data analysisand produced descriptive data.From the research result, there’s two main thing that can be concluded. First, thefactors caused criminal act divided by two. Internal factors included individual/religion,education and economic and external factors included neighborhood, by chance andcommunity development system. Second, Bhabinkamtibnas has their new crime preventionmodels to press crimes by build some collaboration with footwear business of village ownedby enterprises, doing some guidance and socialization, visiting every house and problemsolving. There’s two advices from the research. First, number of members Bhabinkamtibnasneed to be increased will make the implementation of the task could be optimal. Second,people need to be more open with someone was commited crime. This stigma needs to bebreak because everyone has their own dark path and they have a chance to be better thanbefore.Key word: criminal act of theft, Bhabinkamtibnas, crime prevention models.
URGENSI NEGARA INDONESIA MERATIFIKASI ICRW (THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING) UNTUK MELEGALKAN PERBURUAN PAUS SECARA ADAT (ABORIGINAL SUBSISTENCE HUNTING) DI INDONESIA (STUDI TENTANG PERBURUAN PAUS YANG DILINDUNGI DI DESA LAMALERA) Socha Salsabila Riyadi; Maria Maya Lestari; Ferawati Ferawati
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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Indonesia has a well-known tradition of hunting whales in Lamalera Village, LembataIsland, East Nusa Tenggara, which has been carried out for hundreds of years for food needs.However, unlike countries where people also hunt lagoons, Indonesia does not have regulationsgoverning traditional hunting. In fact, Indonesia does not yet have regulations that provide adefinition of what traditional hunting is, either legally or customary law, and whether traditionalhunters may catch protected species.The type of research conducted can be classified as normative-juridical research wherethis research is more specific on the importance of the Indonesian state to ratify the InternationalWhaling Commission and the legal systematics of regional conventions and rules. The authoralso uses the principle of Free Prior and Informed Consent to ensure that the law and the rightsof indigenous and tribal peoples are guaranteed and respected.From the results of the research it was found that, first, there is no regulation regardingcustomary hunting in Indonesia so that the status of whaling carried out by the Lamalera peopleis still illegal. According to state law, Indonesia has not ratified the International WhalingConvention, which makes customary hunting status not recognized in international law.Keywords: Whaling, Aboriginal Subsistence Hunting, Indigenous People, EnvironmentalLaw, Urgency
PERTANGGUNG JAWABAN PEMILIK HEWAN PELIHARAAN ANJING YANG MELUKAI ATAU MEMBAHAYAKAN JIWA ORANG LAIN Yuri Prayoga A.; Erdianto Effendi; Ferawati Ferawati
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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Criminal law recognizes the principle of criminal responsibility. Ideally, regulationsthat uphold justice are not only burdensome to one party, be it the perpetrator or the victim.In this study, there are two main issues: First, what is criminal liability for dog owners whoendanger the lives of other people, second, what are the specific standards and ideas forappropriate sanctions for the future related to the problem of keeping dogs in the future.The objectives of this minithesis are: First, to solve the problem of criminal liabilityfor dog owners who endanger other people's lives. Second, To find specific standard answersand appropriate sanction ideas related to dog rearing problems in the future. The authorconducted research using normative juridical methods or literature studies.From the research results there are two main things that can be concluded. First, thecriminal liability of dog pet owners who endanger the lives of other people. In criminal law,the liability of pet owners who endanger the lives of others uses the rules on negligence.Whoever because of his fault (negligence) causes another person to die, shall be punished bya maximum imprisonment of five years or a maximum light imprisonment of one year. Second,specific standards and appropriate sanction ideas for the future related to keeping dogs in thefuture. Because there are no specific regulations related to keeping dogs, special standardsfor keeping dogs must be formulated, namely dog keeping permits, cages that are largeenough, chain ties according to the size of the pet dog, adequate and good care and feeding.Furthermore, the idea of the right sanction for the future in the case of a pet dog that killsanother person depends on the consequences caused by the dog. We also see the over capacityfactor of prisons in Indonesia. So the sanction does not have to be just imprisonment. Can bereplaced with a fine or imprisonment.The author's suggestion in this study, suggests the importance of socialization by theauthorities regarding the maintenance of good and correct dog pets in society. As we know,many Indonesian people are interested in keeping dangerous animals. Especially dogs as pets.Must remind each other in living everyday life. If there are our neighbors who keep dogs anddo not implement a security system that guarantees the safety of the owner and neighborsaround the house. Suggested that there is a need for special arrangements regarding themaintenance of dog pets in Law no. 41 of 2014 changes to Law no. 18 of 2009 concerningAnimal Husbandry and Health. Because there are no specific rules governing the maintenanceof dogs.Keywords: Criminal Liability-Pet Dogs-Special Standar
KEBIJAKAN HUKUM PENGENAAN SANKSI TINDAKAN BERUPA PROGRAM LATIHAN KERJA BAGI ORANG TUA YANG MENGEKSPLOITASI ANAK DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA Ade Mulyani; Erdianto Effendi; Ferawati Ferawati
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 the explanation of Article 76I of the Child Protection Act, it is explainedthat everyone is prohibited from placing, allowing, doing, ordering to do orparticipate in economic and/or sexual exploitation. However, until now variouskinds of problems regarding child protection are still difficult to handle, sanctionsagainst parents or anyone who exploits children, both economically and/orsexually, is a maximum imprisonment of 10 years and/or a maximum fine of Rp.200 million. However, to determine criminal sanctions often cannot be applied bythe authorities for several reasons. One of them is a dilemma by the police whoare in charge of arresting the perpetrators, in cases of child exploitation becauseparents are forced to send their children to work to help them make ends meet.The main problems in this research are: How is the regulation related to childexploitation in Indonesia's current positive law; How is the effectiveness of thelegal policy regulating the imposition of sanctions for acts of exploitation ofchildren by parents in the renewal of Indonesian criminal law.The type of research used in this research is normative legal research or itcan also be called doctrinal legal research. Normative legal research is librarylaw research. This research focuses on legal principles. The legal principle usedis the principle of expediency.In connection with the application of sanctions for perpetrators of childexploitation, both economically and sexually as mentioned above, the authors didnot find a solution to the imposition of criminal sanctions and fines. This isbecause criminal sanctions and fines do not deter perpetrators, but it becomeseven more difficult when it is seen again that the factor that causes them to exploitis the absence of proper work, which is able to provide for their lives. If there areother sanctions that can provide pre-employment guidance, then the number ofcases of child exploitation will decrease because in this case the perpetratorshave received briefings to continue work in accordance with their respectiveskills. There needs to be special rules and their solutions that discuss theexploitation of children who are used by parents, especially economically. It ishoped that there will be action sanctions in applying sanctions in cases of childexploitation, in the form of a training with self-reliance development with severalJOM Fakultas Hukum Univ Riau Vol. IX Edisi 2 Juli - Desember 2022 Page 2programs such as skills to support independent businesses, which are realized inthe form of handicrafts, industry and households.Keywords: Child Exploitation - Parents - Action Sanctions.
PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI PROSESI MANDOA PERDAMAIAN DI DESA KETAPING JAYA KECAMATAN INUMAN KABUPATEN KUANTAN SINGINGI Jodi Saputra; Mukhlis R; Ferawati Ferawati
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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This research is related to the settlement of criminal acts of persecution through a peace prayerprocession in Ketaping Jaya Village, Inuman District, Kuantan Singingi Regency. Settlement of problemsbetween perpetrators and victims of criminal acts of persecution is not only resolved in the criminaljustice system as a formal settlement, but in the community the settlement through customary law, namelythe peace prayer procession, can be a solution or way of resolving criminal acts of persecution. Thereforeit is necessary to study, first, the process of resolving the crime of persecution through a peace prayerprocession, as well as the impact of this settlement on the level of crime in Ketaping Jaya Village, InumanDistrict, Kuantan Singingi Regency, secondly the influence of the mechanism for solving the crime ofpersecution through the peace prayer process on recidivists in reducing/preventing criminal acts ofpersecution.This research is a sociological law research, because it is based on field research, namely bycollecting data from observation, interviews, and literature studies that have to do with problems usingqualitative data analysis, producing descriptive data, and concluded with a deductive thinking method.From the results of the study, it was concluded that, first, the settlement of the crime ofpersecution through a peace prayer procession in Ketaping Jaya Village, Inuman District was effective,because the settlement had a positive impact on reducing crime rates in Ketaping Jaya Village. However,there are still weaknesses, namely the settlement process takes quite a long time because the partiesinvolved, especially the ninik mamak of both parties, can delay the predetermined settlement time forpersonal reasons and unilaterally. Second, the completion of the crime of persecution through the peaceprayer procession greatly influences the recidivist in reducing or preventing the crime of persecution. Inaddition, this settlement also affected the behavior of the perpetrators and the surrounding community,which became better than before due to fear of sanctions, be it fines or social sanctions.Keywords: Customary Law-Persecution-Prayer for Peace-Recidivist
Co-Authors Abdur Rivai Achmad Noerkhaerin Putra Ade Mulyani Ade Satria Habibillah Adisti Rastosari Ahmad Zuhri Al Qudri Alqaf Harto Maryono Ananda Putri Rihenda Andika Bukit Andria Familta Anita Rahmayuni Arif Yuliansyah Asri Qhornelis Putri Bela Islami Cyntia Ayustika Fitria Dandy Gilang Mandala Putra Azwan Davit Rahmadan Deby Rahmatul Fitri Desi Yana S Dessy Artina Dika Nofira Hardiyanti Doni Anggarda Paramitha Dwi Anggun Pratiwi El Latifa Sri Suharto Eliyani Esther Marlina Elmayanti, Elmayanti Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Erdianto Erdianto Erpomen Erpomen Evi Deliana HZ Fajrona, Kadran Fatma Dewi Fazly Mahatma Putra Gautama Negara Febby Widya Ferdinan P L Tobing Feriska Bulan Mutia Firman Firman Hamdani . Hary Febrianto Hervi Alfathira Natasya Hilda Febriani HUSNUL KHOTIMAH Iffana Hayu Indah Aidina Prihadi Indah Tri Wahyuni Irdan Hasan Irvan Suherry Isriany Ismail Janri Aldo S Joana Petra Naomi Jodi Saputra Khairunnisa Khairunnisa Khalil Khalil Lamtiur Siregar Latifah Alkhairiyah Lesti Hardianti Linda Suhartati M Hafidh Novaldi Maria Hose Sihombing Maria Maya Lestari Masdiana Simbolon Mexsasai Indra Mohamad Ikrom Mohammad Said Muhammad Alkasah Muhammad Siddiq Mukhlis R Munifah Wahyuddin Nanda Efrialis Nina Ismayani Nova Putri Nurdaonah Nurdaonah Nurdianti Nurdianti Nurhasidah Nurhasidah Nursalam Hamzah Orde Prianata Pusaka, Semerdanta Rahayu Khairiah Rama Setyo Prakoso Ramadhana Ari Pratamas Bangun Rayonnita Rayonnita Reni Marbun Reswati, Reswati Reynaldi Reynaldi Robi Amizar Rocky Handika Tarigan Rullyansyah Qotni Putra Rusli, Ridho Kurniawan Salsa Annisya Anggraini Sayladito Sitinjak Sepri Reski Siti Zuleha Socha Salsabila Riyadi Sri Indrayani Sri Melia Sridevi Ronauli Tengku Reviandi Wahyu Samudra TM Wawan Perdani Tri Meri Handayani Tri Mukti Vannesah Nara Tasya Halim Viandras Billy Gustama Warni Susila Wialanda Wiguna Wizna Wizna Yesi Chwenta Sari Yolanda Rizky Rinaldi Yolani Utami Yudha Chandra Pranata Yuherman Yuherman Yulianti Fitri Kurnia Yulius Wibisono Prakosa Putro Yuni Angraini Yuri Prayoga A. ZK Abdurahman Baizal Zulfikar Jayakusuma