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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Hukum Islam
Erdianto Erdianto
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Law, Crime, Criminology & Criminal Justice

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UPAYA LEMBAGA ADAT BATAK DALIHAN NATOLU DALAM PENCEGAHAN KEKERASAN PADA ANAK DALAM KELUARGA DI KECAMATAN PANDAN KABUPATEN TAPANULI TENGAH Conny Ofta Tiani Br Tompul; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Children are often victims of violence so that family has a very important role for children, because inessence of the family is the first place for children to acquire knowledge, mental development, and personalityformation, while the purpose of this research is to see the efforts of the Dalihan Natolu Batak TraditionalInstitute (LABDN) in preventing violence against children in the family. The customary law that applies, namelyDalihan Natolu, is a cultural system in which for the Batak people the values it contains are used as a way oflife and at the same time a source of motivation for behavior.The type of legal research used by the author is a sociological legal research. Sociological law researchis research that wants to see the correlation between law and society, so as to be able to reveal the effectivenessof the enactment of law in society. The research location was conducted in Pandan District, Central TapanuliRegency. Sources of data used are primary data and secondary data, data collection techniques in this study arequestionnaires, interviews, and literature review, and concluded with a deductive thinking method.From the results of this study it was concluded that First, efforts were made to socialize to the communityabout violence against children, working with traditional elders to apply local wisdom values, giving customarysanctions to perpetrators of violence against children. Second, the obstacles experienced by thecommunity/families are not reporting, the view that violence is for educating children, regional conditions andlack of budget.The author's suggestion is that the government should pay more attention to the existence of the DalihanNatolu Batak Traditional Institution, special institutions dealing with children are able to work together withtraditional institutions to jointly prevent child abuse and everyone should care more about the existence ofchildren so that they are wiser in educating children.Keywords : Dalihan Natolu Batak Traditional Institute – Prevention -- Violence of children
TINJAUAN MENGENAI TINDAK PIDANA PELECEHAN SEKSUAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA DIKAJI DARI PERSPEKTIF GENDER M. Arief Deka Rizqi; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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As a follow-up to the incomplete regulations, the government passed Law No. 12 of 2022concerning Crimes of Sexual Violence which in the Act does not limit the perpetrators or victims.This means that harassment by men against women and vice versa or by men against men and viceversa is still considered an act of sexual violence . Even so, we cannot close our eyes that sexualharassment and violence against men does exist and needs to be eradicated just like sexualviolence against women .The purpose in writing this thesis, namely: First , To Know Formulation of the Crime ofSexual Harassment in the Criminal Justice System Reviewed From a Gender Perspective . Second,To know Criminal Law Policy Against Countermeasures Gender Based Sexual Harassment .Type research used in study This is study law normative . In study normative This writer dostudy to principles of law .From the results of the study it was found that the formulation of the crime of sexualharassment in the criminal justice system in Indonesia, especially against men, is in Article 5 andArticle 6 of the TPKS Law where the main punishment can be in the form of imprisonment andspecial rehabilitation, and additional punishment can be in the form of compensation, deprivationprofits derived from criminal acts, social work, special coaching, revocation of parental rights,revocation of political rights, and revocation of the profession. This form of punishment provides ahigher burden of deterrent effect. Not only sentenced to prison, but also other additional crimesthat are also more burdensome. Legal Policy criminal action against gender-based sexualharassment efforts is through the means at outside of criminal law ( non-penal policy ), namely inthe form of preventive measures such as provide an understanding of gender-based harassment byorganizing special classes, such as Weekend Class . This should be a crime prevention effort whoare at the forefront, because as the saying goes that prevention is better than cure.Author's suggestion, First, the Law on Sexual Violence Crimes must be implemented moreoptimally so that the use of articles in cases of sexual violence becomes more targeted.Second, protection for victims of sexually harassing behavior must be maximized and become thefocus government's role in law enforcement .Keywords: Sexual-Gender-Criminal Harassment
PENERAPAN SANKSI PIDANA ADAT DALAM PENYELESAIAN PERKARA PIDANA RINGAN DI DESA SINTONG BAKTI KECAMATAN TANAH PUTIH KABUPATEN ROKAN HILIR Muhammad Fahlebvy; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The Unitary State of the Republic of Indonesia is a country that has many tribes andvarious cultures that make us a nation rich in values that are hereditary and are inheritedfrom generation to generation. The 1945 Constitution serves as the basis and reference inevery regulation making and implementation in the Republic of Indonesia. Article 18 bparagraph 2 of the 1945 Constitution recognizes and respects customary law communityunits and their traditional rights as long as they are still alive and in accordance with thedevelopment of society and the principles of the Unitary State of the Republic ofIndonesia, which are regulated in the law. In this case the State has clearly stated that itrecognizes and provides clear rules regarding customary law communities where thiscustom is an unwritten rule and becomes a living value in the midst of Indonesian society.This research belongs to sociological legal research, namely research that wants to seethe correlation between law and society with the gap between das sollen and das sein.This research was conducted in the areas of Sintong Bakti Village and Sintong Village,while the population and sample were the Traditional Heads of Sintong Bakti Village,Head of Sintong Bakti Village, Community Leaders and the Sintong Bakti VillageCommunity. The data sources used are primary data, secondary data and tertiary datawith data collection techniques by means of interviews and literature review.From the results that the settlement of minor cases that occurred in the village of Sintongthrough customary law is very effective, because in fact the customary law in the villageof Sintong still exists and is highly respected by the people in this village of Sintong. Andthe settlement of minor crimes through customary law can regenerate the family systemin the midst of society, so that punishment is no longer made as an arena for revenge.Through this system it can be a means to maintain local wisdom. In the application ofcustomary criminal sanctions, this becomes a challenge that customary stakeholders musthave the courage to take, considering that the case is their own nephew. In terms ofimplementation, all concepts that prioritize deliberation have been carried out.Key Words: Misdemeanor Crime, Customary Crime, Traditional Deliberation
PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA DARIPADA REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA DI PENGADILAN NEGERI PEKANBARU KELAS IA Fijai Sanjaya; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This thesis aims to find out the considerations of judges in imposing prisonsentences on narcotics abusers at the Pekanbaru District Court Class IA.Narcotics abuse is a serious problem that affects society at large. Judges asimportant decision makers in the criminal justice system play a role in decidingwhether narcotics abusers should be given prison sentences or given otheralternatives such as rehabilitation. This study aims to determine theconsiderations of judges in making decisions on imprisonment and the factors thatinfluence it at the Pekanbaru District Court Class IA. In Law Number 35 of 2009concerning Narcotics it is explained that Narcotics abusers must not be jailed butsentenced to Rehabilitation because the Narcotics Law guarantees abusers getrehabilitation efforts (Article 4d). In this writing, the writer focuses on NarcoticsAbuser, who in practice, the view of Narcotics Abusers as perpetrators of crime isstill more dominant than the health and healing approach to Narcoticsdependence. The purpose of writing this thesis: first, to find out what are theobstacles faced by Class IA Pekanbaru District Court Judges to ProvideRehabilitation for Narcotics Abusers. Second, to find out what the PekanbaruDistrict Court Judge considers in imposing prison criminal sanctions on narcoticsabusers. Third, to find out what are the efforts to overcome the obstacles toimplementing the rehabilitation of narcotics abusers. The research methodologyinvolves collecting primary data through interviews with judges who areauthorized to try cases of narcotics abuse at the Pekanbaru District Court ClassIA. In addition, secondary data consisting of court decisions and relevant lawsand regulations.From the research results, there are 3 main things that can be concluded:First, the consideration of the Class IA Pekanbaru District Court Judge isconsidering that because of all the elements of Article 112 paragraph (1) inconjunction with Article 132 paragraph (1) RI Law number 35 of 2009concerning Narcotics and secondly Article 127 paragraph (1) letter a RI Lawnumber 35 of 2009 in conjunction with article 55 paragraph (1) to 1 of theCriminal Code is fulfilled. Second, the obstacles in the implementation ofrehabilitation can be seen from the perspective of law enforcement officials, andthe existence of a double track system in the law itself. Third, efforts that can bemade in dealing with obstacles in the implementation of rehabilitation
PENERAPAN SANKSI PIDANA TERHADAP PELAKU PELANGGARAN PRIVASI PADA FITUR TEMAN DEKAT DI INSTAGRAM BERDASARKAN UNDANG- UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KOTA PEKANBARU Melati Sukma Dewi; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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One of the special features on instagram is the close friends feature. The close friendsfeature available on Instagram is useful for making a list or list of close friends from accountowners. The purpose of using the close friends feature on instagram is so that the stories weupload in the form of photos and videos that can only be seen by close friends. It turns out thatthis instagram feature has a drawback, namely it can be a place where someone's privacy isviolated. The usual violation of privacy in this close friends The feature is recording screens orscreenshots of posts and distributing them to the public without permission. Dissemination ofprivate electronic information to the public is a form of privacy violation. If theupload capture/screenshot contains personal data including name, writing, and/or images thatcan identify a person then the distribution via electronic media must be carried out with theconsent of the person confirmed, according to Article 26 paragraph (1) Law 19/2016 . For thisact, every person whose rights have been violated, in this case the victim, can submit a lawsuitfor the harm incurred.The purpose of this study is to find out the application of criminal sanctions toperpetrators of privacy violations in the close friends feature on Instagram, in accordance withLaw Number 19 of 2016, Amendments to Law Number 11 of 2008 concerning information andelectronic transactions in Pekanbaru City. Second, to know obstacles in the implementation ofcriminal sanctions against perpetrators of privacy violations in the "close friends" feature onInstagram based on law number 19 of 2016, an amendment to law number 11 of 2008concerning information and electronic transactions in the city of Pekanbaru.This researchmethod can be classified into the type of sociological legal research as research that wants tosee the unity between law and society with the gap between das sollen and das sein.The conclusion from the results of the study that to provide a deterrent effect on theapplication of criminal sanctions against perpetrators of privacy violations on the close friendsfeature on Instagram is imprisonment. However, the application of these criminal sanctions isonly related to cases containing pornographic elements. Meanwhile, violations of privacy onsocial media, such as those related to defamation, can be resolved non-penal (outside court) orresolved through retorative justice. Efforts that can be made to deal with obstacles in theapplication of criminal sanctions are that law enforcers work together with expert sanctions,both linguist sanctions, to identify forms of privacy violations that can be categorized aswhether it is a privacy violation or not.Keywords: Privacy Violation – Social Media – Instagram - ITE
ANALISIS YURIDIS DISPARITAS PIDANA PADA KASUS PENYERTAAN TINDAK PIDANA KORUPSI PENGADAAN BUKU DI KOTA PADANG PANJANG Nur Farah Datulaida; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The issue of corruption is a problem that has grown for a very long time and has takenroot in every sector of state life. This crime has damaged the good order in achieving socialwelfare. And the high number of corruption cases in the procurement of goods and services isdue to gaps in regulations that are not yet perfect. A field that accommodates a lot of things mustbe able to provide guarantees that it will provide justice to the parties involved.The type of research used in this legal research is normative juridical method. Therefore,an analysis with a qualitative measure is used which is based on substance with data collectionin drawing conclusions. In drawing conclusions the author uses the deductive thinking method,namely a way of thinking that draws a conclusion from things that are general to things that arespecific.From the results of the research and discussion it can be concluded that, first, theregulation on the procurement of goods and services, which is currently still in the form of apresidential regulation, has resulted in weak law enforcement regarding problems arising fromthe process of procurement of goods and services, including the problem of corruption. Second,that justice is when everyone gets their rights, when there is an act of corruption that takes awaythe right to the needs of the state and people's welfare and the interests of the community, thenjustice has been taken away, for this reason law enforcement and regulatory improvement tostabilize justice in its place is a must. Third, the idea of regulating the procurement of goods andservices in the future to minimize and also prevent criminal acts of corruption in this sector fromrecurring is the presence of laws that specifically regulate the procurement of goods andservices, so that violations of these articles give the power to impose penalties on those whoviolate them.Keyword: Procurement – a criminal act of corruption
ANALISIS YURIDIS TERKAIT DENGAN PEMBERIAN SANKSI PIDANA PELAKU PEMBUNUHAN BERENCANA TERHADAP ANAK Joana Petra Naomi; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Intentional and premeditated murder (moord) is regulated in Article 340 of theCriminal Code. Where the crimes of premeditated murder committed by parents againsttheir children are very concerning. Sanctions for perpetrators of premeditated murderof children are still relatively light, which takes the lives of children. This study aims todetermine the application of law based on judge's decisions in several cases ofpremeditated murder of children and to find out the ideal sanction imposed by judges onpremeditated murder of children in the future. This study also uses the Theory of Justiceand the Theory of Punishment as an analytical knife in analyzing criminal sanctionsagainst the perpetrators of premeditated murder against. The type of legal researchused in this research is a literature study or document study and this research isreferred to as normative research (legal research) using secondary data.The data analysis used is qualitative analysis as a basis for research proceduresthat produce descriptive data, namely collecting all data obtained from primary legalmaterials and secondary legal materials. The results and discussion show that theapplication of criminal sanctions against perpetrators of premeditated murder ofchildren is still relatively light so that it does not reflect the justice and expediency ofthe law.Therefore, there is a need for criminal renewal in the application of criminalsanctions against perpetrators of premeditated murder of children as an ideal sanctionwith a minimum of 20 years. The conclusions and suggestions in this study are that theapplication of sanctions to perpetrators of premeditated murder of children must beadjusted to what has been done in order to create a sense of justice and the benefit ofthe law for both the victim's family and the surrounding environment.Keywords: Criminal Offense, Child Murder, Sanction Application, Perpetrator
PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM BEBERAPA PUTUSAN PENGADILAN PADA PERKARA TINDAK PIDANA KORUPSI DI INDONESIA Wifra Hadhratin; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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There are differences in treatment in terms of differences in the placement ofdefendants by the Court (Judge) as law enforcement officers who have the authoritydetermined by law. This shows that there is objective law enforcement. There is still anoverlap in the judge's decisions that have been determined at the corruption trial. Thisfurther strengthens that the principle of equality before the law in Indonesia is still veryconcerning. The existence of differences in decisions influenced by social strata is verythick in corruption. With consideration of the principle that everyone should be equalbefore the law. Nothing can influence the decision, considering the magnitude of the lossand the impact of the crime itself.Adhering to the principle of equality before the law (equal position in law andgovernment), there should be no defendants of corruption crimes who receive preferentialtreatment between one actor and another who are subject to detention by the Court(Judge).This study will examine the subject matter according to the scope andidentification of problems through a normative juridical approach. In this type of legalresearch, the law is conceptualized as what is written in the legislation (law in the book)or the law is conceptualized as legal rules which are standards for behaving or behavingappropriately or inappropriately by using descriptive methods. This research is anormative juridical research on legal systematics. This research is legal systematic andcan be carried out on certain statutory regulations or or written law. Based on thenormative research method, the data source used in this study is a secondary data sourceconsisting of 3 legal materials, namely: primary legal materials, secondary legalmaterials, and tertiary legal materials. Data collected from literature study.Keywords: Application of Principles - Equality Before The Law - Corruption Crimes
REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA YANG BERASAL DARI KALANGAN ATAS Ela Valentina Damanik; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Narcotics abuse is a complex problem and has a broad perspective, both in the fields ofmedical, psychosocial, mental and psychiatric services. At present, narcotics abusers can belikened to an iceberg that includes all levels of society, especially the upper class. Therefore, asan effort to deal with narcotics abusers who are increasing day by day and the need to create anew paradigm to renew the public's view of narcotics abusers, especially the upper class society,where the upper class society in its implementation is more privileged. Therefore, it is necessaryto reformulate criminal sanctions as stipulated in Law Number 35 of 2009 concerning Narcoticsto create laws that are more effective and fair in responding to modernization goals. The purposeof this study is to understand the regulation and application of criminal sanctions againstnarcotics abusers in Indonesia and to develop the idea of reformulation of appropriate sanctionsagainst narcotics abusers from the upper class society.The research conducted is normative legal research or known as doctrinal legal research,which uses data sourced from library research and literature quotations related to the issuesstudied. Therefore, the secondary legal sources used consist of secondary, primary and tertiarylegal materials as well as data from interviews in the form of primary data.In this research, the type of data analysis used is qualitative data analysis which isproduced in the form of descriptive data. From the elaboration of the discussion and researchconducted, several conclusions can be obtained, namely: First, narcotics addicts and narcoticsabusers as stipulated in Article 54 of Law Number 35 of 2009 concerning Narcotics states thatnarcotics addicts and narcotics abusers are required to undergo medical rehabilitation andsocial rehabilitation. However, in fact the implementation of rehabilitation is not evenlydistributed to all levels of society. Second, an increase in imprisonment and fines, as well as anincrease in treatment and/or treatment services in the form of medical rehabilitation and socialrehabilitation as an idea formulated by taking into account awareness, legal ideals, outlook onlife and philosophy originating from Pancasila and the Opening of the Constitution of theRepublic of Indonesia in 1945.Keywords: Reformulation – Criminal Sanctions – Rehabilitation
ANALISIS YURIDIS KEJAHATAN TERHADAP IDEOLOGI NEGARA BERDASARKAN UNDANG – UNDANG NO 27 TAHUN 1999 Ikramul Fajri; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The This research is motivated by one problem, namely Ideological offensesregulated in Law Number 22 of 1997 concerning Amendments to the Criminal CodeRelating to Crimes Against State Security (hereinafter referred to as Articles 107a toArticle 107f of the Criminal Code). The existence of these provisions as a result of thedark history of the Indonesian people against the PKI.The purpose of this research is to analyze the Implementation of Law Number 27of 1999 concerning Amendments to the Criminal Code relating to Crimes Against StateSecurity. Law Number 27/1999 explicitly regulates the prohibition of spreading leftistideology by inserting six new articles in Chapter I — concerning Crimes Against StateSecurity — of the Criminal Code, namely between Article 107 and Article 108, which aremade into Article 107 a, Article 107 b, Article 107 c, Article 107 d, Article 107 e, andArticle 107 f .From the results of the research conducted, it shows that the implementation ofLaw Number 27 of 1999 basically regulates two types of crimes, namely: crimes relatedto replacing Pancasila as the state ideology and crimes of sabotage, especially sabotage ofmilitary facilities and infrastructure and sabotage of distribution or procurement staple.Keywords: CRIMES AGAINST STATE IDEOLOGY
Co-Authors Adi Tiara Putri Adi Tiaraputri Ahmad Zuhri Akhwal Fazri Zega Andre Gunawan Andrikasmi, Sukamarriko Atika Shalwani Bayu Fauziah Conny Ofta Tiani Br Tompul Dandy Gilang Mandala Putra Azwan Davit Rahmadhan Deby Rahmatul Fitri Dwi Anggun Pratiwi Edo Bikana Barus Ela Valentina Damanik Elmayanti Elmayanti, Elmayanti, Elmayanti Erdiansyah Erdiansyah Ferawati Ferawati Fijai Sanjaya Firdaus Firdaus HALIMAH NOVITA SARI IKA ANGGITA Ikramul Fajri Joana Petra Naomi Jonathan Christoper Silalahi Jusuf Tinambunan Kevin Mandala Kifli Raji Ledy Diana Leonardo Sormin Leoni Capri Widyatama Lesti Hardianti M. Arief Deka Rizqi Mardiana Andresa P Marinus Lase Melati Sukma Dewi Miftah Farhan Sitorus Muhammad Fahlebvy Muhammad Fathra Fahasta muhammad fikri Mukhlis R Mutiara Sri Melinda Nova Putri Nur Farah Datulaida Oloan Swandy Panjaitan Putri Fauziah Rahma Riyanti Reni Marbun Rima Rohmiati S.Pd. M Kes I Ketut Sudiana . Salsabila Afnita Solly Aryza Syaifullah Yophi Ardiyanto Syamsiar, Syamsiar Tengku Arif Hidayat Tiara Vemilya Wais Arfam Utama Widia Edorita Widya Lestari Wifra Hadhratin Windy Putri Priyatmi Wulan Novita Sipayung Zainal Bahri