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Erdiansyah '
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PENERAPAN ASAS EQUALITY BEFORE THE LAW TERHADAP PELAKU TINDAK PIDANA KORUPSI DI WILAYAH HUKUM PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI PEKANBARU M. Fadhli Ariwibowo; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Adhering to the principle of equality before the law (the same position in law and government) should not be accused of corruption who received preferential treatment from one to the other actors. However, from the few cases that occurred in the Corruption Court On Court Pekanbaru. There are indications of neglect of the principle of equality before the law. Many things are exemplified not treated equally before the law in its application, whereas the same case with the other, as in granting the status of detention for suspects or defendants. The purpose of this thesis to To determine the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru, to determine the resistance factor in the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru and to know remedy in the application of the principle of equality before the law against the perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru. This type of research will use juridical empirical sociological or juridical. Juridical sociological research or empirical research approach is to look at in terms of the fact that occur in the field. While research is a descriptive nature that aims to provide a clear picture of the problems examined.The results of this study concluded, Application of the principle of equality before the law against perpetrators of corruption in the jurisdiction of the District Court of Pekanbaru there are indications of violations of the principle of equality before the law. Assumption advocates, the media, law enforcement, and community still privilege against perpetrators of corruption in the Corruption Court in the District Court of Pekanbaru. Factors Barriers In principle Application Equality Before The Law Against Corruption Actors region Pekanbaru Law Court, namely the knowledge of law enforcement are not the same, a small law enforcement income, limited facilities and infrastructure factors, the lack of personnel judges, view Community Leaning Against Enforcement Process law, and the lack of effective oversight. Efforts to Address Constraints Application of Principle of Equality Before The Law Against Corruption Actors in Pekanbaru District Court Jurisdiction, which provides training to law enforcement, supervision tightened and involved parties to 3 (three), promote the welfare of Law Enforcement, Special Day Courts Act Corruption, Ad Hoc Judge Candidate Acceptance of Corruption, Corruption Session Recording, And Escort trial by police officers.Keywords: Equality Before The Law, Corruption.
Pelaksanaan Diversi Terhadap Tindak Pidana Yang Dilakukan Oleh Anak Di Pengadilan Negeri Bangkinang Oleh : Rica Regina Novianty (Hukum Pidana) Rica Regina Novianty; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The principle of the protection of children, especially on the principle of non-discrimination that prioritizes the best interests of the child and the right to life, survival and development so that the necessary respect for the child's opinion. Thus there emerged an idea for it, that the perpetrators of criminal offenses committed by children should be avoided as far as possible from the criminal justice process. Based on this thinking, it gives birth to a concept called diversion, which is the Indonesian term called diversion or redirection. Diversion is an action or treatment to divert a case of a formal process to process informal or put out criminal child of the juvenile justice system, or put out the perpetrators of criminal acts of the criminal justice system of children. The author has done to several research Pre Trial in First Level Jurisdiction in the province of Riau, and author in the end chose Bangkinang District Court as a test site, because the number of cases Diversi minimal and access is easy to reach in the research process Issues examined in this study are: First, How Diversion Implementation of the offenses committed by children in the District Court Bangkinang? Second, Is Diversion implementation of the offenses committed by children in the District Court Bangkinang has reflected legal protection of the child?This type of research is the study of law Sociological. Source data used are primary data and secondary data, data collection techniques. obtained from interviews and literature study. In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking.The results of this study are the First, implementation of Diversion of the offenses committed by children in the District Court Bangkinang not running optimally, it can be seen from the number of successful cases in Diversion and also the obstacles found by the judge in the effective implementation of Diversion for children such as the number of judges has a child criminal Justice Specifications only two judges, victims' families are determined to not do Diversi, and insisted on proceeding with the criminal. Secondly, protection of children rights based implementation of Diversion District Court Bangkinang not maximized, it is envisaged, from the number of successful cases in Diversion. Suggestions from authors First, the judge must explore ways for the implementation of the Diversion of children committing criminal offenses can be implemented optimally. And deficiencies that become a reason not maximal implementation Diversion can be solved by the parties concerned. Diversion implementation should be maximized since in the investigation. Second, took the seriousness of various stakeholders such as governments, law enforcement and the community to create the legal protection of the child offender so that the goal can be achieved Diversi.Keywords: Diversi - Children - Court Bangkinang
PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI KORAN Wulan Ratna Sari; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The enactment of the Criminal Code in the case of the press, then the criminal liability also applies. Responsible parties must also be determined on the basis of a criminal responsibility system under the Penal Code. In this case relates to criminal liability for criminal defamation through Koran. The purpose of writing this thesis, namely: first, criminal liability to the press who committed criminal defamation through the newspaper, Second, who is responsible related to criminal liability to the press who committed criminal defamation through the newspaper.The type of research used in this study is a normative legal research. Normative legal research is a literary legal research. In this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with literature study.From the results of this study indicates that the concept of Defamation in news in the newspaper occurred after the cooperation of parties who served in news mempubikasikan. The legal subject who can be held criminally liable for defamation in the news in newspapers are journalists, editors, chief editors and printers. Suggestion of the author, Firstly, the Press Law needs to be revised in order to contain the explicitly defamation of defamation so as not to be multiple interpretation; Secondly, in determining the subject of criminal responsibility law should be applied the principle of mistake and the principle of participation so that the offender of defamation can be given sanction in accordance with applicable laws and regulations, Third, the press company must have standard procedures related to the technical publication of the news so that the mechanism of accountability can be clearly identified.Keywords: Accountability-Crime-Press-Crime-Pollution-Name-Good
PENEGAKAN HUKUM PIDANA TERHADAP PEREMPUAN DARI TINDAK PIDANA PERDAGANGAN MANUSIA DI KECAMATAN TENAYAN RAYA Rendy Rio Pratama; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Human trafficking is a crime that is extraordinary, because impact of human trafficking on the victim and the darting of an environmental bad about. Governments find it difficult to handle the cases of human trafficking, because the perpetrators of the actors using various modes in carrying out the action. in District Tenayan Kingdom trade in human beings handling legal cases less effective, karana in some villages are still many open nightclubs and the localization of the localization tends to occur crime of trafficking in women under age.This type of research to be conducted sociological research that want to see the correlation between law and society, so as to reveal the effectiveness of the rule of law in society. This study bersifatdeskriptif which the author tries to give an idea of the reality of the complete, detailed, and clear about the issues examined. The conclusions that can be drawn from the enforcement of criminal law in the legal protection of women from the crime of trafficking in women in the Police Sector Tenayan Kingdom has not run as it should be proven because their public reports of trafficking cases was revealed.If people do not report these cases may be the case is still going on until today. Factors pengahambat the Police Sector Tenayan Kingdom in enforcing the law against women from the crime of human trafficking victims are just tough questioning. As well as the extent of the districts Tenayan Kingdom who make less than the maximum performance of the police, so that the public report is needed. An attempt by the Police Sector Tenayan Kingdom in addressing cases of human trafficking in the village Maridan District of Tenyan Kingdom improve relations with Waraga living in the border region of Pekanbaru Regency Siak because they in coastal areas are common crimes and dikarnakan them away from the Police Sector Tenayan Kingdom so that people do not want to know the crimes that occur in their territory.Keywords: Law Enforcement - Crime - Human Trafficking
PERAN SATUAN LALU LINTAS KEPOLISIAN RESOR KOTA PEKANBARU DALAM MENANGANI MASALAH PELANGGARAN RAMBU LALU LINTAS DILARANG PARKIR DI KECAMATAN PEKANBARU KOTA Tomi Jefisa; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Each person uses a motor vehicle to facilitate its activities to mobilize or move from one place to another in everyday life, be it a two-wheeled vehicle or four wheels. Motor vehicle is any vehicle that is driven by mechanical equipment such as engines other than vehicles running on rails. As motorists must give priority to the safety and comply with the applicable regulations in accordance with the provisions in force in the State Indonesia. Pursuant to Article 106 paragraph (4) (a) and letter (e) of Law Number 22 Year 2009 regarding Traffic and Road Transportation. The research objective of this thesis, namely; First, to determine the role of Pekanbaru City Traffic Police, Second, To know the constraints faced by the City Police Traffic Pekanbaru, Third, To know the efforts made by the City Police Traffic Pekanbaru.Keywords: Role - Traffic Unit - No parking signs
PERANAN PSIKOLOGI KEPOLISIAN DALAM PROSES PENYIDIKAN (STUDI KASUS MUTILASI DI SIAK) Ester Ailen Sirait; Erdiansyah '; Erdianto '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In Psychology police use mentioned in Law No. 2 of 2002 on the Indonesian National Police in Article 14 Paragraph 1 (h): Holding a police identification, police and forensic laboratory medicine and psychology of police for the benefit of police duties. Psychology of police as a branch of psychology is the application of the concepts of psychology to law enforcement agencies, meaning that the main concepts of psychology used for law enforcement in order to achieve justice, using the techniques of certain commonly applied psychology so that the investigator to conduct an examination of the suspect was not need to get angry and can steer the suspect in order to provide answers that are correct, regardless of the fact whether he is guilty or not, as well as in criminal psychology confronted the investigator as an examiner can confront the perpetrators of criminal acts better in order to expedite the course of the examination in the level of investigation. Given psychology backgrounds, behavior and alleged acts by approaching the psychological, which is expected to expedite the task penginterogasian / examination suspects without an attitude of coercion / emphasis be a problem in this research is how the role of psychology of police in the examination of a suspect in the case of mutilation in Siak, psychological barriers to the use of police force in the examination of a suspect in the case of mutilation in Siak. The purpose of this study is to determine the role of psychology in helping the police to conduct examination on suspected cases of mutilation in Siak, knowing any obstacles in the use of psychology of police and the efforts made to overcome the obstacles. The research method that the author has to do is research sosiologisdisamping it also juridical sociological approach that is done by looking at the correlation between the law society, so as to reveal the effectiveness of the rule of law in society. Through research the author has done, implementation of the psychological police are still going well in practice is due to the task of psychology police have difficulty in terms of the authority to conduct the examination without any request terlabih advance of the investigating authorities, which would restrict the movement of the psychology of the police to do more to do investigative efforts that need to be done by the police are: 1. Keep their willingness dati strategically positioned from the Police so that more police psychological role in the disclosure of the case at this stage of the investigation. 2. Increasing the educational programs for the police, especially for those who are at the front dibarisan (investigator). Thus the implementation of the psychological role of the police should be improved better with socialization in order to investigations conducted in accordance with Law No. 2 of 2002 on the Indonesian National Police Article 14, paragraph 1 (h) so that the rights of suspects are protected in accordance with applicable law.Key Words: Police Psychology - Mutilation – Investigation
ANALISIS YURIDIS SANKSI PIDANA KEKERASAN PSIKIS TERHADAP PEREMPUAN DALAM UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA IDAWATI '; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Domestic violence or what is known as domestic violence often occurs even though Law No. 23 of 2004 concerning the elimination of domestic violence (PKDRT) has occurred. Cases of domestic violence are increasing year by year, especially against women (wives). In domestic violence there is physical violence, psychological violence, sexual violence and economic violence.. The purpose of this thesis writing is: First, Regulation of criminal sanctions on psychic violence within the household based on Law Number 23 of 2004 concerning PKDRT, Second, Proof of victims of psychic violence according to Law Number 23 of 2004 concerning PKDRT, Third, An ideal regulation on criminal sanctions against victims of psychic violence according to Law Number 23 of 2004 concerning PKDRT.This type of research can be classified in the type of normative legal research, because in this study the authors conducted research by examining library materials. Data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials.From the results of the research problem there are three main things that can be concluded. First, by referring to Article 10 of the Criminal Code, then in Law Number 23 of 2004 the sanctions imposed on perpetrators of psychic violence are imprisonment and fines. Additional crimes are not the same. Second, the most easily available evidence is "witness testimony, but in general the witness is a family of blood or an arbitration in a straight line, brother, husband or wife. But Article 168 of KUHAP does not allow. Third, the ideal regulation regarding criminal sanctions of psychic violence according to the PKDRT law is not yet appropriate, that the sanctions of psychological violence are made very low. Authors' advice: First, an optimal socialization of the PKDRT law so that the community knows that psychic violence can be criminalized and the impact is more dangerous to one's mental health. Second, the proof of the victims of psychic violence is most easily obtained through witness testimony, given that witnesses in this crime, generally are blood relatives or seminars in a straight line, relatives, husband or wife, according to article 168 of the Criminal Procedure Code, cannot be heard and can resign as a witness, it should be allowed in the PKDRT law. Third, it is better to impose sanctions on imprisonment and fine psychic violence in the PKDRT law. Keywords: Sanctions - Violence - Psychic
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA PENIPUAN MELALUI TELEPON DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU HANDY SANNY; Rika Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The phone can facilitate us to communicate remotely with others without having to meet with that person. However, with the rapid advancement of technology and the increasing human capabilities so timbulah crimes, one of which is the crime of fraud by telephone. Based on the authors obtained data from Pekanbaru City Police, from 2012 until 2013 many reports to Pekanbaru City Police against criminal fraud through this phone and have increased. The purpose of this study, namely; First, know the law enforcement against criminal fraud over the phone by Pekanbaru City Police. Second, determine the barriers to the implementation of law enforcement against criminal fraud over the phone in the jurisdiction in Pekanbaru City Police. Third, knowing the efforts made to overcome the obstacles in the implementation of law enforcement against criminal acts by telephone within the jurisdiction of the City Police Pekanbaru. This type of research is a juridical sociological research, because the author directly examine the problems occurred. This research was conducted in Pekanbaru City Police, while the population and the sample is a whole party related to the problems examined in this study, the data sources used, the primary data, secondary data and data tertiary data collection techniques in this study with interviews, literature study and observation. From the research, there are three main issues that can be inferred. First, law enforcement against criminal fraud over the phone by Pekanbaru City Police have not run properly. Second, internal factors that impede law enforcement against criminal fraud through this phone is the lack of experts and lack of tracking device. External factors that impede law enforcement against criminal fraud by telephone within the jurisdiction of the City Police Pekanbaru is the lack of evidence and the lack of evidence from witnesses. Third, Pekanbaru City Police officers to disseminate to the public on criminal fraud through this phone. Suggestions author, First, should improve the performance of Pekanbaru City Police in dealing with criminal fraud through this phone. Second, add a special team and a tracking device. Cooperation with third-party data providers in the use of that provider.
PENGATURAN MEKANISME PELIMPAHAN POKOK PERKARA KE PENGADILAN NEGERI DIKAITKAN DENGAN PUTUSAN PRAPERADILAN YANG DITERIMA MENURUT KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Boy Mono Indra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The judge's verdict accepts pretrial in order to protect the rights ofsuspects and defendants for the unauthorized conduct of investigation. In this casethe pretrial verdict number. 19/ Pid.Pra / 2016 / PBR. However, pursuant toArticle 82 Paragraph (1) Sub-Paragraph (d) of the Criminal Procedure Code ofPublic Prosecutor for its authority to delegate the principal matter to the districtcourt registered in the case number 535 / Pid.B / 2016 / PN.RHL. Pursuant toArticle 137 of the Criminal Procedure Code does not have a principle ofpresumption of innocence for the rights of suspects and defendants faced beforethe court.The purpose of this thesis writing is: First, to know the setting ofdelegation of principal case to the district court is associated with the pretrialdecision accepted according to the Criminal Procedure Code. Secondly, to knowthe ideal setting of the principal issue of the case to the district court is related tothe pretrial ruling received under the Criminal Procedure Code. Thirdly, to knowthe legal consequences of the transfer of principal case to the district court isrelated to the pretrial decision accepted according to the Criminal ProcedureCode.This type of research is normative legal research or can be called alsoresearch doctrinal law. From the research result of the problem, there are threemain points that are concluded. Firstly, the regulation of the main issue of thecase to the District Court is related to the pretrial ruling which is accepted basedon Ius Constitutum Article 137 KUHAP there is no legal certainty of regulatingrules. So that the principle of Presumption of Innocence (presumption ofinnocence) has ignored the rights of suspects / defendants. Secondly, the idealarrangement of the central delegation mechanism to the District Court is relatedto the pretrial ruling received that the pretrial judgment received by the judgethen the trial in the district court can not be continued so that it is clearlymentioned in the legislation in this case the Book Criminal Procedure Code.Thirdly, the consequence of the law of delegating the principal case to the districtcourt is related to the pretrial decision received, namely the case investigated isthe cessation of prosecution, the case is null and void. The authority of the publicprosecutor has ignored justice for the rights of the accused / defendant.Keywords: Setting-Pretrial-Judgment-Principle of Guilty Prediction
PELAKSANAAN PIDANA MINIMUM KHUSUS DALAM PERKARA ANAK DI WILAYAH HUKUM PENGADILAN NEGERI PEKANBARU Fauzi Rizky; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Setting a minimum penalty of this particular provide restrictions on freedom did the judge in the verdict , the District Court judge's ruling presence Pekanbaru containing about criminal punishment under the age of criminal defendants specifically towards children who are threatened specifically in violation of minimum criminal provisions of Article 81 paragraph ( 2 ) of Law Act No. 23 of 2002 on Child Protection. Then there are three formulation of the problem in writing this essay: How specialized in the implementation of minimum criminal case law child region of the District Court of Pekanbaru?, How considerations judges in criminal punishment under special minimum punishment in the case of children in the jurisdiction of the Court Pekanbaru country?, What barriers and efforts to overcome obstacles in the imposition of criminal punishment under special minimum in the case of children in the region of the Law Court of Pekanbaru?The research method in this study. Sociological type and legal research is descriptive. The location research of the District Court of Pekanbaru , sources supported by primary and secondary. The data collection techniques used were interviews and review of literature . After collected was then analyzed qualitatively , and draw conclusions with deductive thinking method is to analyze the problems of the general form to a specific shape.From the results of research and discussion, it can be concluded that , first , implementation of minimum criminal jurisdiction in the District Court of Pekanbaru there are 4 ( four ) children who are threatened criminal case specific minimum , one of which impose criminal punishment under special minimum . The second consideration is divided into 2 ( two ) , the consideration of judicial and non- judicial considerations . Third Barriers include : obstacles in terms of evidence and the scope of a certain age , mental limitations in the soul of the child testified in court , it is difficult to achieve peace , and effort to overcome barriers: law enforcement can corroborate the testimony of victims by using clues , while the child's limited mental ability in providing information , can be accompanied by an expert witness who is a psychologist, in terms of insiders, the judge approached the family of the victim so that the presence of peace .Keywords : Implementation of Special Minimum - Criminal – Child Case
Co-Authors ADE MARIA ENGELINA Adelia Yunita Agung Setio Apriyanto Ahmad Hadi Ikhrom Alfikri ' Andi Arfan Andi Wijaya Anggi Fridayani Putri Aulia Rahmi Benni Pernando S Boy Mono Indra Brando Pardede Denu Pahlawardi Desi Anggraeni ' Dessy Artina Dicky Wirian Lafari Dodi Haryono Dyane ' Edwin Capri Purba Emilda Firdaus Erdianto ' Erdianto Efendi Erdianto Effendi Erich Sucipto Sinaga ERMA LENA Ester Ailen Sirait Fajar Yuda Utomo Fani Indriani Fauzi Rizky Fauziah Aznur Firdaus ' Firman Tambunan Flora Veronika Frontya Moren Westy Goklan Tamba HANDY SANNY Hotma Marajohan P Hotman Maringin IDAWATI ' Iis Fatmala Sari IKA FELASTRI INDAH RAHMASARI Intan Purnama Sari Irna Dianis Purba Lylis Suryani br. Sinaga M. AKBAR SATYA F M. Fadhli Ariwibowo Mardiansyah Saputra Maria Maya Lestari MEILIDAR ZEBUA Mexasai Indra Mexsasai Indra Muhammad Fadil Abdillah Mukhlis R Mukhlis Ridwan ' Nadya Lestari Tua Manullang Nadya Syafira Nindy Axella Nofri Yansyah Nuri Indriyanti Nurviyani ' Obby Michael Angelo Pitri Aisyah Putri Widjayanti R. Dyah Siti Safira RANA SAPUTRA Rani Juwita Rendy Rio Pratama Rian Kurniawan Rica Regina Novianty Rika Lestari Risgaluh Maulidya Rita Wati ROBERTO SIANTURI Roka Rindo RUSMADI AKBAR Samuel Sandi Giardo Purba Sarah Dian Marsa Sepria Amnur Sri Intan Wulandari SRI RAHAYU Sulastri ' Suprayogi ' Supriyono Ginting SYAFRINA MAISUSRI Syaifullah Yophi Ardiyanto Tomi Jefisa Tri Apri Yanto Tri Nanda Putri Tri Novita Sari Manihuruk Tri Ramadhanti Tri Wulandari Adhyaksa Venny Humairah Vicky Khoila Winarto Virsa Ferasar Wedy Freddy Santoso Wendy Efradot Wicky Leonardy Wildan Syafitri Willa Maysela F Wulan Ratna Sari Yogi Ramadhan Dwiputra Zaili Rusli Zulham Zulham