Claim Missing Document
Check
Articles

PERANAN KEPOLISIAN DALAM PENERAPAN DIVERSI TERHADAP TINDAK PIDANA YANG DILAKUKAN OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK OLEH KEPOLISIAN RESOR TAPANULI TENGAH Erich Sucipto Sinaga; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Children should be protected, including children in conflict with the law. Diversion which means the transfer of the settlement Son of the criminal justice process to the outside of the criminal justice process. Based on the data in the Police Central Tapanuli that recorded 48 cases there are a number of criminal offenses committed by children in 2014 until April 2015 and only one case that getting efforts Diversion. In this case the role of Police Central Tapanuli in the application of Diversi on cases of children in conflict with the law is not maximized. The purpose of this thesis, namely; First, the role of the Police Central Tapanuli in the application of diversion of the offenses committed by children under Act Number 11 of 2012 on the Criminal Justice System Child, Second, Obstacles encountered Police Central Tapanuli in the application of diversion, Third, efforts undertaken Police Central Tapanuli resorts in overcoming barriers to implementation of diversion.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the locations or places studied in order to give a complete and clear picture of the issues examined. This research was conducted at the Police Central Tapanuli, whereas the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data and data tertiary, technical data collectors in this study with interviews and literature study.From the research there are three main issues that can be inferred. First, the role of the Police Central Tapanuli in the application of diversion of the offenses committed by children under Act Number 11 of 2012 on the Criminal Justice System Child, that the investigator in charge of the investigation is a special investigator Child/investigator PPA, arrest, detention, examination child in a family atmosphere, the investigator shall ask for consideration/suggestions from Supervising Community, the right to legal assistance in the investigation process and the confidentiality of the child. Second, Obstacles encountered in the implementation of diversion is the capacity in implementing diversion investigators still limited, facilities and infrastructure is not adequate, the lack of cooperation with KPAI. Third, efforts made in overcoming barriers to implementation of diversion, that the training, the process of investigating the diversion in the room for a while. Suggestions Author, First, the police are expected to investigators PPA training and seminars to the public on diversion, Second, the government made in the implementation of the monitoring team of diversion.Keywords : Role of Central Tapanuli Police - Crime of the Child - Diversion
POLITIK HUKUM PIDANA PERTANGGUNGJAWABAN PIDANA KORPORASI DIKAITKAN SEBAGAI SUBJEK HUKUM PIDANA Alfikri '; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Development of Globalization, has the potential to cause crimes / crimesin various fields carried out by actors both individuals and corporations that cancause losses and victims, which is supported by the emergence and developmentof science and information technology. The rarity of corporations that are used assuspects or defendants is certainly interesting to study and study. One of thecrucial problems is the difficulty of proving corporate criminal liability to fulfillthe criminal offense element violated by the corporation, because law enforcementofficials are still enforced on the principle of impunity without error which isindeed adhered to in the teaching of criminal responsibility in Indonesia. Thecorporate criminal liability system cannot be separated from the legislation policycontained in the legislationThis type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. In this study the authors conducted astudy of the principles of law by utilizing descriptive methods. Data collectiontechniques used in the Normative Legal Research are library research methods.The conclusion that can be obtained from the results of the study is thatcriminal law regulation on corporate criminal liability in criminal law cangenerally be classified into two, among others legislation that establishescorporations as the subject of criminal acts and can directly be asked for criminalliability (strict liability) and legislation that establishes the corporation as thesubject of a criminal act, however, the criminal liability is charged to themembers and management of the corporation (vicarious liability. PoliticalCriminal Law related to Corporate Criminal Accountability as a criminal lawsubject is an action carried out in several stages, namely the formulation stage(legislative policy), application stage (judicial policy), and execution phase(executive policy) .Three stages, the formulation stage is the most strategic stageof prevention and control of crime corporation
PENGATURAN PENYELESAIAN PELANGGARAN OLEH MEDIA MASSA TERHADAP PEMBERITAAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM Rita Wati; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Press in performing journalistic has the indepedence and freedom in the search for, acquire, store, process and convey information to the public to pay attention to children’s rights, because the news of the identity of the child in both the media print and electronic media could have an impact not good for the growth and development of children physically, mentally or socially. The rule of law that gives sanction to the mass media or press a violation has been significantly reinforced in the law number 40 of 1999 on the press. The purpose of this research is to know how the actual settlement and sanction in case of violations committed by the media towards releasing the identity of the children in conflict with the law. The results on this study that settlemen can be trough Article 5 of the right to respond and Article 15 on the press council, as well as snction against the mass media is in violation of criminal sanctions fine of reprimands, a warning or moral sanction an apology publicly. The effort, which is expected that the media or press in this news should respect the rights and obligation to disseminate information or news accurately and balanced. In the sanction of law number 40 of 1999 on the press to clarify the position of the pers in the eyes of the law to the justice and legal certainty.Key words: Children - Press - Violations - Sanction
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDAN PENISTAAN SUKU, AGAMA, RAS, DAN ANTARGOLONGAN MELALUI MEDIA ELEKTRONIK ATAU JEJARING SOSIAL Wicky Leonardy; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

With the advancement of technology owned by mankind today, mankind has entered a new civilization in which the technology without limits that enable people to carry out its activities. Especially in the field of communication, if the first humans to communicate only with a letter that will get to your destination with a long period of time, is now in the presence of the electronic media and the Internet to make humans more easily communicate and interact remotely with a very fast time. Advance technology also makes legally obligated to evolve with the times, because the new regulations will be needed to address these kinds of new criminal offenses, especially in the field of communications technology.One of the communication media is a social networking community. Social networking is a medium to share information and internet-based communications and electronic media as intermediary. With the social networks also create new criminal offenses can emerge and become a real threat to the wider community. For example, social networking has recently enlivened with their social networking accounts rogue users are posting defamation by elements of racial intolerance against a particular group. Pemostingan reason was quite simple, namely freedom of expression, especially the medium is a personal account on the social network. Posts that eventually provoke anger from the group humiliated, and debasing the pemostingnya back in class. In the end, the situation is even more widespread and affected the real world. For example, the war between the groups for exampleFrom the results of the study conclude that based on the description of the effectiveness of setting the two chapters that ensnare perpetrators of defamation of ethnicity, religion, race, and intergroup through electronic media and social networks should use article more effective, namely Article 28 of Law Number 11 Year 2008 on Information and Electronic Transactions. Because based on factors which reinforce the application of Article 28 is Article 63 paragraph (2) of the Penal Code which is also known in the science of law as a principle of lex specialis derogat legi generalis, namely the rule of law is more specifically override the rule of law more generally. Besides the required extension of enforcement regulations of law to the activities in the virtual world or cyberspace that can accommodate newly emerging criminal offense.Keywords: Law Enforcement, Crime, Actors, Sacrilege, Electronic Media
PELAKSANAAN PENYIDIKAN TINDAK PIDANA JUDI ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Frontya Moren Westy; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Criminal online gambling there were many now. Cases of criminal acts onlinegambling in the City Pekanbaru was caused many people want to find opportunities to meettheir basic needs. But with no possible needs are met with many people to do the things thatare against the rule of law , affecting negative impact on public order and security of thecommunity. I'm interested in doing research with the title of an investigation of a CriminalAct Online gambling Based on Act No. 11/2008 about Information and ElectronicTransaction in Law Region Police Resort City of Pekanbaru . In this final project will bediscussed about the issue of How An investigation of a Criminal Act Online gambling Basedon Act No. 11/2008 about Information and Electronic Transaction in Law Region PoliceResort City of Pekanbaru . What are the inhibiting factors which occurred in An investigationof a Criminal Act Online gambling Based on Act No. 11/2008 about Information andElectronic Transaction in Law Region Police Resort City of Pekanbaru . Whatever effortsto address the obstacles to An investigation of a Criminal Act Online gambling Based on ActNo. 11/2008 about Information and Electronic Transaction in Law Region Police Resort Cityof Pekanbaru .Conclusion is that An investigation of a Criminal Act Online gambling Basedon Act No. 11/2008 about Information and Electronic Transaction in Law Region PoliceResort City of Pekanbaru not yet walked with maximum .The rule of law that less firm, stilllack of coordination between law enforcement agencies, the limited human resources theinvestigator, less facilities and infrastructure law enforcement agencies. Efforts to solveobstacles that arise in the execution is the rule of law firm , to improve coordination betweenlaw enforcement agencies, improve the ability to the police, improve infrastructure in lawenforcement.Key words : Criminal –Investigation-Online Gambling
ANALISIS YURIDIS TENTANG PRAPENUNTUTAN DIKAITKAN DENGAN HAK ASASI MANUSIA TERSANGKA Nadya Lestari Tua Manullang; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Alternating behind the prosecution of the case file to the investigator so contrary to the interests of the suspect or the principles of justice are fast, fair, free, simple, and inexpensive. The purpose of this thesis, namely: First, To Can Know In Prapenuntutan Problems Associated With Human Rights of Suspects, Second, To Know Settings Can Prapenuntutan In Criminal Case, Third, Can Knowing Due To Legal Prapenuntutan Against Investigation and Public Prosecution. This research uses normative juridical research method, the research done by first examining the materials library of the law relating to pemasalahan or study of regulations is standard / recorded, whereas the data source used, primary data, secondary data, and data tertiary, data collection techniques in this research with the study of literature or study methods documentary. From the research there are three main issues that can be inferred. First, the problems in prapenuntutan associated with the human rights of suspects, that there are no settings to how many times prapenuntutan can be done. The absence of sanctions for investigators when the case file is not submitted to the public prosecutor. Secondly, setting prapenuntutan in criminal cases, while the settings are: the Code of Criminal Procedure which consists of Article 8, Article 14, Article 109, Article 110, Article 138, Article 139, Explanation of Article 30 of Law No. 16 of 2004 About Kejasaan, Attorney General of the Republic of Indonesia Regulation No. PER-036 / A / JA / 09/2011 on Standard Operating Procedures (SOP) General Crimes Case Management. Third, the result of Prapenuntutan Law Against Investigation and Public Prosecution, while the consequence that in the conduct of the police arrest should not be mistaken. The possibility of errors arrest may occur because the arrest was no reason authorized by law, Saran writer, first, should the Criminal Code should provide an explanation of the notion prapenuntutan the second Neither investigators nor prosecutors must be able to resolve the case files as possible in accordance the time limit prescribed by the law, third, So that there is no case files back and forth between the public prosecutor with the investigator, here the necessary firmness of the law enforcement agencies in order to carry out his duties can be as determined by law.Keywords: Prapenuntutan - Human Rights - Suspect
IMPLEMENTASI DIVERSI DALAM PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM DI KEPOLISIAN RESOR TANJUNG PINANG BERDASARKAN UNDANG- UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Indah Rahmasari; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In Article 1 Sub-Article 1 of Law Number 35 Year 2014 concerning Child Protection states that a Child is a person not yet 18 (eighteen) years of age, including a child still in the womb. The child is a person who must be kept his rights including in settling the case of children in conflict with the law. In solving the child's case in conflict with the law is done by way of diversion. Diversi is the transfer of the settlement of a Child case from a criminal justice process to proceedings outside the criminal court. This diversity is set forth in Article 1 number 7 of Law Number 11 Year 2012 on the Criminal Justice System of Children. The objectives of this thesis research are: Firstly, to know the implementation of diversi in case of conflict conflict with law at Tanjung Pinang Police Station based on Law Number 11 Year 2012 on Child Criminal Justice System, Second, to know the obstacle for Police to implement diversion in Children in conflict with the law at Tanjung Pinang Police Station based on Law Number 11 Year 2012 on Child Criminal Justice System, Third, To find out the effort to overcome obstacles for the Police in the implementation of the diversion in the case of children in conflict with the law at Tanjung Pinang Provincial Police Based on Law Number 11 Year 2012 on the Criminal Justice System of the Child.This type of research can be categorized in the type of sociological research. Because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at Tanjung Pinang Resort Police, while the population and sample are all parties related to the problem studied in this research, the data source used is primary data, secondary data and tertiary data, data collection technique in this research with interview and study literature.From the results of research problems, there are 3 (three) points that can be inferred. Firstly, the implementation of the diversion at the Tanjung Pinang Police Force has been implemented, but it has not been working properly in accordance with Law Number 11 Year 2012 on the Criminal Justice System of the Child. Secondly, the obstacles faced by the Tanjung Pinang Police Force in implementing the diversi- sion in cases of children in conflict with the law, among others, the legal awareness of the community and the factors of law enforcement. Third, the efforts made by the Tanjung Pinang Police Force in facing obstacles to implementing diversion include socialization to the community and the addition of special investigator members of the child.Keywords: Implementation-Diversity-Children in Conflict with the Law
ANALISIS YURIDIS PENGATURAN JANGKA WAKTU PENYERAHAN SURAT PEMBERITAHUAN DIMULAINYA PENYIDIKAN OLEH PENYIDIK KEPADA KEJAKSAAN UNTUK MEMULAI PENYIDIKAN BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Brando Pardede; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Implementation of the principles contained in the quick coordination between law enforcement agencies, one of which is an investigator with the prosecutor in the case of submission of the Notice of Commencement of Investigation hereinafter abbreviated SPDP, by the investigator to the prosecutor to initiate an investigation. Fast, should be interpreted as a strategic attempt to make the justice system as an institution that can ensure the accomplishment / achievement of justice in law enforcement quickly litigants. Not only quickly resolved origin are applied but juridical considerations, accuracy, precision, and considerations that guarantee sosilogis sense of justice was also considered. SPDP stipulated in Article 109 paragraph (1) Criminal Code, namely: "In the event that investigators have begun an investigation of an event that is a crime, investigators notify the public prosecutor". Period setting SPDP not support fast principle in the criminal justice system in Indonesia. SPDP time period setting is not firm and does not provide legal certainty to cause adverse effects in law enforcement. The purpose of this thesis are: First, to determine whether the arrangement period of submission of the notification the commencement of an investigation by the investigator to the prosecutor's office has supported the principle of fast in the criminal justice system of Indonesia, the Second, to determine the ideal setting of the period for the submission of the notification the commencement of an investigation by investigators to the prosecutor. This research is a normative legal research or can be also called the doctrinal legal research. From the research problem there are two main things that concluded, first, setting a period of submission of SPDP by the investigator to the prosecutor stipulated in Article 109 paragraph (1) Criminal Procedure Code does not yet support fast principle in the criminal justice system in Indonesia. Second, the ideal setting on delivery time SPDP by the investigator to the prosecutor that should be mentioned explicitly in the Criminal Procedure Code.Keywords: Setting Period-Notice of Commencement of Investigation-Quick Principles-The Criminal Justice System
PERANAN LABORATORIUM FORENSIK DALAM PEMBUKTIAN ALAT BUKTI TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Wendy Efradot; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The more widespread development of narcotic crime in Indonesia is very alarming for the nation's future , especially in the province of Riau . Police Forensic Laboratory as a tool specifically assist the Indonesian National Police has the responsibility to carry out tasks that are critical to uncover everything that is associated with all types and kinds of narcotics wearer or anyone who pengedarnya . However, to obtain higher truths necessary tools are sophisticated and advanced , and of course all the costs that are not few in number .Keywords : Forensic Laboratory - Crime - Narcotics
PENEGAKAN HUKUM PELANGGARAN MODIFIKASI TANDA NOMOR KENDARAAN BERMOTOR BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN OLEH KEPOLISIAN SATUAN LALU LINTAS RESOR KOTA PEKANBARU IKA FELASTRI; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Traffic violation is a disregard for the rules of traffic carried by the vehicles that cause traffic accidents for other road users, both loss of life and injuries. Number sign violation modification of motor vehicles is a problem that is quite complex, due to the modification of the number sign motor vehicle is mostly done by societies that generally have a vehicle.The purpose of the study is to examine the enforcement of the law against modification Signs Number of Motor Vehicles, to determine the obstacles encountered in the enforcement of the law against modification Signs Number of motor vehicles and to know the efforts to overcome the constraints of law enforcement for the modification Signs Number of Motor Vehicles based under the Act number 22 Year 2009 Regarding Traffic and Road Transportation.From the research results can be concluded that problem. Law enforcement against modification Signs Number of Motor Vehicles implemented by the City Police Pekanbaru through two (2) attempts, by making efforts preventive and repressive efforts. Constraints faced is the shortage for the manufacture of Motor Vehicle Numbers Signs. Then intervention by unscrupulous people and law enforcement officers. Furthermore, the efforts made to overcome these obstacles is the way, providing temporary Motor Vehicle Numbers Signs, and do outreach to the community and law enforcement officials. Suggestions authors, law enforcement is expected to mark number of Vehicle modifications to be maximized given the cultured use Signs modification Number of Motor Vehicles and more attention to the provision of sign making materials Number of Motor Vehicles.Keywords: Law Enforcement-violation-Signs Number of Motor Vehicles
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