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Erdiansyah '
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TINJAUAN YURIDIS TINDAK PIDANA MENERIMA GRATIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 JO UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Nadya Syafira; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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One form of corruption most widely disclosed at this time is corruption in the form ofgratification. Gratuity is a gift, reward or gift by a person who had received services or benefits orby persons who have or are dealing with a public or government agencies in the example to get acontract. The purpose of this thesis to determine criminal acts setting gratification as one ofcorruption in accordance with the value of living in Indonesia and to find out about the role of lawideal in setting gratification in Indonesia. This research is a normative legal research because it isdone by examining the library materials or secondary data on the crime of judicial reviewremuneration pursuant to Act No. 31 of 1999 Jo Act No. 20 of 2001. Source of data used primarylegal materials, secondary and tertiary. From the results of this study concluded, setting the crimeof graft as one of corruption in accordance with the value of life in Indonesia, that gratification isessentially not a crime. Because gratuities not be separated from the habits of society that havebeen entrenched. If a civil servant or state officials to immediately report the receipt of gratuities tothe Corruption Eradication Commission no later than 30 (thirty) days from the date of receipt ofgratuities, the criminal becomes clear. The ideal role of law in regulating graft in Indonesia, thatgratuities are expressed as corruption since the setting in the Act Eradication of Corruption ActNumber. 20 in 2001, however, must be based on the will of the people, the appropriate legalconsciousness of the people but it can be accepted by the community with full awareness.Keywords: Crime Receiving Gratuities
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN OBAT IMPOR YANG TIDAK MEMILIKI IZIN EDAR OLEH PENYIDIK PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWAS OBAT DAN MAKANAN DI PEKANBARU SYAFRINA MAISUSRI; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Medicine as a very important component for supporting health treatment for society. Distribute of medicine in society must have license, for production of medicine in of the country and import medicine, that gived by Badan POM (The National Agency of Drug and Food Control). Article 106 clause (1) law Number 36 of 2009 on Health, the preparation of pharmaceutical and health equipments can only be released after obtaining the marketing authorization. So, preparation of pharmaceutical can distribution in Indonesia if has been valuated throught mechanism medicine registration for get license. Illegal import medicine distribution will endanger its consumers’ health and safety because there is no safety, efficacy and quality guarantee of Badan POM.In reality, there are many illegal import medicine distribution cases the pharmacy in Pekanbaru. For example in Apotek Cempaka, Balai Besar POM Pekanbaru (Provincial office of Drug and Food Control in Pekanbaru) to found 58 items illegal import medicine, there are tebonin forte, lescol xl, camazol, navamin and so many import medicine that not yet have license. This show that law enforcement for illegal import medicine distribution in Pekanbaru conducted by Balai Besar POM Pekanbaru is not optimal.Keyword: Law enforcement, import medicine distribution lisence.
KEDUDUKAN KEDOKTERAN FORENSIK DALAM PENYIDIKAN TINDAK PIDANA DI DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISAN DAERAH RIAU Roka Rindo; Erdianto Efendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In proving criminal cases related the body or the soul of man, a forensic doctor has a very important role in helping law enforcement to uncover a crime that happens, because it's not all science is recognized by the investigator, in this case a doctor is able and can help reveal the mysteries on the state of the evidence that can be either the body or parts of the human body, it is necessary to know the extent to which the position of forensic medicine in investigations of criminal offenses in the Criminal Investigation Directorate General Riau Regional Police.This type of research can be classified into types of juridical sociological research, because in this study the authors directly conduct research on a study in order to give a complete and clear picture of the problems examined. This research was conducted at the General Directorate of Criminal Investigation Police of Riau, while the overall population and the sample is related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study with interview and literature study.From the research there are three basic problems that can be inferred. First, the position of forensic medicine in investigations of criminal offenses in the Criminal Investigation Directorate General Riau Regional Police, has not run optimally. Second, obstacles in the investigation of criminal offenses which use the forensic doctor at the General Directorate of Criminal Investigation Police of Riau is a lack of expert forensic doctors, lack of understanding of the investigator, the manufacture of a post mortem was not carried out as soon as possible and the objections of the victim's family. Third, efforts to overcome obstacles in the investigation of criminal offenses which use the forensic doctor at the General Directorate of Criminal Investigation Riau Regional Police, in coordination with the investigator is a forensic doctor in the investigation process. Writer suggestions, first, investigators are expected to maximize the assistance of forensic doctors, Second, obstacles that the reason for not maximum assistance of forensic doctors in criminal investigations can be overcome in order to be able to process better and faster, Third, efforts made by the investigator at the Directorate of Investigation Common criminals in order to be implemented by not only planning only.Keywords : Forensic Doctor - Visum - Specification Expert
TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN NEGERI RENGAT NOMOR 10/Pid.B/A/2012/PN.RGT.TLK DALAM MENANGANI PERKARA ANAK BERHADAPAN DENGAN HUKUM Anggi Fridayani Putri; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Children are integral part of human survival and the survival of a nation and state. However in the journey of life from the children, sometimes the children are not always have good experience, even the children as a criminal, they must against the law. The children who make a crime, they also become a victime because the functions of tri education center are not worked. In this case, the judges have make the criminal sanctions for the children are not suitable with community research from Bapas Pekanbaru and the other regulations.In this research, there are two problems. First how are the judges make considerant from the case of number 10/Pid.B/A/2012/PN.RGT.TLK?. Second, what is the legal basic from the case of number 10/Pid.B/A/2012/PN.RGT.TLK?.There are four research methodes. First, the types of research is the normative legal research which discuss about synchcronization level of law, in this case, discuss about the judges handle children as a criminal which connected with the regulation. Second, the data sources are second data which supported by primary legal material, secondary legal material and legal material tertiary. Third, data collection techniques use review of the literature. Fourth, after the datas have comes, analyzed qualitatively.From the research problem, there are two main things that can be inferred. First, the considerant from the case of number 10/Pid.B/A/2012/PN.RGT.TLK among are the children who make narcotics crime which is not suitable with article number 111 paragraph (1) the law of narcotics number 35 of 2009 jo. article number 55 paragraph (1) to 1 the book of criminal law jo. the law of juvenile justice number 3 of 1997 and the indictment of prosecutor which is an alternative, so the judges choose first indictment. Second, the legal basic from the case number 10/Pid.B/A/2012/PN.RGT.TLK are article number 111 paragraph (1) the law of narcotics number 35 of 2009 jo. article number 55 paragraph (1) to 1 the book of criminal law jo. the law of juvenile justice number 3 of 1997. The writers suggest, the judges give the sanctions, they must look the future life from the children with they order the prosecutors are still oversee them that the children don’t do criminal again next time and if the children are proven to do the crime, the judges must give a sanction is supervision criminal for them, not give a penalties criminal.
PENEGAKAN HUKUM PIDANA LINGKUNGAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU TERHADAP PELAKU PEMBAKARAN HUTAN DAN LAHAN Agung Setio Apriyanto; Maria Maya Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Smoke catastrophic events caused by land and forest fires in Riau Province has become a very worrying problem, this situation is like an annual agenda for the people of Riau province that has been exposed to smoke on a regular basis over the last 17 years ie since 1997. Disaster smoke in the Riau Province The background background by burning peat. If the result of fires and peat continued every year, then in the next five years remaining natural forests of Riau only <20%. Event of forest fire occurrence is not the least because of the element of intent, with a view to the opening of oil palm plantations, forest plantations, transmigration and so forth. However, to date, no environmental criminal law enforcement operate effectively even cases of forest fires and land each year show an increase in numbers.The purpose of this thesis, namely: First, to determine the implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires. Second, to determine the constraints faced by the Directorate of Criminal Investigation Special Riau Police in environmental criminal enforcement against perpetrators of forest and land fires, and third, to find out the efforts made by the Special Criminal Investigation Directorate Riau Police to overcome obstacles in the enforcement of criminal law environment against the perpetrators of forest and land fires. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between the legal community.From the results of research and discussion, it can be concluded that the First, implementation of environmental criminal enforcement by the Directorate of Criminal Investigation Special Riau Police against the perpetrators of forest and land fires is done by means of preventive and repressive, Second, constraints faced by the Directorate of Criminal Investigation Special Police in Riau environmental criminal enforcement against perpetrators of forest and land fires are internal constraints and external constraints, and the efforts made by the Third Special Criminal Investigation Directorate Riau Police to overcome the obstacles in environmental criminal enforcement against perpetrators of forest and land fires is to maximize internal factors and externally owned by the Directorate of Criminal Investigation Special Riau Police.Keywords: Law Enforcement - Criminal Environment - Land and Forest Fire
PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI KORAN Wulan Ratna Sari; Mexsasai Indra; Erdiansyah &#039;
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
KEBIJAKAN KRIMINALISASI TERHADAP PELAKU TINDAK PIDANA PEDOFILIA MENURUT HUKUM PIDANA INDONESIA Vicky Khoila Winarto; Erdianto Effendi; Erdiansyah &#039;
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pedophilia is a sexual disorder in the form of desire or fantasies of sexual impulses involving minors. In Indonesia the crime of pedophilia by the Criminal Code Article 289, Article 290 and Article 293 of molestation. While pedophilia is an extraordinary crime that should be regulated more specifically in the legislation such as the law on pedophilia. Based on this understanding, the author of this scripts formulated two formulation of the problem, namely: First, How are the criminal acts of pedophilia under Indonesian criminal law? Second, Is the setting on the crime of pedophilia in accordance with the theory of criminalization?The research method in this study, First, this kind of research is legal normative and descriptive analysis. Second, the data source supported by the source of the primary data, secondary data, and the data tertiary. Third, data collection techniques used is the study of literature. After the data collected then analyzed qualitatively, and concludes with the deductive method of thinking is to analyze the problems of the general form into special shapes.From the research problem there are two main things that can be inferred, first, setting the crime of pedophilia by the Indonesian Penal Code refers to criminal punishment for sexual crimes, such as sexual harassment or molestation. When referring to an explicit definition of pedophilia in Indonesian positive law, ie, pedophilia is defined obscenity. Act No. 35 of 2014 on the Amendment Act No. 23 of 2002 regarding Child Protection. Second, regulation of the crime of pedophilia by the criminalization policy which can not be removed from the crime prevention goals. Sanctions against perpetrators of crime should be given special sanction to deter such sanctions pengkebirian and also in prevention efforts with non penal policy. The obligation of governments to prudently adjust what was defined as a criminal act with a sense of law in the society.Based on this, Indonesia should make further rules regarding the crime of pedophilia into a form of legislation such as the laws on pedophilia and weighing punitive sanction against criminal castrate pedophiles.Keywords : Criminalization –Criminal Act - Pedophilia
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN RESOR ROKAN HULU Hotma Marajohan P; Erdianto &#039;; Erdiansyah &#039;
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Narcotic crime is against the law, every year has peninggkatan, both in the village and in urban areas because of the crime of transnational narcotics with a high modus operandi, sophisticated technology and is supported by an extensive network, here is expected narcotics police and national institutions to maximize its performance to combat in order to restore public awareness of the dangers of narcotics, in Rokan Hulu narcotics eradication has not done well because dealers are caught not entirely, most of which is caught is a user of narcotics. Based on the above description of this thesis aims are: first, the implementation of the crime of drug law enforcement in the area of Police Law Rokan Hulu. second, barriers in the implementation of law enforcement in the area narcotic crime Police Law Rokan Hulu. Third, efforts are being made to overcome the obstacles in the implementation of the law penegaka narcotic crime in the area of Police Law Rokan Hulu. This type of research the writer uses sociological research methods, because the author directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Police Rokan Hulu, Rokan Hulu District Attorney and Court of Rokan Hulu. Source of data used primary data, secondary data, the data tertiary data collection techniques in this study conducted by interviews, questionnaires, and literature. The results of the deliberations of the study it can be concluded: First, law enforcement narcotic crime in Regional Police Rokan Hulu done with preventive and repressive efforts. Preventive efforts. patrols, conduct legal counseling, while the repressive efforts: do observation, arrest, detention, pengeledahan, foreclosure, inspection. Second, barriers experienced Police Rokan Hulu is a lack of quality and quantity of narcotics investigator personnel, lack of community participation, and the lack of facilities and infrastructure. Third, the efforts made to overcome these obstacles is to cooperate with the relevant agencies in providing counseling dangers of narcotics, to convince the public to be able to be a witness to provide legal protection and utilization of existing infrastructure. Suggestions writer, to make the eradication of narcotics in the jurisdiction of Police Rokan Hulu, the police should be one step ahead of the perpetrators, modus operandi study conducted actors and coordinate with relevant agencies and the police are expected to approach the maximum in outreach role is to actively combat narcotic crime.
DISPARITAS PENUNTUTAN PERKARA TINDAK PIDANA KORUPSI DI WILAYAH HUKUM KEJAKSAAN TINGGI RIAU Tri Wulandari Adhyaksa; Mukhlis R; Erdiansyah &#039;
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Attorney who is given the authority to conduct the prosecution of corruption cases seem less than optimal so that corruption cases has increased from year to year , although in this case the criminal decisions handed down by the judge but the prosecutor gave the facts to the judge for a legal verdict . so the purpose of the imposition of criminal sanctions in an effort to tackle corruption cases do not provide a deterrent effect against perpetrators . In making the charges in several corruption cases , the public prosecutor in the case ensnare the perpetrators either same or different from the same article . As for the purpose of writing this thesis , namely : First , to know how to overcome the disparity of prosecution of corruption cases in the jurisdiction of the High Court of Riau , Second, to determine the Attorney constraints in conducting prosecution of corruption crimes in the jurisdiction of the High Court of Riau. The conclusion that can be derived from research First , to address the disparity in the prosecution of corruption cases that follow pidan : Creating Refers Charges In Law and Related Regulations , Guidelines for Criminal Prosecution , Directive Leadership . Second , constraints in doing Prosecution Attorney Corruption Case in High Court jurisdiction Riau , namely : first defendant Blurred / List People Search ( DPO ) and Decision of Judge Not Match With Prosecution Demands / straatmach .Keywords : Disparity in Criminal - Attorney - Prosecution - Corruption
PERANAN PEMOLISIAN MASYARAKAT TERHADAP PEMBINAAN SISTEM KEAMANAN LINGKUNGAN DALAM PENCEGAHAN DAN PENANGGULANGAN TINDAK PIDANA KEJAHATAN DI WILAYAH POLISI SEKTOR RUMBAI PESISIR Firman Tambunan; Mukhlis R; Erdiansyah &#039;
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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According to experts, crime is all of human behavior that contrary to law, beconvicted, which is set in the criminal law. Crimes committed in the District ofRumbai Pesisir increased. The crimes included defamation, assault, two-wheeledmotor vehicle theft, larceny, theft with violence and others. However, the minimumnumbers of members of the Police Sector of Rumbai Pesisir cause low performanceof police in dealing with a criminal offense that occurred. Therefore it needs anactive role in prevention and mitigation of crimes. This is manifest in the PoliceRegulation No. 7 of 2008 on Community Policing. As a strategy which is a model ofpolicing that emphasizes on equal partnership between the police and localcommunities, to overcome any problems that threaten the security and orderliness,are called the Police Community Partnership Forum (FKPM). The purposes of thisthesis are: First, to determine the effectiveness of the Role of Community Policing indeveloping of Security System in the Prevention and Control of EnvironmentalCrimes in Police Jurisdiction of Rumbai Pesisir Sector. Second, to determine the roleof Community Policing Efforts toward the Development of Environmental SecuritySystem Crime Prevention and Criminal Jurisdiction Police Sector in Rumbai Pesisircould run with the maximum.Type of the research is the study of empirical sociological or juridical.Location of the study is Police Sector of Rumbai Pesisir. Sources of data were theprimary data and secondary data consisting of primary legal materials, secondaryand tertiary, while the techniques of data collection are interviews / interviews andreview of literature. After collecting the data, the writer analyzed qualitatively byusing the deductive method by analyzing the problems of a general nature and thenspecifically drawn to the conclusion based on existing theories.From the research problem, there are two things that can be inferred, First,The Role of the Community Policing Development Environment Security System inPrevention of Crimes in Police Jurisdiction Rumbai Pesisir Sector by coordinatingand socialize the application of community policing. Second, the roles of CommunityPolicing Efforts toward the Development of Environmental Security System CrimePrevention and Criminal Jurisdiction Police Sector in Rumbai Pesisir by attemptingto coordinate well, trying to improve the professionalism, asking for people’s activeparticipation, propose improvements and facilities to socialize. The writer advices,first, improves the implementation of community policing, increasing the intensity ofsocialization and counseling to FKPM and society. Second, actualize the goodcoordination, increase professionalism in the implementation of community policingactivities.Keywords : Roles - Community Policing - Security - Crime
Co-Authors ADE MARIA ENGELINA Adelia Yunita Agung Setio Apriyanto Ahmad Hadi Ikhrom Alfikri &#039; Andi Arfan Andi Wijaya Anggi Fridayani Putri Aulia Rahmi Benni Pernando S Boy Mono Indra Brando Pardede Denu Pahlawardi Desi Anggraeni &#039; Dessy Artina Dicky Wirian Lafari Dodi Haryono Dyane &#039; Edwin Capri Purba Emilda Firdaus Erdianto &#039; Erdianto Efendi Erdianto Effendi Erich Sucipto Sinaga ERMA LENA Ester Ailen Sirait Fajar Yuda Utomo Fani Indriani Fauzi Rizky Fauziah Aznur Firdaus &#039; Firman Tambunan Flora Veronika Frontya Moren Westy Goklan Tamba HANDY SANNY Hotma Marajohan P Hotman Maringin IDAWATI &#039; 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 &#039; Nadya Lestari Tua Manullang Nadya Syafira Nindy Axella Nofri Yansyah Nuri Indriyanti Nurviyani &#039; 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 &#039; Suprayogi &#039; 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