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PENEGAKAN HUKUM TERHADAP PELAKU USAHA PEMBUATAN TANDA NOMOR KENDARAAN BERMOTOR TIDAK RESMI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Jonatan Alexander G; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The motorized vehicle number mark is proof of the legitimacy of operating a motorized vehicle in the form of a license plate or other material with certain specifications issued by the Indonesian National Police and containing the area code, registration number, and validity period and installed on the vehicle. So, the motor vehicle number sign is other than that. declared invalid and invalid. A motorized vehicle number sign is a must for every motorized vehicle user when owning a motorized vehicle. However, in fact, many motorists use unofficial Motor Vehicle Number Marks made on business actors to produce unofficial Motor Vehicle Number Signs in Pekanbaru city. which should have been in Article 62 in conjunction with Article 8 Paragraph (1) Sub-Paragraph (a) of Law Number 8 Year 1999 concerning Consumer Protection, business actors may be subject to a maximum imprisonment of five years or a maximum fine of Rp. 2 billion. However, until now, law enforcement against business actors making unofficial Motor Vehicle Numbers in Pekanbaru has never been enforced.This type of research is classified as legal sociological research because in this study the author directly conducts research at the location or place to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police and Pekanbaru City Police. While the population and sample are all parties related to the problems studied in this study, the data sources used are primary data, secondary data and tertiary data. Data collection techniques in this study were carried out by interviews, questionnaires and literature study.This study aims to find out how law enforcement against business actors making unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police, what obstacles are faced in law enforcement against business actors making unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police. , as well as what efforts can be made to overcome obstacles in law enforcement against business actors producing unofficial Motor Vehicle Numbers in the jurisdiction of the Pekanbaru City Police.Keywords: Law Enforcement, Business Actors Making Number Plates, Special Crime

PENAFSIRAN HUKUM TERHADAP TINDAK PIDANA PENYEBARAN HOAX DALAM PERSPEKTIF HUKUM PIDANA Zhikrillah Zhikrillah; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The legal provisions regarding hoaxes are in Act Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions governing the spread of hoaxes for violators may be subject to the following sanctions: Article 45 A paragraph 1, i.e. false and misleading news content, Article 45 A paragraph 2, which is a charge that causes hatred or hostility of certain individuals and / or groups of people based on ethnicity, religion, race, and between groups (SARA). Hoax is also regulated in Article 390 of the Criminal Code, only in terms of trade. Therefore, the formulation of the problem of writing this thesis, namely: first how is the interpretation of the law against the spread of hoax criminal law perspective? Second, can hoax distribution be subject to rules in terrorism laws?This type of research used in this study is normative, in this research the writer chooses a study of legal principles. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques namely the method of library research, as well as this study were analyzed using qualitative analysis.The conclusion that can be obtained from the results of the first research, Referring to Law Number 11 of 2008 concerning Information and Electronic Transactions, hoaxes are more appropriate if Law Number 11 of 2008 concerning Information and Electronic Transactions is applied, because in Law Number 11 of 2008 concerning Information and Hoax electronic transactions are widely regulated. Second, the spread of hoaxes can be subject to terrorism laws if investigators have proven that who is actually the perpetrators of hoaxes, are investigated against the background of the spread of hoaxes to the element of intentions that can make the public feel anxious and afraid, in addition there is a form of psychological intimidation from the spread of hoaxes the perpetrators. So if these elements are fulfilled, then it is concluded, the perpetrators are included as a terrorist network or only as a hoax spreader. However, if hoaxes are not involved in terrorist networks, law enforcement officials cannot apply Law Number 5 of 2018 concerning Eradication of Terrorism Criminal Acts. Suggestions are expected for the future of the Government of Indonesia to provide a broader definition and scope regarding the phrase "terrorism" and the phrase "hoax". And the government must classify a hoax as a criminal offense into several provisions. This is because the material on hoaxes can be diverse and the impact can be very detrimental to the public.Keywords: Legal Interpretation - Criminal Acts – Hoax

TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN TERHADAP ANAK DARI PERSPEKTIF HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ISLAM Rhizkita Ramadhana; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Violence against children in Indonesian national law is a crime. Violence against children is often identified with invisible violence, such as physical and sexual violence. In fact, psychological and social (structural) violence also has a negative and permanent impact on children. In Islamic Law, physical violence against children includes the act of Jarimah (Arabic), which is an unlawful act in which the offender receives a sanction or punishment . Besides that basically all religions reject violence as a principle in carrying out an act of immoral nature that requires coercion of other parties which means violation of the principle of freedom of social interaction.This type of research can be classified into normative juridical type of research, namely research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of legislation, secondary legal materials, legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained from secondary data.From the results of the study it can be concluded that, first, if in national law the types or forms of violence are categorized into two, namely severe maltreatment and minor maltreatment. Whereas in Islamic criminal law, violence is categorized into three, namely deliberate maltreatment, semi-deliberate maltreatment, and inadvertent maltreatment. The form of sanctions that are applied in national law for acts of violence against children is regulated in Article 80-82 of Law Number 35 Year 2014 concerning Child Protection, and in Islamic criminal law sanctions are given according to the category of violence, which can be in the form of qishas, diyat punishment, or ta'zir punishment. Second, the value of regulating children in the Islamic criminal law system when compared with positive law both have many significant differences. Values that can be adopted into national law, one of which is the application of penalties / sanctions to perpetrators by applying the qishas penalty, diyat punishment, or ta'zir punishment, legal protection for victims of crime as part of protection to the public, can be realized in the form of providing compensation directly to child victims not to the State.Keywords: Criminal Acts - Violence in Children - National Law - Islamic Criminal Law

TANGGUNG JAWAB DEBITUR ATAS PENGALIHAN OBJEK PEMBIAYAAN SECARA SEPIHAK PADA PT BATAVIA PROSPERINDO FINANCE TBK PEKANBARU Ayu Kristiani P; Maryati Bachtiar; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Legal consequences arising when violating the agreement in the financing of four-wheeled vehicle credit is included in the act against the law. In the city of Pekanbaru there are 44 finance companies and 41 registered companies in the OJK. One of the financing companies in Pekanbaru is at PT Batavia Prosperindo Finance Tbk Pekanbaru. Article 23 Paragraph (2) of Law Number 42 Year 1999 concerning Fiduciary Guarantee states that: "Debtors are prohibited from transferring, mortgaging, or renting out to other parties objects that are objects of Fiduciary Security that are not inventories, except with prior written approval from Fiduciary Recipients ". However, there was a unilateral transfer of financing by PT Batavia Prosperindo Finance Tbk Pekanbaru. Therefore, the purpose of writing this thesis, namely: first, to determine the debtor's responsibility for the transfer of the object of financing unilaterally at PT Batavia Prosperindo Finance Tbk Pekanbaru. Second, to find out the efforts to resolve the transfer of financing objects unilaterally at PT Batavia Prosperindo Finance Tbk Pekanbaru.This type of research can be classified as empirical or sociological legal research, because in this study the writer directly conducts research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT Batavia Prosperindo Finance Tbk Pekanbaru. Sources of data used, namely: primary data, secondary data and tertiary data. Data collection techniques in this study were Observation, Interview, and Literature Study.The conclusion that can be obtained from the results of the first study, the loss experienced by PT Batavia Prosperindo Finance Tbk Pekanbaru is not accounted for by the debtor who carried out the transfer of the object unilaterally. Though must be responsible in accordance with the agreement between the Debtor and the Creditors. Second, the effort taken to settle the default is an effort to settle litigation, namely the settlement of a dispute in court, by making a report / complaint to the Police in requesting fulfillment of compensation from the debtor conducting the default. The author's suggestion is that to PT Batavia Prosperindo Finance Tbk Pekanbaru, it is better in entering into a financing agreement the company provides a prior understanding of the debtor about the consequences of the agreement, so that in the future does not harm the parties or one of the parties. The debtor should read carefully and thoroughly the contents of the agreed financing agreement, so that they know their respective rights and obligations.Keywords: Responsibility - Transfer of Objects of Financing Unilaterally

PENERAPAN KETENTUAN AMBANG BATAS BAKU MUTU LINGKUNGAN UDARA DALAM PEMBUKTIAN TINDAK PIDANA LINGKUNGAN AKIBAT KEBAKARAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Sally Fisabillina; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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To determine the damage criteria and criteria for exceeding environmentalquality standards, an expert who indeed controls the field of environmental damage isrequired. Not only experts but conclusions for damage and exceeding quality standardsmust also be proven by accredited laboratory tests. The research entitled "Application ofAir Environmental Quality Standard Threshold Provisions in Proving EnvironmentalCrimes Due to Forest Fires Based on Law Number 32 of 2009 concerning EnvironmentalProtection and Management", has a formulation of the problem of how to apply theprovisions for the threshold of air quality standards in proof criminal offenses due toforest fires, and what is the strength of evidence by expert witnesses in environmentalcrimes due to forest fires from laboratories that are not accredited.The purpose of this thesis is: first, to find out the application of the provisions ofthe threshold of air quality quality standards in proving forest crime. Second, todetermine the strength of proof of environmental crime due to forest fires fromlaboratories that are not accredited.This type of research is normative legal research or can be referred to asdoctrinal legal research. From the results of the problem research there are two mainthings which are concluded, first, in the case of proof of environmental crime due toforest fires, it is closely related to scientific procedures according to legal conditions. Themeans that can be used to determine the excess of quality standards are laboratories.One important aspect that can affect the effectiveness and efficiency of whether or notenvironmental management in a country or region is whether or not a laboratory isavailable, in this case an environmental laboratory that is capable of delivering valid andrelible, irrefutable, scientifically and legally accountable data. Secondly, evidence ofexpert testimony does not have a binding and decisive value of proof power. The value ofthe power of proof of expert testimony is the same as the value of the evidentiary powerinherent in the evidence evidence of the witness or the defendant. Therefore, the value ofthe evidentiary power attached to the evidence of expert testimony must be supported byother evidence.

Tinjauan Yuridis Penyembunyian Identitas Pelaku Tindak Pidana Dalam Acara Bertema Investigasi Kriminal Rizqa Putri; Davit Rahmadan; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Hiding the identity of criminals by the press in events themed on criminal investigations is a case that must be examined and cannot be ignored, this is because it can harm the wider community. In investigating or seeking information, journalists always prioritize personal interests over public interests, this can be seen from, for example, the sale of fake cosmetics, the sale of dangerous food, with journalists receiving the information and not reporting to the authorities, therefore journalists are also included in article 165 of the Criminal Code. . Meanwhile, in Article 165 of the Criminal Code, journalists do not get exceptions. Therefore journalists have violated the article. Regarding the right to refuse for this case it does not apply because in Law no. 40 of 1999 the right to refuse can be canceled in the interest of the state. From the results of the study there are three main things that can be concluded. First, law enforcement against cases of concealing the identity of criminals by the press, which is a form of crime by knowing there is a crime but not by reporting it to judicial officials or the police. This has been stated in Article 165 of the Criminal Code. With this, the judiciary and the police must take firm action against the press so as not to harm the wider community. Second, the sanctions applied in accordance with the case of concealing the identity of the perpetrators of criminal acts by the press must comply with the provisions of Article 165 of the Criminal Code, in order to realize the justice desired by all communities. Author's suggestion, First, there is a need to revise Law no. 40 of 1999 concerning the Press in order to provide clearer certainty to members of the press. Second, there needs to be attention from the legal apparatus and the community so that the realization of forming a new law can be realized. Third, there needs to be a direct effort from the government to approve and handle several issues related to the press around the community.Keywords: Press- Criminal Investigation- Crime

PENERAPAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KABUPATEN SIAK Muhammad Ragel; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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According to Article 54 of Law Number 35 Year 2009 concerning Narcotics, narcotics addicts and narcotics abusers must undergo rehabilitation. But in the application in Siak Regency, rehabilitation is only an expectation of narcotics addicts and users to get treatment and treatment. The purpose of writing this thesis are: First, the application of rehabilitation of narcotics abusers in Siak Regency, Second, the obstacles experienced by law enforcement officials in the application of rehabilitation of narcotics abusers in Siak Regency.This type of research can be classified in the type of empirical juridical research or sociological research, because in this study the authors directly carry out research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak District, namely in the Siak District Court, Siak Resort Police, and Pekanbaru Class IIA Penitentiary, while the population and sample were all related to the problem under study, the data source used primary data, secondary data and tertiary data , data collection techniques in this study with interview observations and literature studies.From the results of the research problem there are two main things that can be concluded. First, the implementation of rehabilitation of narcotics abusers in Siak Regency has never been implemented by law enforcement officials and the government. Second, the obstacles faced by law enforcers in implementing rehabilitation of narcotics abusers in Siak Regency namely, the absence of the District Narcotics Agency and the Integrated Assessment Team, lack of knowledge of law enforcement officials, lack of rehabilitation institutions, budgets. The author's suggestion is that the Government needs to provide assistance for the implementation of this rehabilitation in Siak Regency, then the quality and quantity of law enforcement officials need to be developed, and the need for special attention from the Government and law enforcement officials.Keywords: Implementation, Rehabilitation, Narcotics Abuser

PENERAPAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KABUPATEN SIAK Muhammad Ragel; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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According to Article 54 of Law Number 35 Year 2009 concerning Narcotics, narcotics addicts and narcotics abusers must undergo rehabilitation. But in the application in Siak Regency, rehabilitation is only an expectation of narcotics addicts and users to get treatment and treatment. The purpose of writing this thesis are: First, the application of rehabilitation of narcotics abusers in Siak Regency, Second, the obstacles experienced by law enforcement officials in the application of rehabilitation of narcotics abusers in Siak Regency.This type of research can be classified in the type of empirical juridical research or sociological research, because in this study the authors directly carry out research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak District, namely in the Siak District Court, Siak Resort Police, and Pekanbaru Class IIA Penitentiary, while the population and sample were all related to the problem under study, the data source used primary data, secondary data and tertiary data , data collection techniques in this study with interview observations and literature studies.From the results of the research problem there are two main things that can be concluded. First, the implementation of rehabilitation of narcotics abusers in Siak Regency has never been implemented by law enforcement officials and the government. Second, the obstacles faced by law enforcers in implementing rehabilitation of narcotics abusers in Siak Regency namely, the absence of the District Narcotics Agency and the Integrated Assessment Team, lack of knowledge of law enforcement officials, lack of rehabilitation institutions, budgets. The author's suggestion is that the Government needs to provide assistance for the implementation of this rehabilitation in Siak Regency, then the quality and quantity of law enforcement officials need to be developed, and the need for special attention from the Government and law enforcement officials.Keywords: Implementation, Rehabilitation, Narcotics Abuser

IMPLEMENTASI PASAL 283 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP PENGENDARA OJEK BERBASIS APLIKASI DI KOTA PEKANBARU Reski Reski; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The progress of the transportation system has driven a person towards lifestyle, namely application-based transportation, called online transportation, which has been characterized by hatred for moving places, fluency in the exchange of goods and services, and the high level of employment and high social mobility. Motorcycle taxis have become alternative transportation for some people because they are flexible in their activities, can reach places that are not passed by public transportation such as city transportation, buses, or other types of four-wheeled public transportation.This type of research can be classified in the type of sociological legal research,because in this study the authors immediately 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 Pekanbaru City, while the population and samples were Head of Unit Then in Pekanbaru City Police, Members of Pekanbaru City Police, application-based motorcycle taxi management in Pekanbaru City and application-based motorcycle taxi drivers in Pekanbaru City.The conclusion that can be obtained from the results of the study is the implementation of Article 283 of Law No. 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi drivers in the city of Pekanbaru has not yet proceeded as it should. Obstacles to the implementation of Article 283 of Law No. 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi drivers in Pekanbaru City in the form of law enforcement factors and effective and Driver Awareness Factor in this case the lack of awareness of the driver-based community about traffic regulations has the potential to cause traffic accidents. Efforts made to overcome the obstacles to the implementation of Article 283 of Law Number 22 of 2009 concerning traffic and road transportation for application-based motorcycle taxi riders in Pekanbaru City consist of Preventive and RepressiveKeywords: Application, Surcharge, Merchant, Consumers, Transactions, Credit Cards

PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.

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