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PENEGAKAN HUKUM TERHADAP PUNGUTAN LIAR YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL DINAS KEHUTANAN PROVINSI RIAU OLEH TIM SAPU BERSIH PUNGUTAN LIAR POLISI DAERAH RIAU Malynda '; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One form of corruption that often happens in everyday life is illegal levies.This also occurs in the realm of the Forestry Service, Civil Service Official of theForestry Service which in this case performs illegal levies is a member of forestpolice officers where forestry police are supposed to carry out their positions inaccordance with the power of law but instead perform actions that harm thepublic by abusing their power. In Indonesia, illegal levies are one of the forms ofcorruption crimes set out in Article 12 of Law Number 20 Year 2001 concerningthe Eradication of Criminal Acts of Corruption of Amendment of Law Number 31Year 1999 on Corruption, the article regulating the threat of sanctions that can beimposed against perpetrators of illegal punishment. But of course the regulationon sanctions alone is not enough to eradicate illegal pungli. Therefore, in order tofurther enforce the law related to illegal levies, the Government issuedPresidential Regulation No. 87 of 2016 on the Task Unit of Clean Sweep of IllegalDrawing. However, the dilemma itself for the team clean sweep illegal Polda Riauwhere efforts to enforce the law against illegal perpetrators because it does notexplain the nominal amount of levies that can be snared into Article 12 letter eLaw Number 20 Year 2001 on Corruption Eradication Corruption Act - LawNumber 31 Year 1999 on Corruption. The purpose of writing this thesis, namely;First, To know law enforcement against Civil Service Officer of Forestry Serviceof Riau Province who do illegal levies. Second, To know the legal issues thatoccur in law enforcement against Civil Service Officer Riau Forestry Servicewhich do illegal levies.From the results of research problems there are two main things that canbe concluded. Firstly, law enforcement by the Clean Sweep Team of Riau DistrictPolice Charges on Civil Service Officials of Riau Province Forestry Service whoimpose illegal levies is influenced by law enforcement factors. Secondly, the legalissue that occurs in the process of law enforcement against illegal levies by CivilService Officers of Riau Province Forestry Service is the complexity of problemsexperienced by law enforcers themselves where there is no reference to thenumber of illegal levies that can be categorized as illegal fees. This makes adilemma if there are illegal fees that have been considered to have a smallnominal, but if the transaction is often done then the nominal amount to be largeas well.Keywords : criminal act - illegal levies - law enforcement.

PENYELESAIAN TINDAK PIDANA PENCURIAN DI LUAR PENGADILAN BERDASARKAN HUKUM ADAT DI DESA TANJUNG ALAI KECAMATAN XIII KOTO KAMPAR KABUPATEN KAMPAR Randi Ramadhan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The customary settlement is an alternative which with the accumulation of cases in the Court, this customary settlement effort can be made as a reference to cases of minor criminal acts such as happened in Tanjung Alai Village in accordance with the customary provisions in each region, so customary settlement is also important to anticipate the accumulation of cases in court. The legal consequences that occur when the settlement of criminal theft is done through customary law, while the legal consequences that can be applied to the case of criminal theft ie: Bearing the goods stolen around the market in the Village Tanjung Alai or in the crowd with head in the bald, Replacing for stolen items, and Paying the customary fine which is in the form of 1 (one) goat.Essentially, evil is an act that is perceived as a deviant act. Settlement of criminal cases, In addition to settling them before the court, in the community of Tanjung Alai, there are still cases of crimes that are solved through customary law. This study aims to determine the existence of customary law and sanctions against violators of criminal law and whether the type of effective inisancsi as the legal basis in solving this case

Penerapan Sanksi Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Berdasarkan Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik di Pengadilan Negeri Medan (Studi Kasus Perkara Nomor 248/Pid.Sus/2016/PN.Mdn) Nessia Gresyola Saragih; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The criminal defamation is a crime caused by the advancement of computer technology. Defamation is a lawless act that attacks the honor or reputation of others. The application of law against defamation offenders is regulated in Law Number 11 Year 2008 on Information and Electronic Transaction Article 45 paragraph (1): "Any person who meets the elements as referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with a maximum imprisonment of 6 (six) years and/or a fine of not more than Rp 1,000,000,000.00 (one billion rupiah).The type of research or approach done by the author is the study of socio-legal law. This research conducted in Medan District Court. This location was chosen because of a criminal defamation case in Medan. In this study the authors use data sources that can be grouped as follows: Primary data, is data obtained directly in the location of research. Secondary data, is data obtained indirectly through the literature (library research).Article 27 paragraph (3) of Law Number 11 Year 2008 on Information and Electronic Transactions "any person intentionally and without right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents containing insult and/or defamation. In the application of criminal sanctions against defamation cases in Number 4248/Pid.Sus/PN.Mdn, The Judge has sentenced the defendant Angelica Rivera to 2 (two) months imprisonment and stipulates that the crime is unnecessary, except later on the order of the Judge. The defendant was sentenced to a previous trial for 4 (four) months. The application of sanctions also concerns the judges' considerations that can alleviate punishment against defamation offenders.Keywords : Criminal act-Defamation-Social Media

PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN SALAH PENANGKAPAN TERHADAP PELAKU TINDAK PIDANA DALAM HUKUM PIDANA INDONESIA Indah Rezeki Manurung; Erdianto Effendi; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the arrests is the mistake or negligence of the investigator indetermining the offender. The phenomenon of cases of wrongful catch is evidenceof weak performance of law enforcement officers and this should be accounted forreferring to the professionalism as law enforcement.This type of research can be classified with the type of normative juridicalresearch, because in this study the authors directly synchronize the law by usingthe normative approach focused on library research. This study analyzes thelegislation concerning the accountability of Polri investigators who have miscaughtwhen carrying out the duties and the cause of the wrong action of arrestby the investigator.From the results of this study there are some things that concluded theauthor. First, the occurrence of the victim of the arrest due to the lack ofunderstanding and the implementation of the investigator against the principle ofpresumption of innocence and the Criminal Procedure Code, the investigator usesa way contrary to the law to investigate the suspect by force or use violence toobtain information and recognition of the suspect, making BAP is far from actualthis matter may be punished and prosecuted in pre-trial shall be imposed withArticle 52, Article 333, Article 334, Article 351 of the Criminal Code. Secondly,the responsibility of the police investigator is divided into two, namely thematerial responsibility, namely the sanction of apology and the immaterialresponsibility, namely the sanction in the form of the obligation of re-education inthe institution of the police education.Keywords: Accountability - Investigators - False Arrest

ANALISIS YURIDIS TERHADAP PENGATURAN ABORSI AKIBAT PEMERKOSAAN BERDASARKAN PERATURAN PERUNDANG-UNDANGAN Charles Ckristian Harefa; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abortion is an activity that causes the loss of a person's right to life. These activities trigger turmoil among the community there are community groups who agree and there are also groups of people who do not agree, in Indonesia the legality of abortion regulated in legislation. The rules are set forth in Law Number 36 Year 2009 on Health which contains legalized abortion procedures, legalized abortion is divided into two forms namely, abortion for medical emergencies and abortion for pregnancy due to rape. The purpose of writing this thesis is to analyze the juridical system of the implementation of abortion for pregnancy due to rape in Indonesia. This type of research can be classified as normative juridical research, because in this research the researcher directly conduct horizontal law synchronization research, this research is done by conducting juridical analysis on abortion arrangement due to rape in accordance with applicable laws and regulations. This research is by doing research in library and also mengiventarisasikan and analyze the relevant legislation and relevant with writing of this thesis. From the results of this study that the authors do can be concluded. Firstly, the need for a public understanding of the legality of abortion and the correct guidelines of abortion under Indonesian law. Both rules that do not reflect justice in the implementation of abortion for pregnancy due to rape should be reviewed by the Government of Indonesia for the protection of human rights The perfect position for a prosperous society. Keywords: Juridical-Abortion-Human Rights Analysis.

PERANAN INTELIJEN KEJAKSAAN DALAM PENGUNGKAPAN DUGAAN TINDAK PIDANA PENCUCIAN UANG DI WILAYAH HUKUM KEJAKSAAN TINGGI RIAU Bintang Hari Setiawan; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The crime of money laundering is an activity to conceal or disguise the origin of property which is the result of money laundering in various ways so that the wealth of the proceeds of the crime is difficult to be traced by law enforcement officers. In the case of handling the money laundering case itself in Indonesia can be handled by the Police of the Republic of Indonesia, the Corruption Eradication Commission, the Financial Services Authority, the Financial Transaction Reports and Analysis Center, and the Attorney General's Office.The type of research used in this study is empirical juridical or sociological research. The empirical juridical research is conducted by means of identifying the law and how the law's effectiveness is applicable in the society. While the nature of the research is descriptive which aims to provide a detailed and clear description of the role of intelligence prosecutor in the disclosure of alleged money laundering crime in the jurisdiction of the high prosecutor's office. While the population and the sample is the whole party related to the problems studied in this study. Sources of data used are primary, secondary and tertiary data sources, data collection techniques in this study with interviews and library studies.From the results of this study that the authors do can be concluded. First, Role of the Intelligence of the Riau High Prosecutor Office in the disclosure of alleged money laundering crime is to conduct activities and operations of judicial intelligence or investigation to collect data or information that can be used as evidence of whether or not a money laundering has occurred. The two obstacles faced by the Riau High Prosecutor's Intelligence namely the human resources factor, the factor of legislation that is perceived to be inconsistent with the demands of the development of society, the difficulty factor for the Intelligence Prosecutor's office in obtaining the evidence in the form of letters, valuable documents, or Related assets, lack of funding factors, lack of coordination by the Attorney General's Office with the relevant agencies, and the lack of planning factors undertaken by the Riau High Prosecutor's Intelligence. Third, Efforts made by Intelligence Attorney, should really pay attention to the principle of fairness and quality of human resources.Keywords: Money Laundering-Inquiry-Intelligence Prosecutor's Office

PENGEMBALIAN ASET NEGARA TERHADAP TINDAK PIDANA KORUPSI MELALUI KERJASAMA INTERNASIONAL BERDASARKAN UNDANG – UNDANG NOMOR 7 TAHUN 2006 TENTANG PENGESAHAN UNITED NATlONS CONVENTION AGAINST CORRUPTION (UNCAC) ANDI SAPUTRA; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The act of corruption is a violation of the social rights and economic rights of the people, so that the criminal act of corruption can not be classified as ordinary crimes but has become extra-ordinary crimes, so in an effort to enforce it can no longer be done "normally" but extraordinarily extra-ordinary enforcement.The eradication of corruption is a series of actions to prevent and combat corruption through coordination, supervision, monitoring, investigation, investigation, prosecution and trial in court, with community participation based on prevailing laws and regulations, In conducting the process of returning assets resulting from the criminal act of corruption,but in implementation there are constraints caused by: different legal system, banking and financial system the strictness of the country in which the asset is located, the practice of running the law, and the resistance of the party to which the asset is to be taken by the government.Recovery of state financial losses with state financial recovery efforts in corruption acts in reality still faces obstacles both at the procedural level and on the technical level. At the procedural level requires certain legal instruments appropriate in accordance with the modus operandi of the crime and the object of the legal matter, Return of assets resulting from criminal acts of corruption is still limited to the return of assets in the country and there is no provision governing the return of assets assets of corruption abroad that are placed abroad, then the necessary legislation on the return of assets resulting from criminal acts of corruption as a legal foundation as well as the authority to implement international cooperation in the recovery of assets resulting from criminal acts of corruption.

PERANAN LEMBAGA PEMASYARAKATAN DALAM MENJAGA KEAMANAN TERHADAP TERJADINYA PELARIAN NARAPIDANA (STUDI KASUS LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU) Rosyi Harwinda; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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A person who has been convicted as an imprisonment is placed in prisons or now referred as Correctional Institution. The purpose of this Institution is not simply curbing the right of the independence of inmates, but more than that, the Correctional Institution aims to bring the inmates back to the community as an integrated people and can be responsible for themselves. But the reality does not show the purpose of this Institution as it is only limited to the expectations of the making of law. It is proven from several cases that illustrate the reality of this institution is contrary to legal purpose set up. One of many cases was inmates escaped.The purposes of this research are; First, to know the role of the Correctional Instituion Class II A Pekanbaru in maintaining security in order to prevent the occurrence of inmates escaped. Secondly, to find out the triggers of the inmates escaped in Correctional Instituio Class II A Pekanbaru. The type of this research is sociological legal which author conducts field research in order to deliver a complete and clear picture of the study case. Data collection technique in this research by doing interview, questionnaires, and the literature research.The result of this research can be inferred; First, the role of the Correctional Institution Class II A Pekanbaru in maintaining in security in order to prevent the occurrence on inmates escaped, namely: 1. Preventive Action: The Social Reintegration, of the construction, strengthening the security system. 2. The Repressive Action: Find out the cause of the inmates escaped, chronologically to from special teams to go after inmates, to coordinate with police officer, submit report to the head of the regional Human Right Riau and Director General of Corrections, coordinating with family, friends and inmates circles. Second, the triggers of the inmates escaped in Correctional Instituion Class II A Pekanbaru, namely; 1. The Internal factors; depressed circumstances in Correctional Institution, the chance to escape, a lack of security officer, the number of the occurance of the escape the triggers others inmates desire to follow friends experience in escape, 2. External Factors; finance factors from family, problems with partner which result in divorce. Family, friends and social circumstances which substantiate to escape. Author’s suggestion in this study case; First, applying strict sanctions escaped, embody criminal sanctions and disciplinary action. Secondly, to improve the management performance of Correctional Institution, by improving quality and quantity of the officer like the mentality of Correctional Institution Officer, recruiting the number of Correctional Institution Officer legally and improving the quality of security in Correctional Institution.Keywords: Role-The Correctional Institution-The Inmates Escaped

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERJUDIAN PACU ANJING BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KOTA PAYAKUMBUH Peni Indriati; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Gamble or gambling or gambling game according to the Big Indonesia Dictionary is a game with spending money as a bet. Then gambling is risking an amount of money or possessions in the game of puzzle based on coincidence, with the goal of getting a sum of money or property that is greater than the amount of money or possessions. Gambling appears due to the unstable society both in terms of religion, moral economy as well as the state of the law. Gambling is one of the diseases of society already deeply ingrained and hard enough to be eliminated despite the threat of sanctions and penalties for this act are cleary regulated in the legislation. The purpose of writing this thesis is, First,to know the rule of law against the crime of gambling legal telic dog runway at Payakumbuh. Second, to find out the cause factor dog runway tradition of switching functions became a criminal offence in the community town of Payakumbuh. Third, to find out the problems encountered in enforcing the law against the crime of gambling laws in the area dog runway at payakumbuh.From the result of the research there where three basic issues that can be inferred. First, the enforcement of the law against the crime of gambling is already carried out in accordance with the applicable legislation, but there are still some issues that cause law enforcement against criminal acts of gambling has not been fullets and optima. Second, the existence of some of the facrors which led to a tradition transformed into criminal acts,especially the factors that came from himself of the humans. Third, the existence of several problems that hinder and must be solved by law enforcement agencies in the enforcement of the law against the crime of gambling.Keyword: Law Enforcement-Gambling-Crime

PENERAPAN SANKSI TERHADAP NARAPIDANA YANG MELANGGAR PASAL 4 HURUF (J) PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 6 TAHUN 2013 TENTANG TATA TERTIB LEMBAGA PEMASYARAKATAN DAN RUMAH TAHANAN NEGARA DI LEMBAGA PEMASYARAKATAN KLAS II B BANGKINANG Nur Fajri; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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On April 27, 1964, before the Indonesian prison house was converted to a penitentiary in accordance with the idea of Sahardjo, who was then justice minister. In prison systems, prisoners and prison students are entitled to physical education and guarantees of their rights to observe their worship, to engage with outsiders, whether family or other parties. Obtain information both through print and electronic media, and obtain a proper education. The purpose of writing this thesis include: first, to determine the role of Class II Penitentiary B Bangkinang in maintaining security to prevent inmates bringing mobile phones (hp) to Penitentiary. Secondly, to know the application of sanctions for inmates violating Article 4 letter (j) of the Ministerial Regulation and Human Rights on the Procedures of Penitentiary of Penitentiary and House of Detention. Third, to know the relation between Article 4 Letter (j) of the Regulation of the Minister of Law and Human Rights on the Procedures of Penitentiary of Penitentiary and House of Detainees with the principle of socialization.From the results of research problems there are three main things that can be concluded. First, the role of Class II Bang B Correctional Institution in maintaining security to prevent prisoners from bringing mobile phones to Penitentiary has not been implemented maximally. Proven from the security system that is run is still far from the word "safe" because there are still many inmates who can save and use goods that are prohibited to be brought into prisons Class II B Bangkinang. Secondly, Prison Officers have sought to impose sanctions on prisoners who commit violations in accordance with applicable regulations. However, there are still officers who are unfair persons in giving sanctions to prisoners who also commit violations but not processed and not sanctioned in accordance with Ministerial Regulation and Human Rights No. 6 of 2013 on the Standing Orders of Penitentiary and Detention Center of the State. Third, basically in prisons class II B Bangkinang has provided a special telephone shop (wartelsus) for inmates to contact family and relatives. If you want to communicate with family and so on can use wartelsus that has been provided by Class II Bang Bang Bang.Keywords: Prisoners-Violation-Sanctions

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