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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 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 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.

PENERAPAN SANKSI PIDANA TERHADAP PEDAGANG KAKI LIMA YANG TIDAK MENJAGA KETERTIBAN DAN KEBERSIHAN LINGKUNGAN DI SEKITAR TEMPAT USAHA BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 11 TAHUN 2001 TENTANG PENATAAN DAN PEMBINAAN PEDAGANG KAKI LIMA Muhammad Putrapratama; 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 growing number of street vendors in downtown areas is incontrollable. A program to comprehensively arrange and guide those street vendors is seriously needed. The existence of street vendors in downtown is one of the factors that leads to the problems such as traffic problem, crime rate, and waste problem. The growing number of street vendors has rushed the local government to make known the Local Regulation Number 11 Year 2001 about The Street Vendor Arrangement and Guidance. Based on the local regulation, the government is expected to control the mushrooming street vendors.Qualitative method was used in the research. During the research, descriptive analysis which is the method to provide systematic, factual, and accurate illustration or description on the data was used. Primary data was obtained from interview and the secondary data was obtained from document, archive, and direct observation to get the real condition of the case. The direct observation was done by involving in the programs of Department of Marketplace like doing the patrol, meeting, and relocation. The data was then analyzed qualitatively in the forms of essay, illustration, and conclusion making of the observed signs.Pekanbaru is a big city which has accommodated its street vendors based on the Local Regulation Number 11 Year 2001 about The Street Vendors Arrangement and Guidance. The regulation sets the place of business, permit, levies, rights, obligations and prohibitions, guidance, and penal provisions related to arrangement and guidance. The obstacle in eradicating the regulation is that the weak supervision from the stakeholders, inconveniently located relocation site, unavailability of transportation facilities, lack of legal awareness, and the economic factors of the vendors like the inability to pay the levy, and from the stakeholders’ point of view which provides less guidance and comprehensive information to the street vendor that results in the vendors who has limited understanding of the dos and don’ts in trading.The recommendations to enhance the ability in doing the responsibilities, the stakeholders should be professional, highly-commited, honest, responsible, and democratic so incompetent stakeholders are not found during the implementations of local regulation. The guidance, supervision, and quality controlling by socializing and doing the patrol should be enhanced.Keywords: Sanctions, Street Vendors, Local Regulation Number 11 Year 2001 About The Street Vendor Arrangement and Guidance

PERTIMBANGAN PENYIDIK MENGHENTIKAN PROSES HUKUM TERHADAP PELAKU TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA DI KEPOLISIAN RESOR KOTA PEKANBARU David Binsar Ari Mangasi; Dessy Artina; 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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Structuring or changes to the rules on the highway is absolute considering the current rules of Traffic and Road Transport has been deemed incompatible with the development and needs of society as set forth in the consideration of Law No. 22 of 2009 on Traffic and Road Transport. Cases that often experience pros and cons in the field of law is a case related to negligence. The neglect is usually done by most people ie in the case of traffic accidents, the accident until the death of the victim. A frequent form of violation in traffic on the highway is a traffic accident. For example, running beyond the specified speed limit then tire broke that resulted in the vehicle having an accident. Based on the description above, the authors are interested to examine the problem with the title: "Consideration of Investigators Stopping Legal Process Against Traffickers Traffic Accidents That Cause Others Died At Pekanbaru City Police". As for the formulation of the problem of the title is, first, how the process of solving the crime of traffic accidents that resulted in other people died in Pekanbaru Town Police Department? Secondly, what is the basis of consideration of the investigator to stop the legal process against the perpetrators of traffic accident at Pekanbaru Town Police Station? This type of research is empirical research, another term used is sociological legal research also called field research. This sociological law research is based on primary data. Primary data / basic data is data that can be directly from the community as the first source through through field research. Based on the results of the study authors concluded that The criminal acts of traffic accidents which resulted in the death of another person are common offenses which can not be stopped by legal process and result from negligence resulting in loss of life of others. The process of settling the criminal acts of traffic accidents which resulted in the death of others at Pekanbaru City Police Force in certain cases which have sufficient evidence to be solved through the judicial system. While for cases that have lack of evidence or cases due to negligence of victims, resolved through non-penal path that is by using the principle of ADR (Alternative Disupute Resolution)

TINJAUAN YURIDIS PENGATURAN TENTANG KEWAJIBAN PENUNJUKAN PENASEHAT HUKUM BAGI TERDAKWAYANG DIANCAM PIDANA DIATAS 5 TAHUN BERDASARKAN PASAL 56 KITABUNDANG-UNDANG HUKUM ACARA PIDANA Tresia Debora Sinaga; Mexsasai Indra; 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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Pengaturan tentang kewajiban penunjukan penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun sebagaimana yang diatur dalam Pasal 56 KUHAP. Namun,dalam praktiknya dipersidangan masih banyak ditemukan terdakwa yang diancam pidanadiatas 5 tahun yang tidak didampingi penasehat hukum, dapat dikatakan bahwa kewajibanpenunjukan tersebut diabaikan atau dikesampingkan oleh aparat penegak hukum.Tujuan penulisan skripsi ini, yakni; Pertama, untuk mengetahui pengaturan idealtentang kewajiban penegak hukum untuk menunjuk penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun, Kedua,untuk mengetahui upaya hukum yang dapat ditempuh terpidana terhadap putusan hakim yangtelah berkekuatan hukum tetap yang dalam proses persidangan tidak didampingi penasehathukum.Jenis penelitian ini dapat digolongkan dalam jenis penelitian hukum normatif.Penelitian ini bersifat deskriptif, yang menggambarkan secara jelas dan terperinci mengenaikewajiban aparat penegak hukum dalam menunjuk penasehat hukum bagi terdakwa. Sumberdata yang digunakan adalah data sekunder yang bahan hukum primer, bahan hukumsekunder, tehnik pengumpulan data dalam penelitian ini dengan metode kajian kepustakaansetelah data terkumpul kemudian dianalisis dan ditarik kesimpulan.Dari hasil penelitian dan pembahasan dapat disimpulkan bahwa yang Pertama,pengaturan ideal tentang kewajiban penunjukan penasehat hukum bagi terdakwa yangdiancam pidana diatas 5 tahun sangat diperlukan,karena Pasal 56 KUHAP masihmengandung banyak kelemahan sehingga tidak menciptakan kepastian hukum bagi terdakwadan terkesan mati suri, oleh sebab itu diperlukan pengaturan yang lebih jelas dan terperincimengenai akibat hukum bagi aparat penegak hukum yang mengesampingkan kewajibanpenunjukan tersebut, Kedua, upaya hukum yang dapat ditempuh terpidana terhadap putusanyang telah berkekuatan hukum tetap adalah upaya hukum luar biasa yakni upaya hukumPeninjauan Kembali (PK), ini merupakan bentuk perlindungan hukum represif bagi terdakwayang tidak didampingi penasehat hukum dipersidangan.Kata Kunci : Pengaturan Ideal - Kewajiban- Penunjukan Penasehat Hukum Terdakwa

PENCEGAHAN TINDAK PIDANA TERHADAP ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK OLEH KEPOLISIAN SEKTOR BANGKO PUSAKO ROKAN HILIR Almizan '; Dessy Artina; 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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Implementation of child protection in the territorial waters of the Bangko Pusako Sector Police has not been maximally protection for children still the number of children who become victims of crime, in contrast to those already regulated in the Act. Therefore, the purpose of writing this thesis, namely: first, how the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment to Law number 23 year 2002 about child protection by Police Sector Bangko Pusako Rokan Hilir. Second, what are the obstacles in implementing prevention of crime against children based on Law number 35 year 2014 regarding the amendment to Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir. This type of research can be classified in the type of sociological law research, because in this study the authors directly approach the way by looking in terms of legislation and the reality that looks at the object of research. The author conducted this research in the Police Sector Bangko Pusako. Population and sample of this research are Kapolsek Bangko Pusako, Reskrim Criminal Polsek Bangko Pusako, Victim's Parent and / or Victim's Legal Counsel. Sources of data used are: primary data and secondary data. Data collection techniques in this study with interviews, observation, and literature review. The conclusions obtained from the results of this study are first, the implementation of prevention of crime against children based on Law number 35 year 2014 on the amendment of Law number 23 year 2002 on child protection by Police Sector Bangko Pusako Rokan Hilir not fully in accordance with what expected by the community and the aspiration of the law because the efforts undertaken by the police have not been maximized and can not touch all levels of society as a whole. Second, obstacles in the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment of Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir Sector ie society factor, facility factor and infrastructure, personnel and geographical factors.Keywords: Prevention-Crime-Against Child-Police Sector Bangko Pusako.

TINJAUAN YURIDIS PERTIMBANGAN ALAT BUKTI BERUPA KETERANGAN AHLI DALAM MEMUTUSKAN PERKARA DI PENGADILAN Rudi Antonius Panjaitan; 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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In the Indonesian Criminal Procedure Code, Article of 184 explains 5 means ofevidence. The expert information is one of the legal evidence and was ranked numbertwo after the statements of the witnesses to be examined in the trial. The expertinformation is needed to make light of a case which may be required to be presented bythe presiding judge, prosekotor and the defendant. Based on this understanding, theauthor formulates three problems, namely: The first, how is the process of filing anexpert to testify in the trial of criminal cases in the District Court ?, second, what is thejudge’s consideration in accepting the expert presented by the parties in the criminalproceedings at the District Court?, and the third, how is the judge’s judgment indeciding a case based on expert information in the District Court?.This type of research can be classified in normative legal research (legalresearch) or also called research literature by examining secondary legal materials orresearch based on standard rules that have been recorded is also called bibliographyresearch, the type of data used is using secondary data consisting of primary,secondary and tertiary legal material. While the data collection used in this writing isthe method of literature review or documentary study, the data has been collected andthen processed bay way of selection, clarified systematically, logically and juridicallyqualitatively. The author draws a deductive conclusion, drawing the conclusions of thethings that are general to the things that are special.From the result of research and discussion it can be concluded that, First, theRegulation concerning the process of submission of an expert in the trial has beenregulated in the Criminal Procedure Code, whereby the presiding judge, publicprosecutor and defendant may propose an expert if deemed necessary to make light of acase. Second, an expert presented in Court should meet the requirements set forth in thedecree of Chief justice of the Supreme Court of the Republic of Indonesia, number:36/KMA/SK/II/2013 about Enabling Environment Case Management Guidelines inChapter VII. Third, consideration of the judge in deciding a case based on the expertinformation that is based on faith, when if the party who according to the judge'sconviction is not guilty then the expert statement submitted will be more considered.Keywords: Evidence-Expert Informant-Judge Consideration.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL BIGO LIVE BERDASARKAN UNDANGUNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANGUNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KEPOLISIAN RESOR KOTA DUMAI Natasya Alfiana Sagita Saragi; 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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Internet media can give birth to new activities that are not fully regulatedby the existing law. This fact has made people aware of the need for regulationthat regulates the activities that involve the internet media. Along with theexistence of internet media in the community developed the internet media alsogave birth to new anxieties, among others the emergence of a new, moresophisticated crime in the form of cyber crime (cyber crime). The purpose ofwriting thesis in, namely First, To know how the law enforcement process and theapplication of sanctions against pornographic crime through social media bigolive based on Law No. 11 Year 2008 About Information and ElectronicTransactions. Second, To know the preventive efforts of government and lawenforcement officers in overcoming the high index of pornographic crime throughsocial media bigo liveThis type of research can be classified in the type of sociological juridicalresearch, because in this study the authors directly conduct research on thelocation or place studied to provide a complete and clear picture of the problemunder study.From the research results of the problem there are two main things that canbe concluded, First,Law Enforcement and Application of Sanctions againstpornography through social media bigo live Based on Law Number 19 Year 2016amendment to Law Number 11 Year 2008 About Information and ElectronicTransaction at the Dumai City Police Force,law enforcement at the Dumai CityResort Police has not been running as it should and the imposition of its sanctionscan’t be imposed directly on the perpetrators. Secondly, the preventive effortsundertaken by the Government and the law enforcement officers of Dumai CityPolice Force are to socialize the dangers and negative impacts of pornographythrough social media to the community.Author's suggestion, Firstly, It takescommitment in law enforcement against pornography through bigo live socialmedia.Keywords: Law Enforcement-Pornography-Dumai City Police Officer

TINJAUAN YURIDIS KETERLIBATAN TENTARA NASIONAL INDONESIA DALAM PENANGGULANGAN TINDAK PIDANA TERORISME DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 34 TAHUN 2004 TENTANG TENTARA NASIONAL INDONESIA Ricky Nainggolan; 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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Terrorism is a crime that has been classified as extraordinary crime, or extraordinary crime. It is no stranger to the world because of the ongoing series of terrorism incidents. In Law Number 34 Year 2004 the issue of terrorism is the responsibility of the Indonesian Armed Forces (TNI), with the Terror Countermeasures Unit (Sat-Gultor 81) in it, the role of dealing with the problem of terrorism if needed. Terrorism is the most distressing crime of the world community, because it can happen anytime, anywhere, and sacrifice anyone. Has been taking the world's attention especially in the last few decades. The fact that this terrorism event can not be stopped by any party, even a country with high security though still exposed to terrorism attacks.The purpose of this research is to know how the steps of authorized institutions through the involvement of the Indonesian National Army (TNI) and the Police of the Republic of Indonesia (POLRI) in tackling terrorism in Indonesia, as well as the achievement of results by the authorized institutions. Based on the analysis conducted with literature review, and by using descriptive research method, it can be seen that there are measures of countermeasures terrorism conducted by the authorized institutions, namely in the form of prevention and action. If the POLRI measures in tackling terrorism network in Indonesia through prevention covering socialization or anti terrorism campaign and action in the form of arrest and stipulation of punishment in accordance with provisions of applicable law.Prevention and action is not enough to solve the problem of terrorism in Indonesia. Because the constitution that places terrorism crimes as a criminal offense of order and security disturbance, so the problem of terrorism is only a matter of law whereas terrorism is an armed resistance that endangers the safety of the nation and the sovereignty of the state.Keywords: International Terrorism, TNI, Prevention and Action

PELAKSANAAN KETENTUAN PIDANA PERATURAN DAERAH KOTA PEKANBARU NOMOR 2 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU TERHADAP PELAKU PENGELOLA PARKIR LIAR DI LINGKUNGAN LUAR SEKOLAH MENENGAH PERTAMA NEGERI DI KECAMATAN MARPOYAN DAMAI KOTA PEKANBARU Indra Tua Hasangapon Harahap; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Regional Regulation as implementing regulations that specifically regulates Traffic and Road Transportations in Pekanbaru is Regional Regulation Number 2 year of 2009 about Traffic and Transportations in Pekanbaru. Everyone who wants to open parking area outside the road parking facilities are required to have permission from the local government which is stated in Article 259 paragraph (1) Regional Regulation No. 2 year of 2009 about Traffic and Road Transportations in Pekanbaru. However, not everyone who is opening parking area facilities have the permission of the Local Government Pekanbaru.Based on the result of the research, there are three formulation of the problems. First, the implementation of the provisions of criminal or criminal prosecution against theoffenders of illegal parking management in junior high schools area has basically done, forms of crime has been given by the Department of Transportation, Communication, and informationsof Pekanbaru are not in accordance with what has been stated in Regional Regulation Pekanbaru No. 2 year of 2009 on Traffic and Road Transportations in Pekanbaru which are imprisonment and fine. However, only punishment of fines and penalties that are not in accordance with the Regional Regulations. Second, obstacles of the implementation of the penal provisions against the offenders of illegal parking management in junior high schools area in Warpoyan Damai district in terms of personnel, in terms of casualties, and the terms of their perpetrators.Third, the efforts are being made to overcome the barriers to the implementation of the penal provisions against theoffenders of illegal parking management in junior high schools area in the District of Marpoyan Damai is in terms of personnel, in terms of casualties, and the terms of their perpetrators.Keywords: The Implementations-Parking-Regional Regulation.

PENYIDIKAN TINDAK PIDANA PERBANKAN OLEH PENYIDIK DIREKTORAT RESERSE KRIMINAL KHUSUS DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Roki Oktavianaldi; Dessy Artina; 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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In the Banking system in Indonesia there are many abuse of authority and deviation in running the activities of Banking in various ways and modes that aims to enrich themselves and a certain group of people, resulting in many occurrence of forms of violations and forms of crime in banking activities. From the increasing impact of banking crime, it is necessary for the role of Police as law enforcement in conducting investigation and investigation process on handling banking crime to provide legal certainty and protect banking activities. From the results of observation on the location of research in the investigation process by Investigator Directorate of Special Criminal Investigation Polda Riau there is handling of banking case long enough run but until now still experiencing obstacles. thus hindering the settlement of a case and an enforcement in Banking activities.From various observations and data collection and information in the form of interviews with related parties to the object of research, it can be formulated issues such as: (1) How to Investigate Bank Crime by Investigator Directorate of Special Criminal Investigation in Riau Province Police Territory; and (2) What are the obstacles of Investigation of Banking Crime by Investigator of Special Criminal Investigation Directorate in Riau Province Police Territory.Handling of banking crime by investigator based on Standart Operational Procedure (SOP), and clarified The stages related to the implementation of law enforcement professional and procedural in jurisdiction Ditreskrimsus Polda Riau, with several stages ranging from acceptance of complaints from the community, the process of investigation, the process of investigation to the final stage that is by delegating the case file declared completeto the Public Prosecution Serviceat the Riau High Prosecutor's Office. Obstacles Investigators in the investigation of Banking crime are at the time of collection of documents or important letters from the Bank, and also in the case of personnel changes where the banking crime case will be replaced by a new investigator so it is necessary to coordinate between the old investigator and the new one so as to require a long time in the settlement of a case, this obstacle is sought by the investigator as much as possible resolved to provide legal certainty against the investigation of Banking crime.

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