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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum Melayunesia Law jurnal hukum das sollen Jurnal Ilmiah Wahana Pendidikan Jurnal Ilmu Hukum Riau Law Journal
Mukhlis R
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PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN PENANGKAPAN TANPA ADANYA SURAT PERINTAH PENANGKAPAN Dian Rahma Yunelfi; Emilda Firdaus; Mukhlis R
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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Abstract

Arrests carried out in the absence of an arrest warrant made by police investigators constitute acts contrary to the law which have been explained how to implement them in the Criminal Procedure Code, especially in Article 18 and are also regulated in the Regulation of the Head of the Indonesian National Police Number 6 Year 2019 concerning Criminal Investigations. Many cases of arrests without an arrest warrant can lead to arbitrary treatment by law enforcement and cause legal uncertainty for victims or suspects.This type of research can be classified as a type of normative legal research which specifically discusses the principles of law that are carried out on the legal norms which constitute a standard of behavior or attitude.The results of the research conducted by the author are that police investigators must be held liable for criminal liability because they have made mistakes in conducting the investigation process which will refer to professionalism as law enforcement. And also can provide legal certainty for victims and their families. The mistakes made by the police investigator should be justified as they should be not only in the form of apologies but also compensation and various sanctions that can be given to him.Keywords: Responsibility-Investigator-Arrest without a warrant
PERANAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN DENGAN KEKERASAN BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN DI WILAYAH HUKUM KEPOLISIAN RESOR KAMPAR Suprayogi '; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The phenomenon of rising crime rates criminal acts of theft with violence incoming and handled by the Police Kampar lately demanded hard work in performing the duty of every police officer personnel by promoting and sustaining the law above everything, including orders from superiors. This is useful for creating a professional police force that has, dedication, ability and sufficient knowledge and in performing their duties. The phenomenon of rising crime rates criminal acts of theft with violence incoming and handled by the Police Kampar lately demanded hard work in performing the duty of every police officer personnel by promoting and sustaining the law above everything, including orders from superiors. This is useful for creating a professional police force that has, dedication, ability and sufficient knowledge and in performing their duties.
ANALISIS YURIDIS TINDAK PIDANA NARKOTIKA JENIS BARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Adelia Yunita; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Drug abuse from year to year has increased which ultimately harm the future generation. Along with the development of technology and information, began to appear, a new type of drugs. New narcotics addict who is not registered with the nature and content of legislation in Indonesia. As an example for a real case related new narcotics is indonesian artist Raffi Ahmad begining 2013. Raffi ahmad proven having and using new narcotics addict who is not registeref with the nature nd content of legislation in indonesia, namely derivate chatinone. Declare from bnn that raffi ahmad proven using new narcotics. The purpose of this research are, first to know legal consequences to new type of narcotic crime based law number 35 of 2009, second to know weakness of the sanction assosiated with asas legality. Types of research used in this study is the author of normative legal research. This case study further discusses about the principles of law and comparison of law. Source of data used are secondary data sources obtained from the literature, among others, include official documents, books, research results in the form of reports and so on. The conclusion of the research are, first legal consequences to new type of narcotic crime can not to apply because this type of the new narcotics using addict who is not registeref with the nature nd content of legislation in Indonesia incuding of legislation of narcotics crime based law 35 of 2009. The type narcotics Raffi Ahmad using is known derivative of chatinone, but not include as one type of narcotics in legislation of narcotics crime based law 35 of 2009. Second weakness of the sanction with cas like Raffi Ahmad used is appears legal vacuum, as the result of the appears legal vacuum wiil occur legal uncertainty (rechtsonzekerheid) or legislation uncertanty in society at large further it will occur disorderly law (rechtsverwarring). Advice from the author to the problems studied, first really more than need implementing regulations for narcotics crime based law 35 of 2009, contents really narcotics new type with all of derivative belong type narcotics to avoid the occurrence of appears legal vacum. Second, very expected for sanction of crime but for reahabilitation sanction for healthly society be come true.Keywords: Criminal Offense-Narcotics-Law
PELAKSANAAN PEMBINAAN NARAPIDANA WANITA DI LEMBAGA PEMASYARAKATAN KLAS II B KOTA PEKANBARU Rotua lilis; Emilda Firdaus; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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In order to provide guidance to women inmates, placement of women do classification on the basis of: Age, Gender, length of criminal sentences, type of crime and other Criteria according to the needs or developmental coaching. And coaching female prisoners held in prisons in female prisons, according to article 12 paragraph (1) and (2) of Law No. 12 Year 1995 on Corrections. Similarly, in Government Regulation No. 31 Year 1999 on the Development and Mentoring inmates and correctional further regulated in the Decree of the Minister of Justice of the Republic of Indonesia Number: 02-1990 PK.04.10 regulating Development Patterns Prisoners / Prisoners. However, in practice prisoners are still mixed. This is because the provisions of the law governing the protection aspects of women only in the conceptual level only, not followed by the implementation of such provisions in the field. Action unites women prisoners in Penitentiary II Class B Pekanbaru, not just a State denial of the rights of prisoners, but also a state violation of the provisions of Regulation Legislation.The formulation of the problem in this research is how the Implementation Guidance for Women in Prison Inmates class II B Pekanbaru, what are the obstacles in the process of development of female prisoners in Penitentiary II Class B Pekanbaru and how efforts to overcome obstacles in the process of coaching women. This type of research is research sociological analysis of law enforcement training female prisoners in Penitentiary II Class B Pekanbaru. The nature of the said research Descriptive research into the conduct of an event certain areas at certain times that have a picture of the initial data issues to be investigated, especially with regard to the title.In the implementation guidance to women prisoners are still many obstacles, this is caused by lack of facilities and infrastructure, sertaa nggaran for guidance from the government that can not meet the requirements of Class II B Penitentiary Pekanbaru, so Penitentiary II Class B Pekanbaru, taking policy itself in the Implementation guidance on female inmates, and using the budget of the government as well as possible, in order to achieve optimal development.
PENGUMUMAN IDENTITAS SEBAGAI HUKUMAN TAMBAHAN TERHADAP PELAKU PEDOFILIA DI PERADILAN INDONESIA Andrio Chris Waldi Pasaribu; Emilda Firdaus; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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One of the problems faced by the Indonesian people today is the crime of sexual violence. Pedophilia as a sexual orientation by liking minors. As a distorted orientation and contrary to applicable norms. Pedophile behavior often leads to sexual violence. Based on the characteristics that exist that the ability to seduce a reliable pedophilia that can deceive children and the nature of pedophiles who love to move locations cause this to make it not an ordinary crime. Very often cases of pedophile crime appear and are revealed after the number of victims who report. The effects of pedophilia crimes lead to mental trauma, genital and rectal injuries and the potential to be a future offender for victims for boys. In Government Regulation in Lieu of Law Number 1 of 2016 on the second amendment of Law No. 23 of 2002 Regarding child protection, it allows additional penalties to announce the identity of the offender. as a form of deterrent effect and protection to the community, but there is no formal criminality in the form of implementation so that the ideal concept is needed so that additional punishment can be carried outThis type of research is a normative legal research that is using literature study in finding data. This research is descriptive in nature which tries to provide detailed and detailed data on the existing problems. In writing this research using qualitative data analysis which means explaining and concluding about the data that has been collected by the author. This study uses secondary data or scientific data that has been codified.The results of this study are to explain that the material penalties for additional sentences announcing the identity of the perpetrators have been clearly regulated. but for formal criminal arrangements have not been clearly regulated. thus causing additional punishment is not perfect. The author provides an ideal concept in the form of announcements of identity given to the public through mass media, print and social media, Announcement of identity is also given to educational institutions and the Ministry of Law and Human Rights. announcements of identity are also given through the website managed by the Indonesian child protection commission. Announcement of identity is done in order to reduce the level of pedophile crime and provide protection for children and society.Keywords: Announcement Of The Identity Of The Offender - Additional Punishment - Pedophilia.
PENERAPAN SANKSI TERHADAP ANGGOTA POLISI YANG MELAKUKAN KEKERASAN TERHADAP JURNALIS SAAT DEMONSTRASI DI INDONESIA Widya Kus Anggraini; Mukhlis R; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Journalists or journalists are people who do journalistic work, it turns out that there is still no guarantee of protection for journalists while carrying out their journalistic duties even though it has been explicitly regulated in Law Number 40 of 1999 concerning the Press. Violence committed by police officers is not processed and sanctions are not implemented, because the police themselves do not want to investigate these causes because it will damage the image of the police. Meanwhile, the application of sanctions against police who commit violence against journalists has been regulated in Government Regulation Number 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police.This research is structured using the juridical normative research type, which is research focused on examining the application of the norms or norms in positive law. The approach used in this study is to use a normative juridical approach, namely literature law research, using the protection principle normative research type. Sources of data in this study are secondary legal materials and are assisted by primary and tertiary legal materials. The data analysis used by researchers is qualitative analysis, which is the data analyzed by not using statistics or numbers describing descriptively. The author draws a deductive conclusion, namely drawing conclusions from general matters to specific mattersThe results of this study, based on Government Regulation No. 2 of 2003 concerning the Technical Implementation of General Courts for Members of the Indonesian Police, have regulated sanctions for the police. However, the application of sanctions to police officers who commit acts of violence against journalists is very loose and weak in imposing sanctions. The absence of sanctions against police officers who commit violence against journalists, does not provide a deterrent effect to unscrupulous police officers. With the existence of criminal provisions in Law Number 40 of 1999, it should have provided a sense of security to journalists in carrying out their journalistic duties.Keywords: Sanctions Application, Police, Journalist, Violence
TINJAUAN YURIDIS PENGHAPUSAN PIDANA MATI DARI PEMIDANAAN DI INDONESIA (Studi Putusan Mahkamah Konstitusi Nomor 2-3/PUU-V/2017) Asri Evanggeline Silalahi; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The right to life is protected by a constitution that is imbued with humanity in Pancasila, but to date the Indonesian legal system still applies to the death penalty. This is in contradiction with the concept of humanity in Pancasila. The right to life is a category of rights that cannot be violated, reduced, and limited under any circumstances, including within the limits of formal regulations because the Constitution of the Republic of Indonesia is the highest provision in a state of law in Indonesia and no other provisions who can rule it out. The purpose of writing this thesis, namely; First, to find out whether capital punishment is still relevant to be maintained in the Criminal Code and other laws and regulations in Indonesia, Second, to find out the ideal concept of fulfilling human rights related to capital punishment in the Unitary State of the Republic of Indonesia.This type of research is normative legal research, library law research by conducting the study of legal principles. Data sources used in this study are secondary data, namely data obtained from literature such as legal journals, books, judges' decisions related to research. This data analysis is done qualitatively and deductive conclusions are drawn.From the research results there are two main problems that can be concluded. First, Indonesia is a country that still adheres to the death penalty in its positive law. Capital punishment is no longer relevant to be maintained in the new National Criminal Code in Indonesia or the provisions of regulations outside the Criminal Code, because capital punishment is contrary to the souls that exist in the 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights and besides that capital punishment shows the inability of the state to educate prisoners in a better direction. Second, the protection, promotion, enforcement and fulfillment of human rights are the responsibility of the state, especially the Government. Life sentence in moral, physical and psychological terms is far more severe than a death sentence. The government must draft a Criminal Law in accordance with the constitutional directives and a number of Human Rights Laws, one of which is to revoke articles containing the death penalty.Keywords: Death Penalty, Human Rights
A. Pendahuluan Tindak pidana korupsi merupakan salah satu kejahatan non konvensional yang semakin populer dikalangan masyarakat. Dalam Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi sebagaimana diubah dengan Undang-Undang No Dedy Saputra; Dodi Haryono; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Issues concerning policy lately quite a few are processed and charged under the Law of Corruption, giving rise to polemics. Polemic about whether or not charged with criminal policy, until now still leaves the issue. criminal liability a person against a crime that happened not in spite of the existence of the elements of criminal liability relating to the offense maker itself, which among others include the ability of responsible, errors in the broad sense and the absence of an excuse and justification. elements of error is the main element or a central element in criminal liability . Persons who have committed a criminal act can be held accountable for criminal conduct against him in a criminal act if it does have an element of error. State administration officials who make policy if the policy is set in an element of abuse of authority or policy behind the enactment of the law against these officials and have malicious intent (mistakes) intentionally want to earn a profit for themselves or others and may cause financial loss to the then state policymakers may be liable.
PERTANGGUNGJAWABAN PIDANA TERHADAP PEMILIK DOMAIN CYBERPORN BERDASARKAN UNDANG UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI Ibnu Ricki Rezky; Mukhlis R; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Talking about the crime of pornography can not be separated from criminal liability. Domains are still accessible and also provide blocking pornography and should be held accountable to the domain owner. Because the owner of the domain can be categorized as pornography providers in offering services based on Article 4 of Law No. 44 Year 2008 on Pornography.
TINJAUAN KRIMINOLOGI TERHADAP KETERLIBATAN WANITA DALAM PEREDARAN NARKOTIKA DIHUBUNGKAN DENGAN UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KOTA PEKANBARU Cindy Syafira; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This research is in the form of discussing the involvement of women in narcotics circulation. Efforts to illegally distribute narcotics by using people as distribution or courier are often carried out to be able to widely distribute narcotics. This is because the development of Narcotics circulation increasingly shows the variation where in activities that are contrary to the law by involving women to become Narcotics couriers. The problem in this thesis is the factor that causes women's involvement in narcotics distribution and how prevention efforts need to be done to prevent the involvement of women in narcotics distribution and how the application of criminal acts against women as narcotics dealers based on Law Number 35 of 2009 concerning Narcotics.This research uses sociological research. Secondary data was obtained from library research which included literature books, legislation, court decisions, and others. Primary data were obtained directly from research in the field by conducting interviews and questionnaires to informants.Based on the results of research and discussion, it can be concluded that, the form of involvement of women in narcotics circulation is basically as a narcotics courier. Factors that cause women's involvement in narcotics circulation in terms of criminology are: Economic factors, where women make narcotics distribution activities as their livelihoods, environmental factors, educational factors, and factors that lack understanding of the law. Efforts undertaken by the government and law enforcement agencies are: Providing socialization to women about the dangers of narcotics, empowering women in positive activities, and also opening up employment opportunities for women and conducting law enforcement by applying maximum penalties to narcotics dealers. Judicial considerations Judge in imposing a crime against narcotics dealers according to the decision of the Pekanbaru District Court is that the Public Prosecutor's Subsidair is accused of violating the provisions stipulated and threatened with criminal offenses in Article 112 paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics.Keywords: Criminology - Women - Crimes – Narcotics
Co-Authors ', Erdiansyah Abdi Afriando Adelia Yunita Adi Tiara Putri Adi Tiaraputri Afrido Hidayah Ahmad Hadi Ikhrom Aisyah Nur Roma Dani ALBERT PH SILALAHI Aldean Dipa Damanik Aldilah Ramadhan Ali Mujiono Altria Dewi P Alya Oktari Rahma Anak Agung Istri Sri Wiadnyani Andrikasmi, Sukamarriko Andrio Chris Waldi Pasaribu Anggi Fridayani Putri Apilla Rahma Putri Aryanto, Fickry Asri Evanggeline Silalahi Bayu saputra simanjuntak Cindy Syafira Cut Tita Rendriana DANIEL SITORUS Davit Rahmadan Debora Aprissa Hutagaol Dedy Saputra Defi, Delvita Eri Denu Pahlawardi Desi Yana S Desmawita Desmawita Dessy Artina Dhea Natalie Simarmata Dian Oktami Dian Rahma Yunelfi Dinda Anggun Komala Citra Dini Pryani Dino Setiawan Dirgantara, Aditya Dodi Haryono Dody Haryono Donal, Roy Fran Donni Saputra Duwi Cut Diana Putri Edo Bikana Barus Eliyani Esther Marlina Elmayanti Elmayanti, Elmayanti Emilda Firdaus Erdiansyah ' Erdiansyah Erdiansyah erdiansyah erdiansyah, erdiansyah Erdianto Effendi Erdianto Erdianto Erdiianto ' erinda sinaga erinda sinaga, erinda Evi Deliana HZ Fadia Inayah Putri Fatahillah Lubis Fauzi Rizky Ferawati Ferawati Ferawati Ferawati Firdaus ' Firdaus Firdaus Firman Tambunan Fitrah Zaki Amri Fitri, Uli Annisa Fredrick Constanthia Thianda Frontya Moren Westy Grace Hanin Grace Tiur Esterella Silalahi Gusniardy, Raja Thesa Hanif, Dean Prakasa Harinal Setiawan Hasan Basri Hasan, Muhammad Yusuf Innamul Hengki Purnata Hidayahtullah, Yusuf Hidayat, Tengku Arif HUSNUL KHOTIMAH Ibnu Ricki Rezky Iffana Hayu Ikhsan kurniawan Ilham Yudha Kurniawan Indana Frishilya INNIKE DERISA Irfan MH Siregar IRFAN SUTIKNO RAMADHAN Isfan Santia Budi Ismaeri, Randy Iwan Lesmana Riza Jhon Nover Siburian Jodi Saputra Johan Johan JOSUA FEBRIANTO Karefna, Ditya Karina, Gerith Kevin Pardede Kowland Hawary Krisananda, Aldi Kristin Muliani Lase, Jovial Kristian Latifah Alkhairiyah Ledy Diana Lepina Rotua Sinaga Lina Dwita Damryani Situmorang Lutfi Akmal M Hafidh Novaldi M Sadam Husin Mardiansyah, Khairil Maria Maya Lestari Maryati Bachtiar Masdiana Simbolon Mexsasai Indra Mohamad Ikrom Muhammad A. Rauf Muhammad Abid Alhafiz Muhammad Adil. MA Muhammad Fathra Fahasta Muhammad Iqbal Dzulfikar Muhammad Nanda Khairul Muharram Saidi Akbar Siregar Nabila Triyuliani Hasdania Nadya Alika Jely Nadya Safitri Nadya Serena Nasution Nasution, Nadya Serena Naufal Nata Prawira Novem S Hutauruk Nur Shinta Sundari Pika wahyu pratama Prabowo, Nugrah Purba, Boy Calvin Putri Asri Sri Rahayu Putri Sasbita Aqila Putri, Adi Tiara Putri, Intan Khaula Rahmayana, Rani Regita Triana Aulia Rika Lestari Rizki Anlapater Robin Aritonang Ronaldo Stefano Rosmawati Rosmawati Rotua lilis Sandri Sandri Saragih, Kevin Jeremy Putra Saskia Salsabilla Luthfi Selly Salsabila Septavio Thoyyiba Ridwan Sianipar, Jhon Lenon Sipatuhar, Chindy Maria Rohani Situmorang, Lina Dwita Damryani Situmorang, Poltak H Solly Aryza Sona Seki Halawa Sopiandi Pakpahan Sukamariko Andrikasmi Sundari, Nur Shinta Sunggul Situmorang Suprayogi ' Syaifullah Yophi Ardiyanto Teddy Guntara teguh eka putra Tengku A. Hidayat Tengku Arif Hidayat Thika Shalsabillah Tri Wulandari Adhyaksa Triya Yunita Permata Sari Victor Silalahi Vira Andina Putri Wahyu Rizqy Yusmanita Weldy Marlius Weli Gusnanda Widia Edorita Widya Kus Anggraini Willa Maysela F Windra Imanuel Ambarita Wyndaria, Annisa Yayi Suryo Prabandari Yolanda Putri Yosef Mattew Nathanael Yudhistira Nugraha Yudith Muhammad Yunelfi, Dian Rahma Zulfikar Jaya Kusuma Zulfikar Jayakusuma