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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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TINJAUAN YURIDIS TERHADAP PEMERIKSAAN BERITA ACARA SAKSI DALAM PERKARA PIDANA NARKOTIKA NOMOR:778/PID/B/2011/PN.PBR DI PENGADILAN NEGERI PEKANBARU. Wahyu Rizqy Yusmanita; Mukhlis R; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Narcotics criminal case number : 778/PID/B/2011/PN.PBR in Pekanbaru District Court complaint originated from one society to Br . Mastur that the defendant often buy narcotics Category I ( one ) of dry marijuana , then witness Mastur and Rahmat Hasbi who is a member of the police directorate Riau regional police drug detectives raided the defendant's home and found 1 ( one ) package of dried marijuana leaves wrapped in newspaper and in inside is a 1 ( one ) package of dried marijuana leaves small . Based on the examination of the defendant be examined and investigated by the investigator and the Riau Police Narcotics Investigation Directorate , and was charged by the public prosecutor on charges of violating the provisions of Section 114 and punishable Paragraph ( 1 ) Jo Article 111 Paragraph ( 1 ) of Law No. 35 of 2009 on Narcotics . This case has also been examined and decided by the judges at the Court of Pekanbaru acquittal . In conducting this study the authors chose the subject matter , namely : How the BAP witnesses during the investigation that resulted in acquittal in the criminal case of pure narcotic Number : 778/PID/B/2011/PN.PBR and What accounts free judge in the case dropped this . The purpose of this thesis , namely ; First , the validity of the dossier Knowing witnesses that resulted in a verdict with narcotics criminal case number : 778/PID/B/2011/PN.PBR , Second , Knowing the judge's decision is based on consideration of the minutes of the examination of witnesses in criminal case narcotics Number: 778 / PID/B/2011/PN.PBR .The method used in this study were classified its kind when viewed from the normative legal research. While the data used consisted of secondary data including primary legal materials and secondary legal materials and legal materials tertiary.The results of the study are: Making minutes of examination of witnesses on narcotics criminal case number: 778/PIB/B/2011/PN.PBR not conducted in accordance with the laws that govern them because they do not meet the elements of material and formal elements of a investigation report. investigation report that was not accepted by the judges as evidence that this is considered to be one of the judges in decisions independent of the defendant and the panel of judges at the district court in Pekanbaru into consideration as follows: "of the evidence and legal facts revealed in court that the defendant was not proven legally and convincingly guilty of committing a criminal act as public prosecutor in the indictment "and in that case the judges on the Court of Pekanbaru acquit the defendant of the charges the prosecutor
Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn) Lina Dwita Damryani Situmorang; Mukhlis R; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The reason for the annulment of punishment is a regulation that is primarily aimed at judges. This regulation stipulates the various circumstances of the perpetrator, who have fulfilled the formulation of offenses as stipulated in the Law, who should be convicted, but not convicted If a person who makes a forced defense which is the reason for the annulment of punishment, is later found guilty of his treatment, then this is clearly contrary to the substance of the rule of law itself as in Article 49 of the Criminal Code.This study will examine the subject matter according to the scope and identification of the problem through a normative juridical approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn. Based on the normative research method, the data source used in this study is a secondary data source consisting of 3 legal materials, namely: primary legal materials, secondary legal materials, tertiary legal materials. Data collected from literature study.Then from the results of the research related to the noodweer, there were cases related to forced defense, including in Decision Number 1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who made a forced defense by committing acts of persecution which led to the death of a person. , was convicted and convicted as a perpetrator of a criminal act of maltreatment and ended in the defendant being convicted by imposing a punishment for Development in an Institution at a Child Welfare Institution for 1 year. This is certainly contrary to Article 49 of the Criminal Code, which should not be punished, especially because the perpetrator is a child.Keywords: Application of Forced Defense (Noodweer) - Decision Number: 1/Pid.Sus-Anak/2020/Pn.Kpn
KEBIJAKAN HUKUM PIDANA KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DIKAITKAN DENGAN SISTEM PEMIDANAAN Isfan Santia Budi; Emilda Firdaus; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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One form of protection for children to anticipate the increase in violence against children, the Government issued Perpu Number 1 of 2016 which was ratified into Law Number 17 of 2016 concerning the stipulation of Perpu Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning Child protection. The regulation provides assistance on the strengthening of sexual crimes, especially children. In the Perpu criminal assistance and action. The Perpu states that the perpetrator who commits a criminal act can be given action in the form of chemical castration with rehabilitation which will be reviewed directly through the criminal system.This study aims to explain the chemical castration criminal law policy that applies in Indonesia in relation to the purpose of punishment. This research is a normative juridical research that conceptualizes law as a norm including values, positive law and court decisions. Legal materials are collected by means of document studies and library research, namely by combining primary, secondary and tertiary legal materials related to chemical castration criminal law policies in terms of criminal law and criminal law policy theory.The conclusions that can be obtained from the research results are First, the criminal law policy in Law Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning Child Protection views chemical castration against perpetrators of sexual violence in children currently considers chemical castration as an act that is separate from rehabilitation efforts does not look at chemical castration in the context of the perpetrator's rehabilitation. Second, the ideal castrated criminal law policy against perpetrators of sexual violence against children is associated with the criminal system, namely paying attention to the criminal system itself so that the criminal law policy process is mutually correlated, because in the criminal system there is such a thing as a relative theory or objective theory.Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration, Criminalization.
KEKUATAN YURIDIS FAKTA PERSIDANGAN DALAMPENGAMBILAN PUTUSAN OLEH HAKIM (STUDI KASUS PERKARA PIDANA NOMOR 1532/PID.B/2009/PN.JKT.SEL ATAS NAMATERDAKWAANTASARI AZHAR) Denu Pahlawardi; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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The factthe trialisthe factthatemerges fromthe evidence andthe evidenceshownat trial. Considerationdroppingadecisionmust bebased onthe factthatthe trialis constructedintoaseries offact that there wasacriminal offense. Legally, the factsarebasicconsiderationsforthe trialjudgein making the decision. theSouthJakarta District Courton behalf ofdefendantNo.1532/Pid.B/2009/PN.Jkt.SelAzhar, thatthe judgesdo notemploy the use ofthe factsthatemergedfromthe trialevidenceandlegalevidenceandfiledin the trialas the basisconsiderationbydeciding the case.Key words: Kekuatan Yuridis –FaktaPersidangan – Putusan Hakim
PERTANGGUNGJAWABAN PIDANA CV. PERMATA BUNDAATAS TINDAK PIDANA KECELAKAAN LALU LINTAS OLEH PENGEMUDI BERDASARKAN UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA DURI Weli Gusnanda; Mukhlis R; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Land transportation can reach all points in Indonesia. Thus, transportation is a necessity that cannot be separated from the growth of society, especially in this era of globalization, which all require a faster media. Transportation facilities in Indonesia certainly play an important and strategic role so that their implementation is controlled by the state, and their guidance is carried out by the government. Thus, it is hoped that the existence of transportation will be able to influence all aspects of life, especially the smooth flow of trade and development results. And the existence of traffic has a function in accordance with the objectives of national development, namely to form a just and prosperous society both materially and spiritually based on Pancasila and the 1945 Constitution of the Republic of Indonesia.The problem that the writer makes the basis of this research is how the criminal responsibility of CV. PermataBunda for the crime of traffic accidents by the driver of CV. PermataBunda and What are the obstacles faced in law enforcement for traffic accidents by drivers of CV. Jewel Mother in the City of Duri?This type of research used by the author is sociological legal research, which is also called doctrinal legal research. This normative research is a study that discusses legal principles, legal systematics, the level of legal synchronization, legal history and legal comparisons. From this sociological legal research, the author is interested in conducting research using legal systematic criteria. The results of this study are firstly that corporate criminalization is often associated with financial problems, but in principle it has more than that. This is supported by the fact that currently a business entity is formed to achieve prosperity, whether it is implemented by the government or by an individual or a group. The same is the case with one of the public transportation corporations located in Mandau sub-district, Duri city, namely CV PermataBunda, which in terms of solving problems that occur in traffic accidents carried out by one of the drivers or drivers, in this case the settlement made by CV PermataBunda Not at all affected by the criminal action, in this case CV PermataBunda only provides compensation to the victim but the one being convicted is the driver or the driver, in accordance with the provisions of Law Number 29 of 2009 Article 315, CV PermataBunda should also be convicted by punishment in the form of imprisonment or a fine as well as suspension of public transport permits. The two factors that influence law enforcement on traffic accidents by CV drivers. The gems of the Mother in the City of Duri are; legal factors, law enforcement factors, facilities and infrastructure factors and supporting facilities as well as community factors.Keywords: Transportation, Public Transport, accidents
PERANAN UNIT IDENTIFIKASI DIREKTORAT RESERSE KRIMINAL UMUM POLISI DAERAH RIAU DALAM MENGUNGKAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA MENGGUNAKAN METODE DACTILOSCOPY Willa Maysela F; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Developments in science and technology can give birth to a crime that varied both in quality and quantity in this particular crime of premeditated murder, as one of the functions of the technical assistance in disclosing the perpetrators of murder scientifically Identification Unit still not up or in other words not managed to uncover the perpetrators of these crimes by using the method Dactiloscopy (fingerprint identification).
PERANAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA KEJAHATAN ASUSILA YANG DILAKUKAN ORANG DEWASA TERHADAP ANAK DI KOTA PEKANBARU Harinal Setiawan; Dody Haryono; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Are immoral act or behavior that deviates from the norms or rules of politeness which currently tends to occur among many people, especially teenagers. Islam with the Quran and Sunnah have put up a frame for human life in order to be beautiful and clean life of depravity. According to the Islamic view, high and low spirituality (spiritual) in a society is closely related to all his behavior, not only system behavior besifat mahdah worship (special) such as prayer and fasting, but also the behavior of worship are ghairu mahdah (general) such as the matters related to social. The factors that lead to criminal acts are immoral because of the times and technological advances are issuing new products such as films, videos negative effect that makes a person who saw the movie or the video wants to do what they see in movie or video, presence of books in the negative smell that makes someone want to read delusional and immoral actions, issues of economic pressures, and the lack of understanding of the values of religion and morals. The factors that lead to criminal acts are immoral because of the times and technological advances are issuing new products such as films, videos negative effect that makes a person who saw the movie or the video wants to do what they see in movie or video, presence of books in the negative smell that makes someone want to read delusional and immoral actions, issues of economic pressures, and the lack of understanding of the values of religion and morals. In the case of a criminal act committed immoral adults to children in the city of Pekanbaru is an issue and the need for the role of the police against the immoral criminal offense committed against a child adults in the city of Pekanbaru.
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM ILLEGAL FISHING DI INDONESIA (STUDI KASUS PUTUSAN NOMOR 05/PEN.PID.SUS/2015/PN.AMB) Hengki Purnata; Zulfikar Jayakusuma; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Corporate criminal liability in illegal fishingin Indonesia is contained in Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries which states that if the criminal act is committed by a corporation, the corporation is also subject to criminal sanctions through its management. And in reality in Decision Number 05 / Pen.Pid.Sus / 2015 / PN.Amb and Decision Number 01 / Pid.Sus / Prk / 2015 / PN.Amb, corporations are not subject to criminal sanctions or alternative sanctions. So that the decision Number 05 / Pen.Pid.Sus / 2015 / PN.Amb and also in the Decision Number 01 / Pid.Sus / Prk / 2015 / PN.Amb must be scrutinized and studied to improve the decision.This type of research is structured with a normative juridical research type. The approach used in this study uses a normative approach, namely literature law research.The results of the research from the author show that the regulation regarding the criminal responsibility of illegal fishing committed by corporations must be further regulated that those who can be prosecuted for an illegal fishing act are not only those who are direct perpetrators in the field but also those who are directly behind them and in practice of responsibility Corporate crime related to illegal fishing crime should involve the corporation in the imposition of the punishment. It would be unfair to pass all the blame on the Fishing Master and his captain alone.Keywords: Accountability - Corporation - Illegal Fishing
PERTANGGUNGJAWABAN KORPORASI TERHADAP TINDAK PIDANA SUAP BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Nadya Alika Jely; Erdianto Effendi; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Corporate criminal action in the case of bribery offense, basically is an act that is carried out by directors and / or corporate employees, at every level that carries out their duties and functions and can represent the corporation, which can result in criminal liability. Both to the corporation and together with its employees personally, criminal liability can be held. The modus operandi of bribery is carried out directly and indirectly in various forms. The reason and the purpose of corporations to make bribes is to maximize profits and survive global competition, as well as the reasons for extortion carried out by certain officials, officials or bodies or protection of corporations that conduct illegal business. This bribery crime is regulated in Law Number 20 of 2001 concerning Amendment of Law No. 31 of 1999 concerning Eradication of Corruption. This research uses the typology of normative legal research or also called doctrinal legal research, which more specifically discusses the principles of legal law. In this study the authors used the nature of descriptive research, because the authors describe the Corporate Liability Against Bribery Based on Law No. 31 of 1999 Concerning Eradication of Corruption.The results of the research conducted by the author are, Corporations must be held liable for criminal liability because the corporation as the maker and at the same time responsible is because the profits obtained by the corporation or the losses suffered by the public can be so great and the bribery crime by the corporation has the main motive is in the interests of the corporation itself and can be another source of crime. Judges should impose additional criminal sanctions on corporations as stipulated in Article 18 of Law Number 20 of 2001 concerning Amendment of Law Number 31 of 1999 concerning Eradication of Corruption, there are various obstacles, including the problem of proving mistakes in imposing crimes and absence of additional crimes.Keywords: Liability - Corporation- Criminal Act - Bribe
PERTANGGUNG JAWABAN PIDANA PEJABAT ADMINISTRASI NEGARA YANG TIDAK MEMPEROLEH KEUNTUNGAN DALAM TERJADINYA TINDAK PIDANA KORUPSI (Studi Kasus No.12/Pid.sus-TPK/2018/PN.PGP) Arief Budiman; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The rampant criminal acts of corruption in Indonesia are not only detrimental to Statefinances, but have been a violation of the social and economic rights of the community at large. corruptionis no longer a national problem, but has become a transnational phenomenon so that internationalcooperation becomes essential in preventing and eradicating it. unusual efforts are needed, butextraordinary efforts in the handling and eradication of criminal acts of corruption. One of the efforts thatcan avoid the deterioration of Indonesia due to corruption is to make efforts to seize and return to assetsresulting from criminal acts of corruption that are based on legislation in force in the Indonesian positivelegal system. However, many state administration officials were caught in corruption cases because theymisused the authorities that were in them. The limits of this authority should be more clearly formulated, sothat what kind of authority can be said to violate the authority in Administrative Law, and violation ofauthority as what is said to be a violation of the Corruption Crime authority. Based on this exaggeration,the author identifies two formulations of the problem, First What is the criminal responsibility of stateAdministration officials who do not benefit from the occurrence of criminal acts of corruption. Second, howis the judge's judgment in deciding the case of corruption.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative research examines theprinciples of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,data collection techniques in this study are normative juridical, the data used is library research.Based on the results of the research and the problems in this study is the criminal responsibility forcases of corruption in the distribution of rotating funds LPDB-KUMKM which was decided by the panel ofjudges against the defendant in favor of the maharta in accordance with Article 3 of Law no. 31 of 1999concerning Corruption Crime jo Law no. 20 of 2001 concerning Amendments to Law Number 31 of 1999concerning Eradication of Corruption Crime, namely the existence of an element of abuse of authority fromthe perpetrators, in addition to the absence of forgiving reasons as justification. As for the judges'consideration in imposing criminal sanctions on perpetrators due to legal factors, the loss of state finances,to which the defendant committed corruption and the elements contained in the indictment of the publicprosecutor.Keywords: Corruption, Criminal Accountability
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 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 Hasdania, Nabila Triyuliani 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 Luthfi, Saskia Salsabilla 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 Nadya Alika Jely Nadya Safitri Nadya Serena Nasution Nasution, Nadya Serena Naufal Nata Prawira Novem S Hutauruk 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 Selly Salsabila Septavio Thoyyiba Ridwan Sianipar, Jhon Lenon Sipatuhar, Chindy Maria Rohani Siregar, Muharram Saidi Akbar 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 Syamsiar, Syamsiar 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