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IMPLEMENTASI PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI DI INDONESIA Melia Wulandari; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Indonesia as a country that adheres to the Continental European legal system, which is a legal system inherited from the Netherlands, has also implemented corporal punishment. However, even though Indonesia has embraced corporal punishment, until now there are still few corporations that are made as suspects or defendants in the process of law enforcement against corporations, especially in criminal acts of corruption.The purpose of this thesis, namely: first, To Know the Implementation of Corruption Against Corporations in Corruption in Indonesia. Second, To Know the Obstacles in the Implementation of Penalties Against Corporations in Corruption in Indonesia. This type of research is classified into a type of normative research. With the technique of collecting legal material sources in research carried out by identifying and inventorying primary legal materials, and collecting secondary, tertiary materials obtained through literature, which also ruled the cases sampled.From the results of the study, the reluctance of law enforcers to indict defendants as individuals and not corporations in criminal acts of corruption; because the punishment that the court will bring against the corporation may not be a death penalty or a prison sentence, even though this criminal sanction with sharp sanctions is expected to have a deterrent effect on the perpetrators and satisfy the sense of justice of the people who want the perpetrators to be imprisoned. Second, in proving to prove the "mistake" of the corporation in terms of the element of "against the law", law enforcers find it difficult to obtain theories or doctrines and legal basis regarding "mistakes" of corporations which have turned out to be conflicting among criminal law experts. It is different from theories or doctrines and the legal basis of the "mistakes" of individuals who in general criminal experts agree that only people can have the element of "error". The error of law enforcers proves that acts as an individual error in corporate criminal acts will result in the defendant in some of the above cases being broken free (vrijspraak) by the courtKeywords: Corruption - Corporations – Corruption

ANALISIS PUTUSAN NOMOR 24/PID.PRA/2018/PN.JKT. SEL TENTANG PUTUSAN HAKIM MENGENAI PENETAPAN STATUS TERSANGKA BARU DI PRAPERADILAN Vika Anggraini; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Pretrial is a judicial institution that only has authority limited to deciding whether the arrest or detention is valid or not, termination of the investigation, termination of prosecution, including compensation or rehabilitation for someone whose case has been terminated. But in judge Effendi Mukhtar decision as a single judge in a pretrial case Number 24 / Pid.Pra / 2018 / PN.Jkt.Sel dropped a verdict in which one of the contents stated "Establishing a suspect against Boediono, Muliaman D Hadad, Raden Pardede and others". The decision was deemed unusual because the order to determine the suspect did not include pre-trial competencies which had been valid and considered to be beyond authority because the determination of the suspect was the authority of the investigator after the minimum evidence was met, as well as the suitability of the alleged offense. The purpose of this thesis, namely: First, to determine the authority of the judge in deciding the determination of the status of a new suspect in pretrial. Second, to find out the basic reconstruction of judges' consideration in the decision to better accommodate the legal values and sense of justice that lives in the community.This type of research can be classified as normative, research conducted by examining secondary legal material or research based on the standard rules that have been recorded is also called library research.Based on the results of the study, two things can be concluded. First, even though judges may be progressive, they certainly must not violate criminal procedural law, in this case, the pretrial procedural law. Determination of a suspect is absolutely the authority of the investigator, so it should be for the sake of legal certainty, the judge cannot give the verdict as in the pretrial decision number 24 / Pid.Pra / 2018 / PN.Jkt.Sel. Second, the construction of judicial legal considerations is closely related to how judges behave. The attitude of judges is important especially as the basis of the judge in handling cases. This attitude also fortifies the judge from despicable acts. Even though the judge's attitude was reflected and regulated in the provisions of the judge's code of ethics, however, the reality showed that the judge's attitude was far from expectations.Keywords: Pretrial - Determination of New Suspects - Judge Considerations

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUAL BAHAN BAKAR MINYAK ECERAN DI KOTA PEKANBARU Reski Aslamiah Lubis; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 22 Year 2001 concerning Oil and Gas regulates upstream business and downstreambusiness in the commercial sector and can be implemented after obtaining permission from the government.This study raises the issue of retailers of fuel oil who do not have permission from the government but do notimplement criminal law enforcement processes. The purpose of this research is also to first discuss how lawenforcement against retail oil fuel sellers is linked to Law Number 22 Year 2001 concerning Oil and Gas.The second is what is the reason for the seller of oil-based fuels to do fuel oil trading without permissionfrom the government. Researchers use research methods with juridical sociological approaches.This research method uses primary data, namely data obtained directly from the field, and alsosecondary data, namely literature studies using primary legal materials secondary legal materials, andtertiary legal materials. The data is then used to describe an object problem in the form of synchronizing thefacts that occur with the applicable laws and regulations.Based on the results of the study, it can be seen that the criminal act of selling retail fuel has notbeen running as it should because of a lack of socialization between the government and the publicregarding the procedures for trading fuel oil, then a lack of legal awareness in this case the retailercomplies with criminal provisions 22 of 2001 concerning oil and gas, increasing economic needs is thereason people sell fuel in retail and the length of the process of making business licenses is the reason forconducting ecran fuel trading without permission.Keywords : Law Enforcement, Retail Fuel Seller, Justice

KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG NO. 40 TAHUN 1999 TENTANG PERS DIKAITKAN DENGAN ASAS KEPASTIAN HUKUM Wiby Fitria Alda; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Criminal law policy in the press is still a problem for the press and society. The absence of regulations governing clear criminal sanctions against criminal acts of defamation committed by the press in Law No. 40 of 1999 concerning the current press. Currently, they still use regulations from other laws such as the Criminal Code, the Information and Electronic Transactions Law of 2016. The sanctions for criminal defamation vary in each regulation. So that there is no legal certainty for the press and the public. So that there will be no more debates between the press and the public if problems occur between them, it can be resolved according to the law per situ itself and provide legal certainty for Law No. 40 of 1999 About the Press. So that the creation of justice in society. This research uses the typology of normative legal research or also called doctrinal legal research, which more specifically discusses legal principles. In this study the author uses the nature of descriptive research, because the author describes the Criminal Law Policy Against the Crime of Defamation in Law. No. 40 of 1999 About the Press Related to the Principle of Legal Certainty. The results of the research conducted by the author, Law No. 40 of 1999 concerning the Press which should be supplemented with regulations in it such as regulations governing criminal defamation carried out by the press and what are the sanctions so that it can be said to be a lex specialist and give effect. deterring press people who are not professional in carrying out their duties. The criminal law policy given to the people of the press aims to maintain order in society and improve the personality of the perpetrator. The government should make the formulation of criminal sanctions in the current press law that can be applied. and Judges are judges in sanctions against press offenses to put more emphasis on the press law.Keywords: Criminal Law Policy - Press - Crime – Defamati

Tinjauan Yuridis Batasan terhadap Gratifikasi Dan Hadiah Berdasarkan Undang-Undang Nomor 20 Tahun 2001 Tentang Perubahan atas Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi Elsi Renhar; Erdianto '; Davit Rahmadan
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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One of the crimes that are not able to be accommodated by the Laws and Regulations of the State of Indonesia is the Criminal Act of Gratification. New gratification is known in Law Number 20 of 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The essence of this legal normative research is more about the limits of gratification and gifts in Indonesia. So from this, these restrictions use Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption.There are two formulation of the problem in this study, namely, First, how are the limits on gratuities and gifts based on Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption? Second, how ideally should gratification be regulated as a crime in Indonesia?There are 2 conclusions from this study, namely, First, Limitation on gratuities and prizes based on Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning eradication of corruption, there are two, namely a) boundaries from sociological aspects, if seen in terms of social gratification is a natural thing to do, gratification has two characteristics, namely positive and negative and b) the limitations of the juridical aspect, in terms of law which regulates gratuity is divided into two, namely gratification which is considered bribery and gratuities that are not considered bribes. Secondly, Ideally the gratification arrangement as a criminal act in Indonesia is twofold: a) Article 12B and 12C Act Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning eradication of corruption, b) Articles 16 to 18 of Law Law Number 30 of 2002 concerning the Corruption Eradication Commission. There are 2 suggestions in this study, namely: First, Advise law enforcement officers as executors of the Law to propose revisions to Law 20 of 2001 especially related to graft offenses that must be clearly stated as bribery offenses, in addition to standardization of gratuity receipts must also submitted, and also the application of criminal sanctions for State Officials who do not report their assets in LHKPN. Second, the Government immediately establishes its own legislation against acts of gratification, so that there will be no more confusion or misinterpretation of the limitations of acts of gratification as a crime in Indonesia.

PENYELIDIKAN TINDAK PIDANA PERDAGANGAN ORANG OLEH DIREKTORAT INTELKAM POLDA RIAU Ikhsan Adi Nugraha; Syaifullah Yophi Adriyanto; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 1 (2014): Wisuda Februari 2014
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AbstractCrime of Trafficking in Persons is a dangerous crime and increasing fromyear to year, which can affect the life of the nation and state of Indonesia which isthe successor to the ideals of the nation and the state. Victims of the Crime ofTrafficking is not looking at anyone either women, children, students,. Traffickingin persons is a crime is a form of crime Extraordinary Crime and many use themodus operandi vary and the actors are very organized, as players move around aplace to fool the police. In the eradication of the Trafficking in Persons requiredperformance of the police in finding the perpetrators of these acts of humantrafficking, which starts from the investigation stage to the stage of documentanalysis.In accordance with the above description, the authors are interested indoing research with the title of the Crime of Trafficking in Persons InvestigationBy Intelkam Riau Police Directorate. In this thesis the following aims is to findout how the implementation of the criminal investigation by the Directorate ofTrade this guy Intelkam Riau Police, then to find out the barriers in theimplementation of human trafficking investigations conducted by the DirectorateIntelkam Riau Police, and the latter aims to determine the effort made inovercoming obstacles in the implementation of human trafficking investigation bythe Directorate Intelkam Riau Police.In writing this paper the author uses research methods, types ofsociological research. The sociological research is research that is done byidentifying the effectiveness of the law and how the law applies in society.Descriptive nature of the research, aims to provide a clear and detailed picture ofthe implementation of human trafficking investigation by the Directorate IntelkamRiau Police. The results of research conducted using qualitative analysis anddeductive methods, the decomposition problem of a general nature that is specificto the problem.From the results of this study concluded that in the investigation of humantrafficking is not running as it should be for not doing the investigation stages thathave been regulated by the Chief of Police of the Republic of Indonesia No. 14 of2012, the lack of personnel and experience of investigators in the investigation ofhuman trafficking this, and the need for cooperation with the community incombating human trafficking, lack of facilities and infrastructure that are neededas operational vehicles that become obstacles in the implementation of criminalinvestigations by the Directorate of Trade Intelkam Riau Police.Keywords: Investigations-Crime-Trafficking in Persons Law Enforcement

PROBLEMATIK YURIDIS PEMBUKTIAN TINDAK PIDANA KORUPSI DENGAN MENGGUNAKAN AUDIT KEUANGAN BPK DAN BPKP Bernatd Jufly; Erdianto '; Davit Rahmadan
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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Corruption is no longer a crime that can be classified as a conventional crime. As a crime of extraordinary crime, when viewed from the victim, what is generated from this crime is not limited to individuals but the community, nation and state. So this crime has caused a setback for Indonesia. One element of the corruption offense is the "State Financial Loss", in Article 6 letter a of Law Number 30 of 2002 concerning the Corruption Eradication Commission, it states that "the Corruption Eradication Commission can coordinate with agencies authorized to eradicate corruption". One of the problems that occur regarding supervision of state finances is which state institution has the right to determine the existence of a state loss. Particularly between the BPK and BPKP because of the differences in the results of calculating State losses carried out by the BPK and BPKP at the local government level. This lack of clarity causes a problem for law enforcement officials to use the audit results from the BPK or BPKP. This study uses a normative legal research typology or what is also called doctrinal legal research which more specifically discusses the principles of law. In this study the author uses the meaning of descriptive research, because the author describes the problematic juridical proof of criminal acts of corruption by using BPK and BPKP financial audits. The results of the research conducted by the authors are that there are contradictions between the two institutions that clearly have different positions, roles and authorities, and legislation needs to be clearly and logically established and ideal in regulating state financial audits related to proof of criminal acts of corruption. This is needed so that there will be no multiple interpretations or doubts. Keywords: Problems-Proof of corruption-financial audit

KEBIJAKAN HUKUM PIDANA DALAM PEMBERANTASAN ILLEGAL UNREPORTED AND UNREGULATED FISHING DI INDONESIA Fanny Ayunda Dwi Putri; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Indonesia is a state of law as stated in Article 1 Paragraph 3 of the 1945 Constitution of theRepublic of Indonesia. Indonesia has an area of 5,455,675 km2 and 3,544,744 km2 of which or 2/3 of itsterritory is the ocean. Indonesia has a diversity of natural resources both biological and non-biological.Especially the living natural resources in the sea which are the biggest assets owned by Indonesia so thatit is necessary to regulate the management and legal protection related to illegal, unreported, andunregulated fishing problems due to the rampant cases that occur in Indonesia related to illegal fishing.thus causing substantial losses to Indonesia. In Law Number 31 of 2004 jo. Law No. 45 of 2009concerning Fisheries strictly regulates matters relating to the management and legal protection ofcriminal acts relating to illegal, unreported, and unregulated fishing.The purpose of this study is to analyze criminal law policies in eradicating illegal, unreported,and unregulated fishing in Indonesia. The research method used in this paper is normative legalresearch, legal research conducted by examining library materials or secondary data, can be callednormative legal research or library legal research. This study uses methodologies for legal principles.Criminal law policies in eradicating illegal, unreported, and unregulated fishing in Indonesia are veryimportant regulations to minimize the occurrence of crimes in the context of fisheries in Indonesia andare a shared responsibility of the community and other law enforcement officials so that theirsustainability can be maintained. We really need clear regulations and have very strict legal certaintyagainst criminal sanctions and other sanctions that will cause a deterrent effect on perpetrators offisheries crimes.Keywords: criminal law policy, illegal fishing, unreported, unregulated fishing.

PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PIDANA MELALUI BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT (BHABINKAMTIBMAS) DI KECAMATAN BUNUT KABUPATEN PELALAWAN Sultan Kevinsyah Dian Nugraha; Davit Rahmadan; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Minor criminal acts (Tipiring) are minor or non-hazardous criminal offenses that cover minor crimes written in the second book of the Criminal Code which consist of, light animal abuse, light abuse, minor abuse, minor theft, minor embezzlement,Legal factors, namely the provisions concerning the mechanism of investigation, have actually been regulated but there is no regulatory basis governing criminal mediation, especially in light of theft so that investigators are still hesitant to submit all cases of minor theft cases handled and citizens have not fully known and understand the applicable law related to the existence of reasoning mediation as an alternative solution to minor criminal cases.Keywords: Penerapan, Restorative Justice ,Perkara Pidana, Bhabinkamtibmas

IMPLEMENTASI PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI DI INDONESIA Melia Wulandari; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Indonesia as a country that adheres to the Continental European legal system, which is a legal system inherited from the Netherlands, has also implemented corporal punishment. However, even though Indonesia has embraced corporal punishment, until now there are still few corporations that are made as suspects or defendants in the process of law enforcement against corporations, especially in criminal acts of corruption.The purpose of this thesis, namely: first, To Know the Implementation of Corruption Against Corporations in Corruption in Indonesia. Second, To Know the Obstacles in the Implementation of Penalties Against Corporations in Corruption in Indonesia. This type of research is classified into a type of normative research. With the technique of collecting legal material sources in research carried out by identifying and inventorying primary legal materials, and collecting secondary, tertiary materials obtained through literature, which also ruled the cases sampled.From the results of the study, the reluctance of law enforcers to indict defendants as individuals and not corporations in criminal acts of corruption; because the punishment that the court will bring against the corporation may not be a death penalty or a prison sentence, even though this criminal sanction with sharp sanctions is expected to have a deterrent effect on the perpetrators and satisfy the sense of justice of the people who want the perpetrators to be imprisoned. Second, in proving to prove the "mistake" of the corporation in terms of the element of "against the law", law enforcers find it difficult to obtain theories or doctrines and legal basis regarding "mistakes" of corporations which have turned out to be conflicting among criminal law experts. It is different from theories or doctrines and the legal basis of the "mistakes" of individuals who in general criminal experts agree that only people can have the element of "error". The error of law enforcers proves that acts as an individual error in corporate criminal acts will result in the defendant in some of the above cases being broken free (vrijspraak) by the courtKeywords: Corruption - Corporations – Corruption

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