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Pengaturan Justice Collaborator Dalam Tindak Pidana Narkotika Di Indonesia Dan Amerika Serikat Nasrullah Umar Harahap; Evi Deliana; 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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The issue regarding the justice collaborator is a complex and interesting issue to be discussed in aconception or legilacy. Is a justice collaborator an offender or not a criminal offender, or is a special awardor protection and punishment needed given the very need for the role of justice collaborator in disclosing anextraordinary organized crime such as a narcotics crime. Law enforcers often encounter a deadlock todecide cases involving a justice collaborator because there is no adequate legal instrument to facilitatelegal guarantees to be obtained. The purpose of this paper is: first, the knowledge of justice collaboratorarrangements in narcotics crimes in Indonesia and the United States. Second, knowing the urgency ofjustice collaborator arrangements in narcotics crimes in Indonesia. Third, reviewing, encouraging andproviding input to be born an ideal idea of a justice collaborator arrangement in narcotics crime inIndonesia.This type of research used in legal research is a normative juridical method. Therefore, a qualitativemeasure of analysis is used which relies on the substance with data in drawing conclusions. In drawingconclusions, the writer uses deductive thinking method, which is a way of thinking that draws a conclusionfrom a statement or general proposition into a statement or case of a special nature.From the results of research and discussion it can be concluded that, First, regulation of justicecollaborators in narcotics crimes in Indonesia is still inadequate, especially in the aspect of institutionsauthorized to provide protection to justice collaborator. Second, the urgency of legal protection againstjustice collaborators in considering weighing Law Number 13 Year 2006 in conjunction with Law Number31 Year 2014 concerning Protection of Witnesses and Victims explained that guarantees of protectionagainst witnesses and victims have an important role in the criminal justice process so that with witnesstestimony and victims given freely from fear and threats can reveal a crime. In the provisions of the nextpoint it is explained that in order to disclose an overall attempt at a criminal offense, especially anorganized transnational crime, it is also necessary to protect witnesses, reporters and experts. Third, theidea of regulating a justice collaborator in the future of narcotics crimes in Indonesia (ius constituendum) isoriented to affirmation of the protection institution and the concept of a restorative justice approach.Keywords: Justice Collaborator-Narcotics Crime

TINJAUAN YURIDIS TERHADAP PENYALAH GUNA NARKOTIKA MELALUI PENDEKATAN PENCEGAHAN DENGAN REHABILITASI YANG TERINTEGRASI M Sadam Husin; Mukhlis R; Davit Rahmadan
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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Addiction or addiction to Narcotics drugs causes havoc for people who use or abusers and is a threat to the life of the abuser itself be it family, national security, nation and state. In Law Number 35 Year 2009 concerning Narcotics, it is explained that Narcotics abusers are not required to be imprisoned but to be punished with Rehabilitation because the Narcotics Law guarantees the abuser to get Rehabilitation efforts (Article 4d). In this paper the author focuses on Narcotics Abusers who In practice, the view of Narcotics Defenders as criminals is still more dominant than the health and healing approaches to Narcotics addiction. The purpose of writing this thesis: first, to find out how to implement the Integrated Prevention Approach in Rehabilitating Narcotics Abusers. Second, to find out what are the obstacles to implementing the Integrated Prevention Approach in Rehabilitating Narcotics Abusers. Third, to find out what are the efforts to overcome the obstacles in implementing the Integrated Prevention Approach in Rehabilitating Narcotics Abusers.The author conducts research using the normative juridical method or literature study in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively descriptive of the laws and regulations with theories that have a relationship to the problems studied. From the research results, there are three main things that can be concluded: First, Prevention of Narcotics Abuse with Integrated Rehabilitation is understanding the meaning of Rehabilitation as a whole. Second, Constraints in the implementation of Integrated Rehabilitation can be seen from the perspective of law enforcement officers, the Integrated Assessment Team (TAT) and seen from the Narcotics Abuse Victims themselves. Third, efforts that can be made in facing obstacles in the implementation of Integrated Rehabilitation which are seen from the perspective of law enforcement officials, the Integrated Assessment Team (TAT) and Victims of Narcotics Abuse.Keywords: Rehabilitation - Abuse - Narcotics -Integrated

TINJAUAN YURIDIS PENGGUNAAN FRASA “ORANG LAIN ATAU SUATU KORPORASI” YANG MERUGIKAN SALAH SATU PIHAK BERDASARKAN PUTUSAN MK NOMOR 25/PUU-XIV/2016 TENTANG TINDAK PIDANA KORUPSI Bagaskara Dwi Wardhani; Zulfikar Jayakusuma; 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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In Law Number 20 Year 2001 states that the phrase or other person or a corporation in Article 2 paragraph (1) and Article 3 of the Corruption Act, is very detrimental and / or potentially detrimental to the applicant, who in carrying out their duties and His authority in government positions in regional government, cannot avoid the act of issuing decisions, especially in terms of determining the implementation of government projects, certainly benefits others or a corporation. There is no individual or corporation that is willing to carry out what government project work if it does not bring profit to him, because they are entrepreneurs who work for profit. This research is limited to two problem formulations, First, How is the juridical analysis of the use of the phrase "another person or a corporation" that harms one party based on the decision of the Constitutional Court Number 25 / PUU-XIV / 2016 concerning Corruption Crimes ?, and Second, What are the legal consequences the application of the phrase "Another person or a corporation" in the Corruption case in Indonesia ?.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of legality principle. Source of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.From the results of the study it can be concluded, First, that the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 of the Corruption Crime Act contains ambiguous, vague and uncertain meanings, because it will encompass all intentional, unintentional or even acts that begin with good intentions. Second, that in court practice, there is no common understanding between law enforcers regarding the two articles. Not infrequently in a case, there is a difference between one law enforcement institution and another law enforcement institution. The author then gives a suggestion, First, That the phrase "or another person or a corporation" in article 2 paragraph (1) and article 3 should be deleted, revised or amended to emphasize a legislation so as not to cause multiple interpretations. Secondly, law enforcement officials must understand an act whether entering corruption criminal sanctions or administrative or civil tensions. What if there is an administrative error of the policy taken enough to do administrative improvements or administrative measures, not criminal.Keywords: Corruption, Corporations, Losses

MODEL PENYELESAIAN TINDAKAN PELANGGARAN PEMANFAATAN BIOTA LAUT MENURUT HUKUM ADAT MELAYU MANDAH RIAU Tri Mukti; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Violation of the use of marine biota in Mandah Subdistrict occurs because in Mandah Subdistrict the population is mostly fishermen. From this abundance of sea and river products, there are some irresponsible people who catch fish by means of centrums and poisoning. Which will result in the exhaustion of large fish populations down to small fish and this is very damaging to the surrounding environment. As happened in the Simar village, Mandah District, because of his fishing activity at the center, he himself was hit by the throttle. This is a concern for the Mandah Malay Customary Institution to determine the laws that apply to its society. This research is classified as sociological research, because in this study the author directly conducted research at the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Riau Malay Customary Institution, Mandah District, while the population and sample were all parties related to the problems studied in this study, the data sources used, primary data, and secondary data, and tertiary data, data collection techniques in this study. conducted by interview, and literature study. The results of the research include: First, the model for solving crimes using marine biota according to LAMR Mandah, the community is not allowed to buy the proceeds from their arrest and will be followed up by the authorities if it is still sustainable. Second, the role of LAMR in its duties is to guide, develop, and implement as well as guard the customary values of Malay Culture to the community. Third, one of the obstacles faced is the lack of awareness of the perpetrators to stop fishing using a centrum tool, the lack of awareness that if this continues it will have an impact on the population of extinct biota, and usually the modus operandi that often occurs by the perpetrators doing their actions at night. , so that it seems secretive and when community activities are gone. Keywords: Utilization of Marine Biota, Riau Malay Traditional Institution, Actors

Gagasan Yuridis Gratifikasi Seksual Sebagai Bentuk Tindak Pidana Korupsi Di Indonesia Ayda Rahayu; Dessy Artina; 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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Corruption is an enemy of every country in the world, and we all know that money is the mainsource of corruption. Lubis and Scott in their view of corruption say: "in the legal sense, corruption isbehavior that benefits self-interest by harming others by government officials who directly violate legalboundaries over such behavior, whereas according to government norms can be considered corruption ifthe law is violated or not in the business the action is despicable ". This criminal offense not only harmsstate finances, but also violates the social and economic rights of the community.This research is sociological or empirical research, namely the type of research that usescommunity assumptions in looking for facts that occur in the field to answer an existing problem. Thisresearch was carried out in the Riau High Prosecutor's jurisdiction. While the population and sample areparties related to the problems examined in this study, the data sources used, primary data, secondary data,and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research the authors did can be concluded, firstThe role of the Riau High Prosecutor's Intelligence in the disclosure of alleged criminal acts ofcorruption is to conduct judicial intelligence activities and operations or investigations to collect data orinformation that can be used as evidence about whether or not a corruption has occurred which is thensubmitted to the Chairperson or party have an interest in further decision making. The obstacles faced byRiau High Prosecutor Intelligence in uncovering alleged corruption in the Riau High Prosecutor's lawregion, namely human resource (HR) factors, the factors of legislation that were felt to be incompatible withthe demands of community development, the difficulty factor for the Prosecutor Intelligence in obtainevidence in the form of letters, valuable documents, and related assets, factors in the lack of fundsallocation, factors in lack of coordination by the Prosecutor's Intelligence with related agencies, and factorsin the lack of planning carried out by Riau Prosecutor's Intelligence Office.Keywords: Juridical Ideas - Sexual Gratification - Corruption Crime.

TINJAUAN YURIDIS TINDAK PIDANA PENGANIAYAAN TERHADAP PEJABAT NEGARA YANG SEDANG MENJALANKAN TUGAS YANG SAH DI INDONESIA Tengku Reviandi Wahyu Samudra; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Crimes against the body and crimes against the life or commonly known as abuse and murder. The act of persecution is one of the phenomena that is difficult to disappear in social life. One of them is the mistreatment of officers who carry out their legal duties. Supposedly if you look at the legal rules contained in the Criminal Code, the perpetrator should get a heavier sentence considering this is done against an official who is carrying out duties under the order of the law or position, however the implementation of the weighting is not in accordance with the rules that have been set. The objectives of this thesis are: First, to find out the legal arrangements for the crime of mistreatment of an official when carrying out legal duties in Indonesia, Second, to find out the imposition of sanctions against perpetrators of the crime of mistreatment of an official when carrying out legal duties in Indonesia, Third, To find out the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author conducts research using normative juridical methods or literature studies in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively deductively on laws and regulations with theories that have a relationship with the issues studied. The results of this study, there are three main problems: First, How is the legal arrangement regarding the criminal act of mistreatment of an official when carrying out legal duties in Indonesia, Second, How is the imposition of sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia, Third, what are the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author's suggestions in this study, Suggest that there are changes to the rules of articles that require special explanations in cases of persecution of state officials who carry out legitimate duties, Suggest that sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties with appropriate sanctions. severe, and lastly recommends that appropriate sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties if the impact caused by the perpetrator is not too heavy or light, it should be resolved through a restorative justice system.Keywords: Crime-Abuse-State Officials

PERBANDINGAN SANKSI DALAM HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ADAT MINANGKABAU TERHADAP ANAK YANG MELAKUKAN PENCURIAN COMPARISON OF SANCTIONS IN MINANGKABAU'S NATIONAL CRIMINAL AND CRIMINAL LAW LAW ON CHILDREN ARE DOING THIEVES Muhamad Syukri; Dessy Artina; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Indonesia is a country based on law. In general the source of the law that applies in Indonesia is a written law which became known as positive law. Besides that, it also applies to unwritten law which became known as customary law. Speaking about how to prosecute criminal cases committed by children, Indonesia uses Law Number 11 of 2012 concerning the Criminal Justice System. Whereas on the other hand customary law also has its way in solving child criminal cases. The author uses sociological research methods, or often called non-doctrinal theories that try to examine the effectiveness of the validity of law in society. This research is descriptive. The author describes the comparison of sanctions in national criminal law and Minangkabau customary criminal law in cases of theft by children. The results of the study are, first in the positive law of Indonesia the handling of child criminal cases is known as the diversion process, namely the settlement of child criminal cases outside the court. By customary law the handling of child criminal cases is carried out by customary deliberations. Both of these methods have their own advantages and disadvantages. To optimize the handling of criminal cases of this child, the author believes that there is a need for cooperation between the police and adat parties, so that the future is guaranteed for children who have made mistakes

Tinjauan Yuridis Pertanggungjawaban Pidana Bagi Seorang Pengidap Penyakit Gangguan Jiwa Halusinasi Dalam Tindak Pidana Pembunuhan Lawra Esperanza Asyraf; Evi Deliana; 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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Stuart & Laraira defines hallucinations as a response from the five senses in the absence of external stimuli. Hallucinations are a perception disorder where the patient perceives something that is not actually happening. There are five types of hallucinations, namely hearing, vision, smell, taste and touch. Hearing hallucinations are the most common type of hallucinations found to occur. Murdered by the hallucination of unseen whispers classified as various and tend to be sadistic. Some perpetrators killed the victim with a long knife, there was also killed the victim by shooting the victim many times, there were even perpetrators who killed the victim by mutilating it. This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with secondary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, if the defendant cannot account for his actions, the judge handed down the verdict to release the defendant from all charges as regulated in Article 44 paragraph (1) of the Criminal Code, and the judge can order the defendant to enter a mental hospital for a maximum of one year. to be checked. Second, the criteria according to the law that is said to have hallucinatory mental illnesses according to article 44 of the Criminal Code are the contents of a foreign mind from the outside into his mind, the notion of himself is controlled by a certain force from outside, the hallucinatory voice that comments continuously, and the misunderstanding of the misunderstanding settled other types. Based on the results of psychiatric examinations performed by psychiatrists. The author's suggestion is, First, in Article 44 of the Criminal Code regarding the ability to be responsible more explained in more detail who can be said to be disturbed or mentally disabled so that they cannot be held liable for criminal liability or subject to criminal sanctions. Second, the judge should decide the case above also pay more attention not only to the results of the defendant's mental examination. But also pay attention to the testimonies of those closest to the defendant who do interact with the defendant on a daily basis. Keywords: Mental Disorders, Criminal Acts, Criminal Liability

TINJAUAN YURIDIS TENTANG PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001PERUBAHAN ATAS UNDANGUNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Lili Wulansari; Erdianto Effendi; 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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Death penalty is an exception criminal in the form of elimination of lifeand can be threatenesd for criminal acts that endanger safety, cracking, statesecurity, blocking the nets of the revolution, anti-revolutionary (subversion) andcan disrupt the country's economy which aims to establish and build a just andprosperous society .The purpose of this study is to find out about the imposition of capitalpunishment on the perpetrators of corruption, capital punishment currently asoutlined in Law Number 20 Year 2001, the amendment to Law Number 31 of 1999is not very good, in Article 2 Paragraph ( 2) as well as the explanation in Article2 Paragraph (2) there is the term "certain conditions", with the existence of saidparticular circumstances which has resulted in the difficulty of imposing capitalpunishment on the perpetrators of corruption, so far there has never been oneperpetrator of corruption capital punishment even though there are laws thatregulate it.The use and imposition of capital punishment should be more effective andintensified through the formulation of regulations regarding capital punishmentfor perpetrators of corruption. Because if we see the existence of capitalpunishment in tackling criminal acts of corruption in Indonesia, it does notsupport the government program, which is a government that is free fromcorruption, because it has been implemented since the death penalty forperpetrators of corruption that in Law No. 31 of 1999 Jo Law Number 20 Year2001, until now there are no perpetrators of criminal acts of corruption sentencedto death. And even capital punishment which is formulated as an effort to reduce(scare) perpetrators of corruption in Indonesia is not functioning, on the contrarycriminal acts of corruption in Indonesia are increasingly thriving in Indonesia.Keywords: Review of Juridical - Criminal Health - Corruption Crime

Tinjauan Yuridis Pertanggungjawaban Pidana Bagi Seorang Pengidap Penyakit Gangguan Jiwa Halusinasi Dalam Tindak Pidana Pembunuhan Lawra Esperanza Asyraf; Evi Deliana; 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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Stuart & Laraira defines hallucinations as a response from the five senses in the absence of external stimuli. Hallucinations are a perception disorder where the patient perceives something that is not actually happening. There are five types of hallucinations, namely hearing, vision, smell, taste and touch. Hearing hallucinations are the most common type of hallucinations found to occur. Murdered by the hallucination of unseen whispers classified as various and tend to be sadistic. Some perpetrators killed the victim with a long knife, there was also killed the victim by shooting the victim many times, there were even perpetrators who killed the victim by mutilating it. This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with secondary data sources. This study uses qualitative data analysis and produces descriptive data. From the results of the study, it was concluded that, First, if the defendant cannot account for his actions, the judge handed down the verdict to release the defendant from all charges as regulated in Article 44 paragraph (1) of the Criminal Code, and the judge can order the defendant to enter a mental hospital for a maximum of one year. to be checked. Second, the criteria according to the law that is said to have hallucinatory mental illnesses according to article 44 of the Criminal Code are the contents of a foreign mind from the outside into his mind, the notion of himself is controlled by a certain force from outside, the hallucinatory voice that comments continuously, and the misunderstanding of the misunderstanding settled other types. Based on the results of psychiatric examinations performed by psychiatrists. The author's suggestion is, First, in Article 44 of the Criminal Code regarding the ability to be responsible more explained in more detail who can be said to be disturbed or mentally disabled so that they cannot be held liable for criminal liability or subject to criminal sanctions. Second, the judge should decide the case above also pay more attention not only to the results of the defendant's mental examination. But also pay attention to the testimonies of those closest to the defendant who do interact with the defendant on a daily basis. Keywords: Mental Disorders, Criminal Acts, Criminal Liability

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