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Bagio Kadaryanto, Bagio
Magister Ilmu Hukum, Universitas Lancang Kuning
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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PENERAPAN DERAJAT LUKA RINGAN KORBAN KECELAKAAN LALU LINTAS DI KABUPATEN SIAK Sinaga, Candra Herianto; Ardiansah; Kadaryanto, Bagio
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1262

Abstract

In Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation, accidents are also divided into several levels/categories regulated in Article 229 of Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation concerning Road Traffic and Transportation, including: Minor Traffic Accidents (an accident that results in damage to vehicles and/or goods). The purpose of this research is to analyze the application of degrees of minor injuries to traffic accident victims in Siak Regency based on the Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport regarding traffic, to analyze obstacles and efforts to overcome obstacles in the application of degrees of minor injuries to victims. Traffic Accidents in Siak Regency Based on Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport Concerning Traffic. The method used is sociological legal research. Based on the research results, it is known that the application of degrees of minor injuries to traffic accident victims in Siak Regency based on the Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport regarding traffic has not been implemented optimally because the application of degrees of minor injuries is only regulated in the law. Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation concerning Road Traffic and Transportation, while the application of degrees of minor medical injuries is not regulated in Law Number 17 of 2023 concerning Health or the New Criminal Code.
KEDUDUKAN HUKUM SURAT TELEGRAM KABARESKRIM KEPOLISIAN REPUBLIK INDONESIA TENTANG PENGEMBALIAN KERUGIAN KEUANGAN NEGARA MENGENYAMPINGKAN TINDAK PIDANA KORUPSI Tampubolon, Subiarto Aprido; Harahap, Irawan; Kadaryanto, Bagio
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1347

Abstract

The policy of returning state losses to drop criminal proceedings that have the potential to weaken law enforcement, damage legal certainty, create moral hazard, and be unfair to the wider community. Returning state losses is important, but the criminal law process against perpetrators of corruption must continue to maintain the principle of justice, ensure a deterrent effect, and maintain the integrity of law in Indonesia. The method used is normative legal research. Based on the results of the study, it is known that the legal position of the telegram from the Head of the Criminal Investigation Unit of the Republic of Indonesia Police regarding the return of state financial losses ignoring criminal acts of corruption in the perspective of legal certainty is that the return of state financial losses that ignore criminal acts of corruption should be reviewed so as not to conflict with the principle of legal certainty. Efforts to return state losses are indeed important, but they must not eliminate criminal sanctions against perpetrators of corruption. Enforcement of corruption law must be carried out firmly to provide a deterrent effect and ensure the achievement of the expected justice in the legal system. Legal certainty is an important key in maintaining the integrity of law enforcement, especially in corruption cases that harm the public interest. The legal consequences of the telegram from the Head of the Criminal Investigation Unit of the Republic of Indonesia Police regarding the return of state financial losses by ignoring corruption in the perspective of legal certainty are the legal consequences of the Telegram Letter from the Head of the Criminal Investigation Unit which regulates the return of state losses by ignoring corruption in the perspective of legal certainty, creating several serious impacts on the legal system in Indonesia. This policy weakens the principle of legal certainty, reduces the deterrent effect, and damages the integrity of the function of criminal law in the context of corruption. In order to maintain public trust and ensure substantive justice, it is important for this policy to be reviewed so that it remains in line with the basic principles of law enforcement, especially in eradicating corruption that is detrimental to the state and society.
IMPLEMENTASI PENYEDIAAN RUANGAN KHUSUS TERHADAP ANAK DI POLRESTA PEKANBARU Siregar, Marito; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1349

Abstract

In general, children in adult prisons are at risk of experiencing trauma and other psychological problems because the prison environment is not in accordance with their developmental needs. Children placed in adult prisons can experience great mental and emotional stress. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system has not been running well, because there are still child perpetrators who are combined in adult rooms. The provision of this special room aims to ensure that children in conflict with the law receive treatment in accordance with their rights as children. This special room is designed to separate children from adult prisoners, in order to avoid negative influences that can damage the child's psychological development. Obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are the limited facilities and infrastructure that are in accordance with the needs of children, such as separate rooms from adult detention rooms, lack of budget and facilities to build special rooms for children, and human resources related to the lack of training for officers responsible for handling children in conflict with the law. Efforts to overcome obstacles in the implementation of the provision of special rooms for children at the Pekanbaru Police based on Law Number 11 of 2012 concerning the juvenile criminal justice system are to provide a budget and allocation of resources to build facilities and infrastructure that are in the provisions of laws and regulations, more intensive coordination with related agencies, such as social institutions and local governments, to provide special rooms in accordance with legal provisions, and include improving psychological and rehabilitation facilities, so that children are not only placed in separate rooms, but also receive treatment that supports social recovery and reintegration.
PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN PERKARA DALAM KEBAKARAN HUTAN DAN LAHAN Hanipah; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1358

Abstract

The judge decided on Article 99 in a case and chose to rule based on Article 99 paragraph (1), indicating that the judge assessed the environmental violation as being caused by negligence rather than intent. Therefore, the punishment imposed is lighter compared to the sanctions under Article 98 paragraph (1), although still severe, considering the environmental impact caused. The purpose of this study is to analyze the legal considerations of judges in their decisions on forest and land fire cases and to examine the legal provisions concerning the criminal act of forest and land burning in Indonesia. The method used is normative legal research. Based on the research findings, it was revealed that the legal considerations of judges in decisions on forest and land fire cases involve assessing various legal aspects and evidence presented during the trial. The judges evaluate whether the defendant's actions fulfill the elements of a criminal act as stipulated in the relevant laws. Proof of intent, negligence, and the impact of the fire are crucial aspects. The verdict is also influenced by the extent of environmental damage, the impact on public health, and the economic losses incurred. Additionally, the judge considers the defendant's active role or negligence in preventing the fire. In some rulings, as in the above case, although the defendant burned the land on orders from another party, malicious intent or intent was not found. Regarding the legal provisions for forest and land burning in Indonesia, Law Number 32 of 2009 strictly prohibits such acts. Article 69 paragraph (1) letter h prohibits land clearing by burning, while Article 108 stipulates criminal sanctions for offenders with imprisonment ranging from 3 to 10 years and fines varying from IDR 3 billion to IDR 10 billion. Harsher penalties are imposed if the act causes environmental pollution or endangers human health, as regulated in Articles 98 and 99. In cases where burning causes serious injury or death, the punishment can reach 15 years in prison and fines of up to IDR 15 billion. Additionally, business entities found guilty of this crime may face additional sanctions such as license revocation.
PENEGAKAN HUKUM TINDAK PIDANA PERJUDIAN TEBAK ANGKA DI WILAYAH HUKUM POLRES INDRAGIRI HULU BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Nainggolan, Awet Lestari; Harahap, Irawan; Kadaryanto, Bagio
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1359

Abstract

Number guessing gambling in the jurisdiction of the Indragiri Hulu Police is a serious threat to public security and order. The social and economic impacts resulting from this gambling are disturbing the community and damaging family life. Reports from families and the community are important elements in taking action against gambling. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code has not been running optimally, because there are still cases of number guessing gambling every year in the Indragiri Hulu Police. The police conducted raids and collected evidence supporting the crime of number guessing gambling. Obstacles in law enforcement of the crime of number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the lack of sufficient evidence due to the high level of confidentiality, limited resources available, and minimal reports from the public, because the public is often reluctant to report number guessing gambling for certain reasons, such as fear of revenge from the perpetrators or because they themselves are involved in the practice. Efforts to overcome obstacles in enforcing the criminal law on number guessing gambling in the jurisdiction of the Indragiri Hulu Police based on the criminal code are the use of more sophisticated technology and surveillance systems, the need to increase the capacity of law enforcement officers in terms of investigation and use of technology, law enforcement against perpetrators of number guessing gambling is carried out firmly and consistently without discrimination, and strengthening intelligence networks and closed investigations.
PENEGAKAN HUKUM TERHADAP PENADAHAN BARANG HASIL CURIAN DI POLRES ROKAN HILIR BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA Siregar, Anta Arief; Kadaryanto, Bagio; Harahap, Irawan
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1369

Abstract

Items such as electronics, motor vehicles, and other valuable goods are sold quickly, making stolen goods difficult to trace. This criminal network complicates law enforcement efforts. Law enforcement against theft and fencing must be carried out firmly to maintain order and a sense of security in society. Perpetrators of theft and fencing can both be subjected to criminal sanctions in accordance with the provisions of the Indonesian Penal Code (KUHP). The purpose of this study is to analyze law enforcement against fencing stolen goods in Rokan Hilir Police jurisdiction based on the Penal Code. The method used is sociological legal research. The results of the study reveal that law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, has not been effectively implemented. This is evidenced by the increasing prevalence of fencing stolen goods, as referred to in Article 480 of the Penal Code. This article regulates the criminal act of fencing, where a person can be punished if they are proven to have knowingly received, purchased, or stored goods resulting from a criminal act such as theft. The obstacles in law enforcement against fencing stolen goods in the Rokan Hilir Police jurisdiction, based on the Penal Code, include the difficulty of proving the element of intent on the part of the fencing perpetrators, the low public awareness of reporting fencing activities or involvement in the trade of stolen goods, challenges in identifying fencing perpetrators, and limited resources and technology for tracking stolen goods transactions, which further hinder the law enforcement process. Efforts to overcome these obstacles include improving coordination among law enforcement agencies, strengthening the capacity of investigative personnel in understanding and applying the articles governing the crime of fencing, and adopting a more inclusive approach with the community.
IMPLEMENTATION OF COMPENSATION FOR LOSS OF OFFICIAL VEHICLES IN ROKAN HILIR DISTRICT syahri, alfi; ardiansah, ardiansah; Kadaryanto, Bagio
EKSEKUSI Vol 6, No 1 (2024): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v6i1.27531

Abstract

Article 7 of Government Regulation Number 38 of 2016 concerning Procedures for Compensation Claims for State/Regional Losses Against Non-Treasurer Civil Servants or Other Officials, states that: "Based on the verification results report as intended in Article 5 paragraph (3), the State/Regional Loss Settlement Official must resolve State/Regional Losses by carrying out Compensation Claims." However, in the Rokan Hilir Regency government environment, the implementation is not yet underway because the demand for regional compensation for 4 non-Treasurer Civil Servants who lost two-wheeled official vehicles has not been implemented. The aim of this research is to analyze the implementation of compensation for loss of official vehicles in Rokan Hilir Regency, to analyze the obstacles and efforts. This type of research is sociological/empirical legal research. The results of the research show that the implementation of compensation for loss of official vehicles in Rokan Hilir Regency based on Government Regulation Number 38 of 2016 concerning Procedures for Claiming State/Regional Compensation Against Non-Treasurer Civil Servants or Other Officials has not been implemented in accordance with applicable legal provisions. This was proven by 4 non-treasurer civil servants who lost their two-wheeled official vehicles, causing regional financial losses, but their demands for regional compensation for losses have not yet been implemented.Keywords: Official Vehicles, Losses, Claims
Implementation of Sanctions Against Unlicensed Alcoholic Beverage Sellers in Pekanbaru City Based on Regional Government Regulation No. 13 of 2021 concerning Public Order and Tranquility Al Qudri; Ardiansyah; Bagio Kadaryanto
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/tyfhqj67

Abstract

This study aims to examine the efforts of Satpol PP as the enforcer of Perda and Perkada in tackling the circulation of alcoholic beverages and the application of sanctions against its sellers in Pekanbaru city as well as the factors that support and inhibit the enforcement of the Law. The research method used is field research method, the research was conducted in pekanbaru city. The type of research in this writing is empirical juridical research, because it approaches the problem from the applicable regulations and the reality in society. the results of this study There are 3 (three) efforts of Satpol pp and related agencies in tackling the circulation of alcoholic beverages, namely: Preincentive efforts, preventive efforts and repressive efforts in this case Satpol PP and related agencies have 3 (three) supporting factors, namely: legal substance factors, informant factors, community leaders factors. and 4 (four) inhibiting factors, namely: human resource factors, intellectual resources of expert investigators, facilities and infrastructure factors of law enforcement, ground rules factors, community factors, and community culture factors.
PENEGAKAN HUKUM TERHADAP PELANGGARAN KENDARAAN ANGKUTAN BARANG DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Gunawan, Fendri; Ardiansah, Ardiansah; Kadaryanto, Bagio
JURNAL ILMU SYARIAH Vol 8 No 2 (2020): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v8i2.20275

Abstract

Berdasarkan Pasal 169 ayat (1) Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan diatur bahwa pengemudi dan/atau perusahaan angkutan umum barang wajib mematuhi ketentuan mengenai tata cara pemuatan, daya angkut, dimensi kendaraan, dan kelas jalan. Penelitian ini bertujuan untuk menjelaskan penegakan hukum terhadap pelanggarankendaraan angkutan barang di Kota Pekanbaru berdasarkan Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum sosiologis. Hasil penelitian menjelaskan bahwa penegakan hukum terhadap pelanggaran kendaraan angkutan barang di Kota Pekanbaru belum berjalan optimal.Hambatan dari sisi aparatur penegak hukum adalah kurangnya koordinasi lintas sektoral antara Dinas Perhubungan Kota Pekanbaru dengan Satlantas Polresta Pekanbaru, kendaraan angkutan barang sebagian besar melintas di Kota Pekanbaru dari malam hingga dini hari, serta ringannya sanksi pidana yang diatur dalam Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Upaya yang dapat dilakukan oleh Dinas Perhubungan Kota adalah menjalin kerja sama dengan Satlantas Polresta Pekanbaru, meningkatkan pengawasan terhadap kendaraan angkutan barang, serta mengusulkan agar Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan direvisi.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN BUAH KELAPA SAWIT Khadis, Syarif; Kadaryanto, Bagio; Dewi, Sandra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2023

Abstract

Law enforcement against the criminal offense of oil palm fruit theft in Rokan Hulu Regency demonstrates the importance of synchronizing technical guidelines such as Supreme Court Regulation (Perma) Number 2 of 2012 with higher-level legal instruments, particularly the latest Criminal Code (KUHP). Hans Kelsen’s theory of the hierarchy of norms emphasizes that the validity of lower-level norms must conform to higher-level norms, so that law enforcement officers can perform their duties in a fair, effective, and legally consistent manner. This research is expected to serve as a reference for updating guidelines on the handling of minor criminal offenses, ensuring their alignment with the development of national law and the needs of society. This study is a sociological (empirical) legal research. The findings indicate that law enforcement against oil palm fruit theft in Rokan Hulu Regency through Supreme Court Regulation Number 2 of 2012 has been relatively successful in accelerating case resolution and in applying the principles of restorative justice. Mediation and compensation agreements have proven to be effective mechanisms for cases involving low economic losses, while simultaneously reducing the burden on the courts. Nevertheless, the effectiveness of law enforcement remains constrained by weak coordination among law enforcement agencies and related institutions, public perceptions regarding minor criminal offenses, and limited public understanding of legal procedures. The obstacles in law enforcement against the criminal offense of oil palm fruit theft based on Supreme Court Regulation Number 2 of 2012 in Rokan Hulu Regency include limitations in evidence and documentation, constraints in resources and capacity of law enforcement officers, and inconsistencies between legal norms and the socio-economic conditions of the community. Efforts to overcome these obstacles may be pursued through a progressive legal approach and the consistent application of restorative justice, which are more responsive to social realities while still upholding legal certainty and justice.
Co-Authors Al Qudri Andrew Shandy Utama andrew shandy utama, andrew shandy Andriansah Ansah, Ardi Ardiansah Ardiansah, Ardiansah Ardiansah, Ardiansah Ardiansah, H. Ardiansyah ARDIANSYAH ARDIANSYAH Ardiansyah Ardiansyah Arifin, Dhani Fratama Ariyanto, Yuli Armen Armen Aryanto, Dedy Azmi, H. Bahrun Bery Juana Putra Boy Muhammad Putra Budiarto, Yusuf Burhanuddin Burhanuddin Dela Rahma Disa Lubis Deriansyah Deriansyah Dewiwaty Dewiwaty Eddy Asnawi Fakhlevi, Raja Ferza Fendri Gunawan Fitrianda, Rendi Gunawan, Fendri Gurning, Rijen Gustian, Leo Hanipah Happy Ariyanto Harahap, Irawan Helena Sumiati Hendrik Hendro Wahyudi Irawan Harahap Iriansyah Iriansyah Khadis, Syarif Koto, Arsyad Kurniawan, Ardian luken ferisman lubis Lutfi Wijaya Akmal M Hary Rubianto Manulang, Johanes Gabe Saputra Manurung, Fernando Markoni Marliawati, Sari Masri Masri Maulana Ghalib As Shidqie Maulana Ghalib As Shidqie Meinecky, Ryan Nabella Puspa Rani Nabella Puspa Rani, Nabella Nainggolan, Awet Lestari Nuzul Abdi Oktapani, Silm Oktapani, Silm Pardede, Rudi Poni Wahyudi Prihati Purba, Desi Valentianna Br Putra, Alghoni Bumantara Qadri, Rahmat Tul Rizki Hidayat Rohim Kusuma Putra Roly Irvan Samsul Bahri Siregar Sandra Dewi sandra dewi Sinaga, Candra Herianto Sinaga, Richard Siregar, Anta Arief Siregar, Marito Sitompul, Hasran Irawadi Sormin, Yohanes Untung Sri Dharmayanti Sudargo, Ryan Sudi Fahmi Sudi Fahmi Suparyo Syafrizal Syafrizal Syahri, Alfi Syaputra, Zikir Irwanda Tampubolon, Subiarto Aprido Tamsir, Muhamad Tri Adiyatmika Wijaya, Kurniawan Ade Winstar, Yelia Nathassa Yalid Yohanes Iddo Adventa Yoyok Prasetiyo Heru Laksono Lubis Yulhairi Yulhairi