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PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI KEPOLISIAN RESOR KAMPAR Ahmad Novrian Arsyad; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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To effort and eliminate drugs crime in Kampar need some action of the people to report that crime to the Police Department and became a witness. To convincing people to make sure them reported the drugs crime need some real action from the Police side who duty on it to protected them, wich is the protction is really importent because the protection is the only way to convince people society to report. And the witness it self are important component and is a key to reveal every single case of drugs crimes. To push the limit of drugs crime in Kampar as we known is higher level every year need someone to reporting it and to prevent it and ofcially to counter it while the crime is happened. On this thesis the problem appointed is how the police department protecting an informan in Kampar Police Department territory? And what the obstruct factor to protected the informan? The purpose of this research is to know how Kampars Police Deparment protecting the informan oncrimanl dugs caseand to knowing what the obstruct of Kampar Police Departmentin case proecting theinforman on crimanaldrugs case in Kampar. The method of this research is Sociological Law Method. The data that the writer has is the premier and seconds datawich is processed bya kualitatif way. Depend on the research we do on a discuss chapter and the we finally got one conclusion the effort of protecting an informan in Kampar territory Kampar Police Department do two protecion type wich is preventif protection and represif protection. The preventif proection is the protection wich is do by prevent something that can threatening and endanger public order and peace. And then represif protection is wich is failed to do a preventif protection by seeking a prepetator. During a do protecting to an informan founded a obstruct to tha protection wich is : 1. The fasilities to do a protection to an infoman itself. 2. The people. 3. The law enforcer.Keyword: Informan – Criminal – Drugs – Law Protection

ANALISIS YURIDIS PENGHENTIAN PENYIDIKAN KASUS PERSETUBUHAN PADA ANAK DALAM KELUARGA DENGAN ALASAN MEDIASI BERDASARKAN HUKUM PIDANA INDONESIA Yuli Shara Sihombing; Evi Deliana; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One form of crime that occurs in the community, namely sexual intercourse is regulated in the Criminal Code, namely Article 287 of the Criminal Code. Furthermore, the crime of sexual intercourse occurring in the family environment involving children as victims is known as cases of sexual intercourse with children in the family as regulated in Article 76 D and 76 E of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Cases of sexual intercourse in the family are often not processed legally, one of which is the termination of the investigation or called SP-3 by the police due to mediation. Termination of the investigation on the grounds of mediation is not regulated in Article 109 paragraph (2) of the Criminal Procedure Code. Mediation is regulated at the level under the Act, namely in the Letter of the Chief of Police No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009 regarding Case handling through Alternative Dispute Resolution (ADR) (police chief's letter 8/2009).Mediation arrangements in the police only apply to cases that cause small material losses and minor crimes, while cases of sexual intercourse with children in the family are ordinary offenses that cannot be resolved by mediation. The case was a serious crime and suffered considerable losses both physically and psychologically.This research will be structured using the type of normative juridical research, namely research that is focused on examining the application of legal rules or norms to legal principles and theories. The data collection technique used in this research is literature study. The approach used in this research is to use a normative approach, namely library law research.The results of the research conducted by the author are first, the provisions of the criminal law of mediation on the crime of sexual intercourse with children in the family are not regulated in Indonesian criminal law. based on the benchmark and scope of the case, it cannot be resolved by mediation. Second, the termination of the investigation of cases of sexual intercourse with children in the family on the grounds of mediation based on Indonesian criminal law in accordance with Article 109 paragraph (2) of the Criminal Procedure Code cannot be carried out because the Criminal Procedure Code has limited the reasons for the termination of the investigation. Even though the victim has made peace, the investigator is still obliged to process the case. The amicable agreement is only used as a consideration by the Prosecutor to reduce the maximum amount of his demands and the judge's consideration to reduce the sentence in the trial process in court.Keywords: Termination of Investigation - Sexual intercourse with children in the family – mediation

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

PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL TERHADAP ANAK DI PENGADILAN NEGERI KELAS I A PEKANBARU Andre David Hasintongan Sitanggang; Evi Deliana; Elmayanti Elmayanti
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 criminal act regulations that are put in place are to protect the public and which make such actions punishable under a criminal article. It is very important to know, the forms of sexual violence against children have a very broad scope, including, rape, sodomy, oral sex, sexual gestures (visual sexual assaults including exhibitionism), sexual rheumatism (verbal sexual assaults, sexual harassment, child prostitution and clitoral circumcision in girls). In its protection, children are also subject to a separate judiciary namely Law Number 11 of 2012 concerning the Criminal Justice System for Children to aim to provide the best interests of children.Scientific writing aims to: First, to find out the application of criminal sanctions against perpetrators of criminal acts of sexual abuse of children in the Pekanbaru District Court. Second, to find out the basic considerations of judges in imposing sanctions for sexual harassment in the Pekanbaru District Court.This thesis writing uses sociological juridical research methods. Sociological juridical legal research that uses secondary data as initial data, which is then followed by primary data or field data, examines the effectiveness of a law and research that wants to find a relationship (correlation) between various symptoms or variables as data collection tools consisting of studies documents and interviews.From the results of the research problem according to Law No. 11 of 2012 concerning the Child Criminal Justice System and Law No. 35 of 2014 concerning Child Protection. By using the theory of justice the Judge has followed aspects in the application of sanctions mandated by the regulations in force today, and the Judge also pays attention to facts at trial, witness statements, evidence and visum et repertum. The judge also looked at aspects of the environment and the people around the perpetrators. And also consider the future of the victims and perpetrators alike.Keywords: Application of Sanctions, Criminal Purpose, Child Sexual abuse

TINJAUAN YURIDIS TERHADAP PENEGAKAN HUKUM BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN PADA PELAKU TINDAK PIDANA PERIKANAN OLEH WARGA NEGARA ASING DI ZONA EKONOMI EKSKLUSIF INDONESIA Martha Purba; Emilda Firdaus; 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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Indonesia is one country that has at the same time two geographical forms of a country characteristic, namely the archipelagic state and the mainland state. Sharing the State in the world requires the existence of legal certainty, the realization of legal certainty in the jurisdiction of a country will bring about justice, unless the law provides different regulations. Law Number 45 of 2009 concerning Fisheries is one form of concern for the state in protecting Indonesia's territorial waters in the form of all crimes and violations that occur at sea. But in reality this violation still often occurs in the Indonesian Exclusive Zone. The purpose of writing this thesis, namely: First, Juridical Review of Law Enforcement Based on the provisions of Law Number 45 Year 2009 concerning Perpetrators of Criminal Acts of Fisheries by Foreign Citizens in Indonesia's Exclusive Economic Zone, Constraints in Law Enforcement Against the Provisions of Law Number 45 of 2009 against Foreign Criminals in Fisheries in the Indonesian Exclusive Economic Zone.This type of research can be classified in this research is normative juridical and supported by empirical data which sources data from primary and secondary legal materials, and the method of data collection is done by library research. Furthermore, the data were analyzed descriptively qualitatively conducted by means of the data obtained which will be systematically compiled through a normative juridical approach then an in-depth analysis is related to the object of research and continued with conclusions.The results of the research and discussion can be concluded that the judicial review of law enforcement against fisheries criminal offenses by foreign nationals in the Indonesian Exclusive Economic Zone cannot be imposed with a substitute for criminal penalties before there is a bilateral agreement between Indonesia and the country of origin of the offender. Then the inhibiting factor in law enforcement is the factor of the law itself which causes legal uncertainty and law enforcement officials such as investigators, public prosecutors and judges who are less professional in handling cases.Keywords: Law enforcement, Illegal Fishing, Exclusive Economic Zone

PELAKSANAAN DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA DI KEJAKSAAN NEGERI PEKANBARU Alex Firdaus Simaremare; Emilda Firdaus; Elmayanti Elmayanti
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 problem of implementing the diversion is not as expected, this can also be seen with the performance of the public prosecuting agency which is still breaking through legal channels where good law enforcement processes, responsible officials, adequate facilities and infrastructure, factors of society, as well as factors from culture, in the diversion process often conflicts occur between children in conflict with the law and victims. This study aims to determine the procedures for implementing diversion against children in conflict with the law by the Public Prosecutor, and inhibiting factors in the implementation of diversion and its solutions. The formulation of the problem in this research is the implementation of the diversion of children of perpetrators of crime in the Pekanbaru District Attorney's Office and the constraints in implementing the diversion of children of perpetrators of crime in the Pekanbaru District Attorney. The research method used is the type of research in this writing is juridical sociological. The type of research used is descriptive legal research. From the results of the research, the procedure for implementing the diversion by the Public Prosecutor is guided by two Laws Number 11 Year 2012 concerning the Child Criminal Justice System and Attorney General Regulation No. PER006/A/J.A/05/2015 concerning Guidelines for the Implementation of Diversity at the Prosecution Level. In the case of Andre Siswandi and Romi Septriansyah's children, Article 363 Paragraph 2 is charged where the article is threatened with a 9 (nine) year sentence, but law enforcement officials break the rules stipulated in Law Number 11 Year 2012 concerning the Juvenile Justice System with the Child Criminal Justice System with keep on doing diversion where the diversion should be carried out under the condition of a criminal under 7 (seven) years and not a repeat of a criminal offense. In addition, the implementation of diversion is often not conducive between the perpetrators and victims because each party does not want to heed what is desired by both parties. The conclusion of this research is that there is no agreement between the perpetrators and victims so that the agreement of diversion is very difficult to achieve. ineffective and inefficient in terms of facilities and infrastructure where the diversion space is still too small so that the process of reconciling between the perpetrators and victims becomes uncomfortable. Obstacles are posed difficult to reconcile the parties where the victim uses the situation to blackmail the victim, lack of understanding of diversion, narrow space of diversion, as well as law enforcers who participate in breaking through the law itself Solution to the obstacles is the awareness of the parties, the existence of legal counseling, improved diversion space. KeyWords: Diversity Implementation, Law EnforcemenT, Children

PENERAPAN PELAKSANAAN ASESMEN TERHADAP PECANDU DAN KORBAN PENYALAHGUNAAN NARKOTIKA DI KEPOLISIAN RESORT SIAK Bayu saputra simanjuntak; Mukhlis R; Elmayanti Elmayanti
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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The current misuse and trafficking of Narcotics has reached a level that is alarming and threatens all aspects of the life of the nation and state. Based on data obtained from the Siak Resort Police from 2017 to 2019, there were 438 suspects of Narcotics abuse, all of the suspects were sentenced to imprisonment. Prison punishment is still the main law enforcement choice compared to rehabilitation measures. Basically the sanctions stipulated in Law Number 35 of 2009 concerning Narcotics adhere to a double track system, namely in the form of criminal sanctions and action sanctions. Rehabilitation is a form of sanction for action. The assessment process is very important to be carried out so that victims of drug abusers and addicts receive rehabilitation.This study uses a typology of empirical legal research or sociological legal research. This study aims to determine the extent to which the law works in society. In this study the authors used the nature of qualitative research, because the authors compared the incidents in the field using existing statistics or data, especially in the implementation of the assessment of addicts and victims of drug abusers.The results of the research conducted by the author are related to the implementation of the assessment of victims of abusers and narcotics addicts in Siak Regency, it can be said that it has not run optimally. There are also several obstacles, such as differences in the perspective of law enforcement officials and the substance that regulates the assessment is still not optimal. In addition, efforts that can be made by law enforcement officials include equalizing perceptions of the assessment itself, increasing good communication and being active in socializing the importance of assessment.Keywords: Narcotics - Implementation - Assessment

PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL TERHADAP ANAK DI PENGADILAN NEGERI KELAS I A PEKANBARU Andre David Hasintongan Sitanggang; Evi Deliana; Elmayanti Elmayanti
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 criminal act regulations that are put in place are to protect the public and which make such actions punishable under a criminal article. It is very important to know, the forms of sexual violence against children have a very broad scope, including, rape, sodomy, oral sex, sexual gestures (visual sexual assaults including exhibitionism), sexual rheumatism (verbal sexual assaults, sexual harassment, child prostitution and clitoral circumcision in girls). In its protection, children are also subject to a separate judiciary namely Law Number 11 of 2012 concerning the Criminal Justice System for Children to aim to provide the best interests of children.Scientific writing aims to: First, to find out the application of criminal sanctions against perpetrators of criminal acts of sexual abuse of children in the Pekanbaru District Court. Second, to find out the basic considerations of judges in imposing sanctions for sexual harassment in the Pekanbaru District Court.This thesis writing uses sociological juridical research methods. Sociological juridical legal research that uses secondary data as initial data, which is then followed by primary data or field data, examines the effectiveness of a law and research that wants to find a relationship (correlation) between various symptoms or variables as data collection tools consisting of studies documents and interviews.From the results of the research problem according to Law No. 11 of 2012 concerning the Child Criminal Justice System and Law No. 35 of 2014 concerning Child Protection. By using the theory of justice the Judge has followed aspects in the application of sanctions mandated by the regulations in force today, and the Judge also pays attention to facts at trial, witness statements, evidence and visum et repertum. The judge also looked at aspects of the environment and the people around the perpetrators. And also consider the future of the victims and perpetrators alike.Keywords: Application of Sanctions, Criminal Purpose, Child Sexual abuse

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENELANTARAN ANAK DI WILAYAH KEPOLISIAN RESOR KOTA PEKANBARU Mery Natalia Siahaan; Dessy Artina; Elmayanti Elmayanti
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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In article 76 B of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that the criminal act of neglect of children is punishable by imprisonment of up to 5 (five) years and / or a maximum fine of Rp. 100,000,000, - (one hundred million rupiah). A short sentence of 5 (five) years imprisonment cannot be mediated because the threat of a minimum sentence of 5 (five) years in prison is a category of serious criminal offense, but in fact, in the Pekanbaru City Police, there are many cases of neglect that have not been resolved because the investigation was terminated by the party. Police due to mediation. In this case, it can be said that the law enforcement carried out by the Pekanbaru City Police has not been maximized so that it does not provide a deterrent effect on perpetrators and communities who commit acts of child neglect.This type of research is sociological legal research, namely as an attempt to see the effect of the enactment of positive law on people's lives. This research is also descriptive in nature, namely the author tries to provide a description of law as a social control related to the formation and maintenance of social rules to law enforcement officials and the community, by providing a basis for the legal ability to control behaviors and create a suitability and comfort in society ..The results of this study are to explain that the law enforcement carried out by the Pekanbaru City Police, especially the Women and Children Protection Unit Investigators, has not been maximal in the criminal case of child neglect. The obstacle factors faced by the Police are the lack of quality and quantity of the Women and Children Unit Investigators, the lack of cooperation between victims or victims' families in providing information regarding cases of child neglect that are being processed, while the dominant factors as obstacles are community factors, economic factors. and cultural factors, and a lack of awareness in understanding the law for the community. The efforts that the authors offer in this study are to improve the quality and quantity of investigators of the women and children unit in the Pekanbaru City Police, to increase public insight regarding the importance of legal awareness in order to create justice, benefit and general welfare.Keywords : Law Enforcement - Crime - Neglect – Children

REFORMULASI PENGATURAN TINDAK PIDANA PENINDASAN (VERBAL BULLYING) YANG MENGAKIBATKAN KEMATIAN PADA ANAK Dedek Putra; Emilda Firdaus; Elmayanti Elmayanti
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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Verbal bullying is this type of intimidation done verbally or with bad words with the aim of belittling, hurting, and also looking down on others. bullying verbal bullying is a form of "toxic stress", the long-term health effects of verbal bullying events even leading to death, especially those that recur on the victim. The impact of verbal bullying (oppression) is still not widely known, whether done with words, statements or certain nicknames turned out to have a more powerful effect compared to bullying that is done physically or with bodily violence. To ensnare perpetrators of verbal bullying have been regulated in the Child Protection Act No. 35 of 2014 in the world of education in Article 54. First, the regulation on the current conditions regarding criminal bullying which results in death of children in Indonesian criminal law has not been implemented What should have been regulated in Law No. 35 of 2014 concerning child protection, only regulates in Article 54 the world of education. Second, the idea of regulating criminal bullying for future cases, the need for legal reform or revision of the Child Protection Law on verbal bullying in general, so that the existing law can be updated so that it can keep up with the times and so no similar case will be repeated in the future.This research method is a normative law, focusing more on the principle of legal certainty and is carried out on legal norms which are benchmarks for behavior or inappropriate behavior. Not yet running a verbal bullying regulation. Rules only become rules that are not realized if there is no control or supervision from people who have obligations, bullying cases. Lack of legal clarity in every case that is happening right now and the weak implementation of various verbal bullying regulations The need for a criminal law policy to realize the laws and regulations in order to be in accordance with the situation at a certain time (ius constitutum) and the future (ius constituendum).The need for a clear law in accordance with the development of the times in order to be able to run a rule to protect children who are victims of oppression (verbal bullying) resulting in death in children. The need for legal certainty from the authorities and the government can run a rule so that the same case does not recur in the future. It is hoped that the revision of the Child Protection Act No. 35 of 2014 in order to regulate the general (verbal bullying) not only in the world of education.Keywords: Bullying, Verbal Bullying, Legal Regulations

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