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Elmayanti, Elmayanti
Universitas Riau
Religion Arts Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Analisis Yuridis Terhadap Putusan Nomor: 1132/Pid.Sus/2016/Pn.Pbr Pekanbaru Pada Pelaku Tindak Pidana Penyelundupan Kosmetik Ilegal Ita Maya Sari; Mexsasai Indra; 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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Abstract

The crime of smuggling illegal cosmetics continues to increase, behavior that circulates illegal cosmetics goods that have been entrenched and institutionalized. The most vulnerable factors to illegal cosmetics smuggling are the supervisors who are less comparative in supervising each spot that is highlighted by smugglers and the lack of supervision by the BPOM in examining every cosmetics that are taught. The target of the perpetrators is to circulate aimed at the shop in order to get profit. Consumers must be wiser in choosing cosmetic products by paying attention to the Registration number of BPOM. The smuggling of illegal cosmetics has caused concern to the public, the perpetrators of the police spotlight only claim to get the illegal cosmetics from other people and they are entrusted. The case that came to the court was certainly a serious problem, a case that occurred in 2016 in the Pekanbaru District Court on behalf of Adi Putra Alias Awi. The judge sentenced him with light sentences with a large amount of evidence and the absence of fines. With regard to light sentences, it will certainly be difficult to make the illegal cosmetics smugglers deterrent, given the lack of supervision of illegal cosmetics smuggling that is increasingly widespread will cause harm to the Indonesian state. The purpose of writing this thesis, namely: first to find out the judge's consideration in the illegal cosmetics smuggling case in the legal cosmetic circulation of the judge's decision number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, secondly, to find out the ideal idea related to the sentence given judge to the defendant related to the absence of fines in the decision. This type of research is normative juridical research or can also be called doctrinal law research. Data collection techniques in this study with the study of literature. From the results of the research problem there are two main things that were concluded, first, the growth of judges in case number 1132 / Pid.Sus / 2016 / PN.Pbr in Pekanbaru District Court, second, related to the imposition of sanctions in cases of illegal cosmetics distribution in case number 1132 / Pid .Sus / 2016 / PN.Pbr in Pekanbaru District Court. Keywords: Judge's Decision - Fines - Criminal Actions of Illegal Cosmetic Smuggling
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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Abstract

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
PENGARUH KETERANGAN SAKSI MAHKOTA TERHADAP PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI DIPERSIDANGAN Asha Farzah; 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 use of crown witnesses as evidence in criminal cases is permissible because it is based on reasons of concern about the lack of evidence presented, especially with regard to criminal cases in the form of inclusion and also reasons to fulfill a sense of public justice. The normative use of crown witnesses in the process of examining criminal cases does not clearly stipulate, but their use is recognized. The background presented by the witnesses of the crown is caused by the testimony of the witnesses of the crown is something that he saw himself and he did himself with his colleagues. Although his testimony feels burdensome to the other suspects even himself.The type of research is normative research by research into legal principles. This study uses a secondary data source consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with literature studies.From the results of the research problem there are two main things that can be concluded. First, the influence of the crown witness's statement on the judge's decision in imposing sanctions at the trial can be said to assist the judge in deciding the verdict on a case in which there is a lack of valid and sufficient evidence. Second, the judge's consideration of sanctioning the crown witness in the judge's decision is to accept formal facts with valid evidence and determine them based on the judge's conviction so that the judge's decision on a case can determine the fate of the defendant / kroon geituge.Keywords: Kroon getuige- Judge's decision- Sanctions
Penegakan Hukum Terhadap Pelaku Tindak Pidana Eksploitasi Anak Yang Dijadikan Pengemis Di Wilayah Hukum Kepolisian Resor Kota Pekanbaru Ramayana Ramayana; Emilda Firdaus; 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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Abstract

Children are vulnerable to becoming victims in a crime. One of the crimes against children is the exploitation of children who are made beggars, where children are employed by begging on the streets. In the child protection law, it is clear that there are prohibitions and criminal sanctions against perpetrators who exploit children, but there are still many cases of exploitation of children not followed up by law enforcers. Law enforcers should take firm action against child exploiters who become beggars based on Law Number 35 of 2014 concerning Protection. The author's research objectives are: To find out the law enforcement against the offenders of child exploitation crimes that are used as beggars, and the factors that hinder the law enforcement of the perpetrators of child exploitation crimes that are used as beggars in the Kepolresta Pekanbaru legal area.In this study the authors use the method of sociological legal research that is research that wants to see the correlation between law and society, this study was conducted in the jurisdiction of the Pekanbaru police resort town, while the population and sample are all of the parties related to the problem under study, in this study the data source used are primary data sources, secondary data, and Tertiary Legal Materials, data collection techniques in this paper that is by conducting interviews and library research, and the authors analyze the data using deductive methods namely ways of thinking that draw conclusions from a statement or proposition that is general nature into a statement that is special.From the results of the author's research, it can be concluded that; first, law enforcement against child exploitation perpetrators who are beggars in the Pekanbaru city police jurisdiction is less effective because the perpetrators of child exploitation criminals who are used as beggars never process law. Second, the servant factors faced by the police in upholding the law are the lack of awareness and awareness of the law of the community, factors of law enforcement officials, facilities and infrastructure, culture and morals of the communityKeywords: Law Enforcement - Criminal Acts - Child Exploitation
Penyidikan Terhadap Pelaku Tindak Pidana Penggelapan Mobil Rental oleh Kepolisian Resor Kota Pekanbaru Selvy Yustunika; Dessy Artina; 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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Abstract

Indonesia is a developing country, in a developing country the fulfillment of economic needs and motor vehicle facilities, especially cars, is very important for its people. With the higher needs, the higher the risk of crime. The crime of embezzlement of rental cars has happened a lot in people's lives. The embezzlement was carried out by the perpetrators to fulfill the necessities of life, with many car rental fraud embezzlement now it is necessary to consider quick action by the investigators regarding the background and mode of the fraud of the rental car embezzlement as well as how criminal liability against the embezzler of the rental car embezzlement that causes the occurrence of the acts embezzlement.The type of legal research used by the author is the type of sociological research, which is field research to see the effectiveness of law. According to Soejono Soekanto that in sociological legal research can see the correlation between law and society so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community. This research is based on descriptive research, which is a study that aims to describe the situation or phenomenon that occurs as clearly as possible. In this case what will be described is the rule of law, the crime of embezzlement of four-wheeled vehicles, obstacles encountered in the Pekanbaru City Police Department.The conclusion is that fraud is caused by economic factors that force a person to commit a crime. To get the defendant's money, he bought a car which the defendant pawned to get the amount of money the defendant used for his daily needs. After the elements of a criminal offense have been fulfilled, the perpetrators of these crimes must be sentenced. The embezzlement crime is regulated in article 372 of the Criminal Code which carries a maximum sentence of 4 years in prison.Keywords: Investigation – Embezzlement.
PENEGAKAN HUKUM TERHADAP PELAKU PENGGADAIAN MOBIL SEBAGAI OBJEK JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU Zainal Abidin; Zulfikar Jaya Kusuma; 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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Abstract

Car Mortgage as an Object of Fiduciary Guarantee is a fight that occurs in the community, because the increasing needs of the community are not comparable to the economic need to buy contingents related to goods, such as cars. How do you raise questions about how to create existing fiction? Mortgage car as an object of fiduciary security in the background by economic factors or personal needs that are not fulfilled so as to make the deviant relationship. Car pawning events as objects Fiduciary collateral does not happen a little to get a big profit and harm many others. However, until now the law enforcement of the sentence of car lifts as an object of fiduciary guarantee each year shows an increase in numbers. This type of research is sociological legal research, because in this study the author immediately conducts research at a location or place that is researched to provide complete bases and explains about the Pekanbaru City Police, as well as research and research related to research related to the problems discussed in the research this, the data sources used, primary data, secondary data and tertiary data, data collection techniques, in this study with interviews and literature studies. From the results of the research problem two main things that can be concluded. first, law enforcement on the protection of car pawning as an object of fiduciary collateral in the jurisdiction of Pekanbaru Police. The two challenges encountered in law enforcement against the pawning of cars as objects of fiduciary collateral by the Pekanbaru City Police Resort are various internal factors and external factors. Advice from the author, first, Seharausnya, law enforcement, law enforcement, prevention, participation Increased intensity by making a special team in following up that is not corporative. the police must be more active in terms of law enforcement, not only asking the creditors to enforce the law. The authorities should ask for greater coverage to reveal who gave the false identities contained in the report. The responsible party can reveal its identity can be revealed and cannot be released by inhaling fresh ingredients.Keywords: Law Enforcement-Against Carriers as Carriers of Fiduciary Assurance
ANALISIS YURIDIS PERBUATAN MAIN HAKIM SENDIRI PADA PELAKU YANG DIDUGA MELAKUKAN TINDAK PIDANA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Liza Afriani; Emilda Firdaus; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

Vigilante (Eingenrechting) which means taking the rights without the use of the tools of government power, vigilante action almost always runs parallel to violations of the rights of others, and is therefore not allowed. In the criminal procedure law which regulates the presumption of innocence, this principle explains that a person is considered innocent before a court decision has permanent legal force. So the existence of vigilante violations against the presumption of innocence. Then the act of vigilante (eigenrechting) itself has not been specifically regulated and clearly stated in Indonesian legislation. This study aims to first find out how the criminal provisions against vigilante acts, second to find out how to apply the presumption of innocence principle to several vigilante cases in Indonesia.This type of research is normative legal research, where this research is conducted by examining the principle of the presumption of innocence contained in the Criminal Procedure Code which is associated with vigilante action. This research uses descriptive research, because the author intends to provide a clear and detailed description of the provisions of the criminal act of playing rights alone and the application of the presumption of innocence to the perpetrator who is suspected of committing a criminal act.The results of this study can be concluded that the application of the presumption of innocence is still lacking in society and law enforcers because there are no specific regulations regarding vigilante actions that can threaten vigilante perpetrators and the presumption of innocence has not been well and thoroughly socialized. . If you look at the existing cases as well as several judges' decisions or jurisprudence, if there is an act of vigilantism, the provisions of the Criminal Code used to threaten vigilante perpetrators are used Article 170 of the Criminal Code regarding beatings and article 351. Criminal Code regarding persecution.Keywords: vigilante, presumption of innocence, perpetrators of criminal acts
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA MELAKUKAN EKSPLOITASI SECARA EKONOMI DAN SEKSUAL TERHADAP ANAK DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Trie Sundari; Emilda Firdaus; 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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Abstract

In Indonesia, crimes that often occur are trafficking in persons against minors who are exploited economically or sexually. The majority of victims of exploitation crimes are women and children. The main factors causing women and children to become victims of this crime are low levels of education and limited knowledge about their rights so that they are often used by perpetrators to fool victims with the aim of finding work. Based on cases of child trafficking that occurred in Indonesia according to the Indonesian Child Protection Commission (KPAI) that the police must act decisively related to trafficking in persons and exploitation of children, because child traffickers are increasingly rampant in Indonesia so it requires firm measures by law enforcement officials.Under the child protection law that every person is prohibited from placing, allowing, committing, committing to do, or participating in economic and / or sexual exploitation of children. The purpose of writing this thesis, namely: First to find out how law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of Pekanbaru City Police, Second to find out the obstacles in law enforcement against perpetrators of criminal acts to exploit economically and sexually against children in the jurisdiction of the Pekanbaru City Police Department.Keywords: Law Enforcement - Criminal Acts - Perpetrators - Economic and Sexual Exploitation - Children
PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Jonathan Christoper Silalahi; Erdianto Erdianto; 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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Terrorism is a crime that is classified as special / extraordinary (extraordinary crime). Terrorism is considered a criminal act that not only harms others but also violates humanitarian principles. As the times developed, terrorism launched its actions by expanding its operations through computer networks or virtual worlds. In matters relating to the handling of criminal acts of terrorism through the virtual world, the role of law enforcement officials is needed, especially from Sub-Directorate V of the Riau Regional Police. The purpose of writing this thesis is: first, to find the obstacles of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism). Second, to find out the efforts of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism).The research method of this thesis uses a type of sociological legal research, research which is carried out by conducting legal identification and how the effectiveness of the law applies in society. This research is descriptive. Sources of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this study are using interviews and literature review, after the data is collected then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, first, in the implementation of law enforcement by Sub-Directorate V of the Riau Regional Police against criminal acts of terrorism through the virtual world (cyberterrorism), obstacles were found, namely from internal factors of Sub- Directorate V Polda Riau such as limited personnel and members who are less skilled and experienced in the field, minimal budget, infrastructure, and the presence of external factors such as conditions in the field or society as well as legal factors. Second, in the countermeasures carried out by Subdit V of the Riau Police against criminal acts of terrorism through the virtual world (cyberterrorism), namely by increasing the number of personnel or human resources, completing infrastructure and also increasing operational costs. In addition, investigators also provide appeals, counsel to the public on criminal acts of terrorism through the virtual world (cyberterrorism), form a special team to maximize surveillance that occurs in the community, and in facing obstacles from legal factors, it is necessary to harmonize law or policy formulation of laws. crimes relating to criminal acts of terrorism through the virtual world (cyberterrorism).Keywords: Sub Directorate V - Prevention - Crime of Terrorism – VirtualWorld
REFORMULASI TERHADAP PENGATURAN UJARAN KEBENCIAN (HATE SPEECH) MELALUI MEDIA SOSIAL DI INDONESIA suci jolanda; 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 development of information and communication technology is now increasingly sophisticated with the emergence of various kinds of social media. Many users of social media abuse by spreading false news bringing down others and even spreading hate speech that can harm a group. The rise of hate speech (hate speech) is increasingly gaining attention from the public and law enforcement officials. Hate speech can encourage incitement, discrimination, violence, and even national divisions. The Electronic Information and Transaction Law (ITE Law) is a law that regulates hate speech on social media. In these laws the object of a criminal offense needs attention, because information intended to incite hatred is very biased in interpretationThis type of research can be classified into types of researchers Normative research or what is known as "legal research". This normative research uses the type of legal systematic research that can be carried out on certain laws or written laws. In legal research conducted by examining library materials or secondary data. The purpose of the group is to carry out identification of the basic orbasic notions in law.From the results of the research problem there are two main things that can be concluded. First, the definition of hate speech requires identification of elements of a criminal offense. Hate speech is all actions and direct or indirect attempts to incite a person or more spread hatred based on ethnicity, religion, race and between groups carried out on various social media. Secondly, in order to be able to explain specifically the meaning between groups because in principle the formulation of criminal law must be certain and strict so that it cannot be interpreted widely. The author's advice is the need for socialization or outreach to the community so that they can wisely use social media.Keywords: Hate Speech- Arrangement – Reformulation
Co-Authors Ahmad Novrian Arsyad Aisyah Nur Roma Dani Al Qudri, Al Alex Firdaus Simaremare Amirahni Zahra Tripipo Andre David Hasintongan Sitanggang Ardian, Mustika Saraswati Ardiansyah, Andri Asha Farzah Aslamiah, Futri Bayu saputra simanjuntak Caryn, Caryn Conny Ofta Tiani Br Tompul Davit Rahmadan Dayu Dawana Dedek Putra Dendy Zufriandi Dessy Artina Dhafa Dendy Dwijaya Diah Achriati Aulia Dita Febriyanti Diva Beauty Tomanda Doni Novrian Kudadiri Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Erdianto Erdianto Evi Deliana HZ Fajri, Muhammad Al Farzah, Asha Ferawati Ferawati Ferawati, Ferawati Ferawati Feriska Bulan Mutia Fijai Sanjaya Firdaus Firdaus Fitriyani Fitriyani Fuad Ikmal Grace Hanin Haryanto, Popo IRFAN SUTIKNO RAMADHAN Irma Laras Wati Ita Maya Sari Johannes Jum Joghi Pangaribuan Jonathan Christoper Silalahi Josua Karsia Junita Yunara Juwita, Annisa Khofifah Dinda Syahputri Kifli Raji Kiki Helmi Kinanti, Dinda Puteri Leonardo Sormin Liza Afriani Lopi, Siti Haviza Prada M Gilang Pratama M. Fadli Maria Maya Lestari Marinus Lase Martha Purba Maysarah Maysarah Mery Natalia Siahaan Mexsasai Indra MUCHAMMAD FAIZIN Muhammad A Rauf Muhammad Fahlebvy Muhammad Rafdi Muhammad Yodi Pinto Mukhlis Mukhlis Mukhlis R Mukhlis R. Nabilla Khaernas Nadya Junyantani Natasya, Audreya Naufal Nata Prawira Nur Shinta Sundari Nurahim Rasudin Nurul Syahvira Osshy Sari Sukma Panjaitan, Hertavip Dewantara PANUSUNAN SIREGAR Prayudi, Arga Purba, Rantika Br. Putri Nanda Salsabila Putri Nur Arafah Ramadan, Rahmad Ramadatul Fajri Ramayana Ramayana Rangkuti, Nurul Ibda Aprilia Rasyid, M. Akbarizan Regita Triana Aulia Restu, Teguh Amandia RINANDA, RIFAN Robet Chandro Wijaya Sibuea Robin Aritonang Ronaldo Stefano Sandri Sandri Saputri, Septiani Sarah Doviola Sipangkar Saraswati Aji Sawitri Selvy Yustunika Silalahi, Jonathan Christoper Simon Albertian Redy S Sindia Dwike Pratika Solly Aryza suci jolanda Sultan Kevinsyah Dian Nugraha Sundari, Nur Shinta Syahra Syahra Syaifullah Yophi Ardiyanto Syawitri, Dissa Mutiara Tengku Arif Hidayat Tri Zulkhaidir Trie Sundari Vannesah Nara Tasya Halim Wiby Fitria Alda Wifra Hadhratin Yanda Syahrul Qotni Putra Yesi Mutia Dini Yolanda Oktavia Yuli Shara Sihombing Zainal Abidin Zufriandi, Dendy Zulfikar Jaya Kusuma Zulfikar Jayakusuma