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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 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

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
REFORMULASI PENGATURAN JANGKA WAKTU PIDANA KURUNGAN SUBSIDER PIDANA DENDA DALAM TINDAK PIDANA KORUPSI Osshy Sari Sukma; Dessy Artina; 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

In court judgment of corruption, there is often a lack of uniformity of court judgment regarding the term of criminal confinement in lieu of criminal fines. While the nominal criminal penalties on these court judgment are exactly the same. This certainly harms the right of the convicted person to obtain justice, legal certainty and equality before the law. The purpose of this thesis is; first, to find out the time limit for the confinement of the criminal confinement subsidiary fines in the case of corruption in positive Indonesian law. Second, to find out the reformulation of the term of criminal confinement as substitute of criminal fines in corruption cases.The type of research used in this legal research is normative juridical method, with the study of legal principles namely the principle of legal certainty. This research is descriptive in nature, which is a study that aims to make a clear and detailed picture of the problem. The data source used is secondary data. Data collection techniques in this study with a literature review method after the data collected and then analyzed to draw conclusions.From the results of research and discussion, it is known that, First, there are no definite limits regarding the term of confinement in lieu of criminal fines in cases of corruption in positive Indonesian law. The limitation regarding the period of confinement in lieu of fines is not contained in Law Number 20 of 2001 Amendment to Law Number 31 of 1999 concerning Eradication of Corruption. Limitation on the period of confinement in lieu of fines is only regulated in the Criminal Code which is a general rule. While the nominal of criminal penalties in the Criminal Code although it has been converted by PERMA Number 2 of 2012 is too smaller than the nominal of fines that are threatened in corruption cases , so it cannot be used as a guideline. Secondly, the expected reformulation is the rule regarding the period of confinement in lieu of fines in the criminal act of corruption which was only guided by the Criminal Code which is a general rule, become updated with the term of the limitation of the period of confinement for a substitute fine specifically in the Act on Eradication of Acts Criminal Corruption. In order to have clear guidelines so as to create court judgment that meet the value of justice, and legal certainty and uniformity of court judgment between convicts who are sentenced to a fine with the same nominal. The author's suggestion, First, to minimize the inconsistency of court judgement, the government must immediately update the rules regarding the period of imprisonment as a substitute for criminal imprisonment in corruption cases. Second, the renewal of the rules regarding the limit of criminal time must be carried out accompanied by synchronization of the nominal fines threatened in the Corruption Eradication Law, so that these limits can actually be used as definite guidelines.Keywords: Reformulation - criminal confinement - Criminal Fines - Corruption
KEBIJAKAN FORMULASI TERHADAP ANAK SEBAGAI RESIDIVIS DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA Dendy Zufriandi; 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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Abstract

Crimes are not only committed by adults against children, but there are also crimes committed by children. The problem faced at this time is the number of juvenile delinquency cases with perpetrators are former convicted child convicts. The problem of repeated criminal acts (Recidivises) that occur against children in Indonesia is a complex problem and needs to be addressed immediately, so as not to cause unrest in the community. However, in the implementation of children as recidivists do not get clear arrangements in the juvenile justice system law.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through the statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. Data collection techniques used in Normative Legal Research is a method of library research that uses the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusion that can be obtained from the results of the study is the Criminalization of children as a recidivist in the Child Criminal Justice System at this time there is still no regulation governing criminal sanctions against children who commit repetition of a crime (residive), both contained in the Criminal Code or in the Law Criminal Justice System for Children. The absence of basic considerations in the conviction of children both criminal incriminating and mitigating, especially against children as recidivists. The idea of criminalization of children as a recidivist in the renewal of the juvenile justice system in Indonesia is urgently needed in order to formulate a better Indonesian criminal law policy in the future. The idea expected by the author of efforts to cope with children as recidivists is one of them by prevention. Judges in this case must be able to provide a basis for consideration in convicting children both criminal incriminating or mitigating, especially against children as recidivists.Keywords: Policy Formulation, Children, Recidivist Reform, Child Criminal Justice System
PENEGAKAN HUKUM SATUAN TUGAS LALU LINTAS (SATLANTAS) KEPOLISIAN DALAM MENANGANI TINDAK PIDANA PELANGGARAN LALU LINTAS OLEH MASSA AKSI UNJUK RASA DI KOTA PEKANBARU PANUSUNAN SIREGAR; Davit Rahmadan; 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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Abstract

One of the rights of Indonesian citizens is to express opinions in public aswritten in Article 28 E Paragraph 3 of the 1945 Constitution of the Republic ofIndonesia. The purpose of writing this thesis, namely: First, to determine the lawenforcement of the Traffic Police in handling traffic violations by mass demonstrations in Pekanbaru City. Second, to find out the inhibiting factors for the Traffic Police of the Police in handling traffic violations by mass demonstrations in Pekanbaru City. Third, to find out the efforts of the Traffic Police of the Police to enforce the law against criminal acts of traffic violations byprotesters in Pekanbaru City.This research is sociological. Data sources are primary data andsecondary data consisting of primary legal materials, secondary legal materialsand tertiary legal materials. Data collection techniques in this study wereinterviews, questionnaires and literature study and data analysis using qualitativeanalysis with deductive methods.From the research results, there are three main conclusions. First, the lawenforcement of the Traffic Police of the Police in dealing with criminal acts oftraffic violations by mass demonstrations in Pekanbaru City clearly regulates therules of law regarding traffic violations committed by demonstration masses. Inthe implementation, there was still no evidence of any action. Second, theinhibiting factor for the enforcement of the Police Traffic Police in dealing withcriminal acts of traffic violations by mass demonstrations in Pekanbaru City isthat the quantity of the Police is not balanced with the mass of demonstrations,prioritizes consideration, lack of awareness, regulations have not provided legalcertainty. Third, the efforts of the Police Traffic Police in enforcing the lawagainst traffic violations by mass demonstrations in Pekanbaru City need to payattention to the applicable legal rules. Author's suggestion, First, enforcement ofthe traffic police in dealing with criminal acts of traffic violations by massdemonstrations in the city of Pekanbaru is enforcement of traffic violations is anattitude in upholding the law. Second, the inhibiting factors for law enforcementof the Traffic Police of the Police in dealing with criminal acts of traffic violationsby mass demonstrations in Pekanbaru City need to know the inhibiting factors oflaw enforcement. Third, the efforts of the Traffic Police Unit in enforcing the lawagainst traffic violations by mass demonstrations in Pekanbaru City are toimprove the education of the traffic community, an alternative effort. it isnecessary to increase the quality and quantity of police personnel and strengthenlegal certainty in writing and unwritten / application.Keywords: Mass Action - Offense – Traffic
PERLINDUNGAN HUKUM TERHADAP AHLI YANG MEMBERIKAN KETERANGAN DI PENGADILAN Dayu Dawana; Erdianto Effendi; 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

Protection is all efforts to fulfill rights and provide assistance to provide security to witnesses and / or victims that must be carried out by LPSK or other institutions in accordance with the provisions of Law No. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection Witness and Victim. Legal protection as a description and function of law is the concept where the law can provide justice, order, certainty, usefulness and peace. One of the legal pieces of evidence in the criminal justice process is expert statements. The role of experts in the trial is to provide information in accordance with their expertise in order to make light of a case. However, what is happening right now is that there are efforts to prosecute experts who have provided information in the resolution of criminal cases. The problem raised in this study is how the legal protection of experts who provide information in court.The research conducted is normative legal research. Sources and types of data obtained from secondary data obtained from various library studies and legislation, books, literature relating to the problem of this research.In the research results there are two main problems that can be concluded. First, in providing preventive legal protection regulations made to protect experts to avoid threats when providing information, when examining criminal cases, experts feel safe, without pressure from any party, and experts are also free to provide information before law enforcement officials without any elements. coercion. Second, protection regarding expert statements in the future needs to be reaffirmed in the relevant laws and provide legal certainty for an expert providing information in criminal cases.Suggestions in this paper so that the legal protection of experts in the examination of criminal cases runs well relating to the rights obtained more expanded, protection must also be given without having an expert ask for protection and also provide legal certaintyKeywords: Legal, Protection, Experts, Courts
PERLINDUNGAN HUKUM TERHADAP PELAPOR DALAM TINDAK PIDANA NARKOTIKA DI WILAYAH KEPOLISIAN RESOR KOTA PADANG Amirahni Zahra Tripipo; Mexsasai Indra; 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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Abstract

Revealing acts of criminal narcotics is , the apparatus not only obtain information from the actors , but the role and the community in helping officers enforcement of law to prevent and members antas abuse of narcotics . The importance of security guarantees and legal protection for whistleblowers so that the public does not feel afraid to report a crime that is associated with the offense of criminal narcotics , and with the assurance that real and Dapa t perceived by a complainant . This study aims to determine the implementation, obstacles and legal protection efforts against narcotics reporters at the Padang City Police.Type of research this can be classified into types of research sociological , because the study 's author Ian gsung conduct research into the location or field point that in carefully in order to provide an overview as complete and clear about the problem that is investigated . Research is conducted in satresnarkoba Police Padang while the population and the sample is a whole party that is associated with a problem that is investigated in the study of this source of data that is used primary data Data secondary and the data tertiary technique of collecting the data in the study is to interview and study of literature .From the results of the research there are three things staple that can be inferred . First , implementation of protection of law against the complainant in the investigation of acts of criminal abuse of narcotics in the Unit of Investigation Narcotics Police of Padang is the way : security protection , Concealing the identity of the complainant, the complainant did not present in court. Second , k endala constraints the implementation of legal protection against the complainant in a criminal offense narcotics Investigation Unit Narcotics Police of Padang, namely: Not existence of the institution the Agency in the area of West Sumatra as well , especially in the province in Padang , lack of participation of the public in reporting acts of criminal narcotics , Rapporteur still doubted the protection that would be given by officers of police , lack of budget operations and a member of the program of protection of witnesses . Third , efforts to overcome the obstacles in the legal protection against the reporting acts of criminal narcotics in Unit Detective Narcotics Police Resort Padang namely: Addition of Members and and optimization of budgetary funds, Doing dissemination to the public , provide an understanding to the public in order to not be afraid to report any acts of criminal narcotics to the apparatus of police , treat the complainant with a good and true , Giving rewards to whistleblowers . The author's suggestion is that the public is expected to participate in reporting criminal acts of narcotics, and not be afraid to report them to law enforcement officials so that the future of the nation is safe from drugs.Keywords: Legal Protection - Reporting - Narcotics
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.
Settlement of criminal matters through Malay customary institutions with the concept of restorative justice in Lipat Kain Kampar Kiri of Kampar regency Elmayanti Elmayanti; Evi Deliana; Nurahim Rasudin
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v4i2.417

Abstract

Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.
Child Friendly Village Program as an Effort to Prevent Crimes of Violence against Children in Temusai Village, Siak Regency Elmayanti Elmayanti; Evi Deliana; Mukhlis R
Jurnal Hukum Volkgeist Vol 6 No 1 (2021): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v6i1.1321

Abstract

Kampung Temusai has been designated as a village worthy of children designated by the Bungaraya District. The formulation of the problem in this study is, what are the forms of child-friendly village programs as an effort to prevent child abuse in Temusai village and what are the factors that become obstacles in the implementation of the child-friendly village program and what are the efforts done in coming these obstacles. This research was conducted in Temusai Village. This type of research is sociological juridical with an emphasis on field research. The sociological juridical approach is carried out because the problems studied revolve around how the law applies in society. Judging from its nature, this research is descriptive, because it intends to describe the reality clearly and systematically. The Child Friendly Village Program that has been carried out in Temusai Village is the Community-Based Integrated Child Protection Campaign (PATBM), Maghrib study Program, Collaboration and coordination with various parties in supporting the Child Friendly District Program (KRA). The factors that become obstacles in implementing the child-friendly village program in Temusai village are Lack of Professional Human Resources, Limited technical guidance, Limited budget in running existing programs, Lack of supporting facilities and infrastructure for the Child Friendly Village Program and Lack of awareness community in supporting the Child Friendly Village program. Efforts made to overcome obstacles in the implementation is Coordinating with the local government regarding the budget which is still very minimal,
Perlindungan HAM Bagi Para Pelaku Makar Di Indonesia Dalam Proses Penyidikan Sampai Proses Peradilan Erdianto Effendi; Elmayanti
Jurnal Hukum Pidana dan Kriminologi Vol 3 No 1 (2022): Jurnal Mahupiki April 2022
Publisher : Masyarakat Hukum Pidana dan Kriminologi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (20822.583 KB) | DOI: 10.51370/jhpk.v3i1.64

Abstract

Pelaku tindak pidana, termasuk pelaku makar wajib dilindungi hak asasinya dalam proses penyidikan sampai pemidanaan. Praktik menunjukkan bahwa pelanggaran Hak asasi manusia terhadap tahanan dan narapidana masih saja terjadi. Melalui pendekatan penelitan yuridis normatif, disimpulkan bahwa Penegakan hukum terhadap mereka yang dianggap sebagai pelaku makar khususnya dalam penggunaan upaya paksa dan pemasyarakatan masih ditemukan adanya pelanggaran HAM bukanlah menunjukkan adanya pelanggaran HAM secara khusus terhadap pelaku makar karena praktik serupa pun terjadi juga terhadap penindakan tindak pidana lain.
Co-Authors Abda Abda Ahmad Novrian Arsyad Aisyah Nur Roma Dani Al Qudri, Al Alex Firdaus Simaremare Amirahni Zahra Tripipo Amiruddin Amiruddin 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 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 Helmi, Kiki Ilham Handika 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 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 Nurahim Rasudin Nurul Syahvira Osshy Sari Sukma Panjaitan, Hertavip Dewantara PANUSUNAN SIREGAR Prayudi, Arga Purba, Rantika Br. Putra, Yanda Syahrul Qotni 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 Sabaruddin Sabaruddin Salsabila, Putri Nanda Sandri Sandri Saputri, Septiani Saragih, John Meidi Sarah Doviola Sipangkar Saraswati Aji Sawitri Selvy Yustunika Silalahi, Jonathan Christoper Simon Albertian Redy S Sindia Dwike Pratika Siti Istiningsih, Siti Solly Aryza suci jolanda Sultan Kevinsyah Dian Nugraha Sundari, Nur Shinta Syahra Syahra Syaifullah Yophi Ardiyanto Syamsiar, Syamsiar Syawitri, Dissa Mutiara Tengku Arif Hidayat Tomanda, Diva Beauty Tri Zulkhaidir Trie Sundari Vannesah Nara Tasya Halim Wiby Fitria Alda Wifra Hadhratin Yesi Mutia Dini Yolanda Oktavia Yuli Shara Sihombing Zainal Abidin Zufriandi, Dendy Zulfikar Jaya Kusuma Zulfikar Jayakusuma