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PERTANGGUNGJAWABAN PIDANA TERHADAP PEMILIK DOAMAIN CARA MELAKUKAN CARDING BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 PERUBAHAN ATAS UNDANG-UNDANG MOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Takwa, Megat Kalti; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One type of cybercrime is carding is a credit card crime, is one form of theft and cheating in the internet world conducted by the perpetrators, to overcome carding law enforcement, the Government of Indonesia to make the Regulation that contains the protection of information and electronic transactions, in the form of Law Number 19 Year 2016 regarding the amendment to Law Number 11 Year 2008 on Information and Electronic Transactions, but what happens today most people know how to do carding from sites or domains available on the internet. Although government blocking has been done, there are still domains that can be accessed by the public. Based on the description above, if the domain of how to do carding only done blocking it, like it is not effective, because it is not able to prevent the development of carding among the public, especially internet users, should the domain owners should be held accountable.When viewed from its type, this research is classified as normative law research. Research proposed to the Act approach and case approach. The Law Approach is conducted by reviewing all laws and regulations relating to legal issues being addressed. Based on the nature of this research is descriptive, which is intended to provide a clear and detailed description of criminal liability review of domain owners how to do carding according to Law Number 19 Year on the amendment to Law No. 11 of 2008 on Information and Electronic Transactions.From result of research which writer do hence can be concluded. First, criminal liability can be given to domain owners how to do carding. Secondly, the weakness of Law Number 19 Year 2016 regarding the amendment to Law Number 11 Year 2008 regarding Information and Electronic Transaction is the absence of defisni about carding therein and there is no carding rules in it.Keywords: Criminal Accountability - Carding - Domain Owner

PERBANDINGAN PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI NOMOR 62/PID.SUS-TPK/2016/PN.PBR DENGAN PUTUSAN NOMOR 2233 K/PID.SUS/2017 TERKAIT TINDAK PIDANA SUAP Bijaksono, Athfal Habiby; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Corruption is one form of crime that damages national discipline. Things that are done insociety and society do not go well, causing financial impacts and decreasing national morale. Thepractice of corruption spreads in several State institutions such as the executive, legislative, andjudiciary both central and regional. The act of criminal offenses is one of the impacts on the socialand economic rights of the community. One of the Singer Corruption Crime cases because bribeAPBD-P 2014 dan RAPBD 2015 Interesting Singer Decision for review was reviewed there was adisparity in decision betwen defendant I and defendant II, because in the First Court the DefendantII was acquitted by the panel of judges. Then the public prosecutor at the Indonesian CorruptionEradication Commission filed a cassation law at the Supreme Court level, in which Tyris II wasfound guilty. The purpose of Singer Thesis Writing, namely: First, to review the basic basis of theJudge's consideration in dropping case decision number 62 / Pid.Sus-TPK / 2016 / PN.Pbr withCase Verdict Number 2233 K / Pid.Sus / 2017 defendant. second, to find out the power of proof inCase Number 2233 K / Pid.Sus / 2017 at the Supreme Court Cassation level.Operating Singer Research can be classified in the type of normative legal research,descriptive singer research is, that is, a research that describes operating clearly and in detailregarding the construction of judges' thinking in imposing criminal acts on corruption, data sourcesthat are used secondary data consisting of primary legal material , secondary legal materials, andtertiary legal materials, techniques for entering data in this study by studying the literature, after thedata collected is then analyzed to draw conclusions.From the results of research and discussion there are two things that can be concluded. First,Judex facti basic considerations using the way of Thinking Legism / Positivism and following anarrow meaning about the notion of Corruption Crime and tends to prioritize Judge Beliefs withoutconsidering evidence according to Article 184 paragraph (1) of the Criminal Procedure Code. Therationale of the cassation law on Judex Juris, the judge put forward on the spirit of progressive lawnamely juridical, philosophical and sociological decisions, the creator of a sense of justice andexpediency. Second, the strength of evidence in the cassation level is the dimensions of courtdecisions based on the theory of coherence or consistency, namely the truth that proves one thingthat is related to Article 184 of the Criminal Procedure Code. In Article 188 of the CriminalProcedure Code the application of the applicable provisions to determine its provisions.Keywords: Corruption Crime - Judge Decision - Proof

PENEGAKAN HUKUM DALAM MENANGGULANGI TINDAK PIDANA PEREDARAN MAKANAN KEMASAN YANG TIDAK MEMILIKI IZIN EDAR DI PROVINSI RIAU Ambarita, Agustin Pratiwi; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Food packaging that does not have a marketing authorization will threaten the health and safety of consumers because there is no guarantee of the safety and nutritional quality of the Food and Drug Supervisory Agency. Therefore, it is important that circulation permits issued by the government through prevent the occurrence of imported food packaging that threatens the health of consumers. Therefore, in Article 37 paragraph (1) of Law No. 18 of 2012 on Food states that every domestic food import must meet the requirements of security, quality, nutrition and not contrary to religion, belief and culture of society. However, in reality there are still many packaging foods that do not have distribution permit in the community. The research formulation of this thesis that is: first, How law enforcement against the circulation of food packaging that does not have distribution authorization in Riau Province? Secondly, What are the constraints of law enforcement efforts on the circulation of food packaging packaging that does not have distribution authorization in Riau Province? Thirdly, how is the effort to overcome the obstacle of law enforcement on the circulation of food packaging that does not have distribution license in Riau Province?The method of sociological juridical research, because in this study the authors directly procure research on the location and place studied in order to provide a complete and clear picture of the problem under study. This research was conducted and some shops selling packaged food which did not have circulation permit, while the population and sample were all parties related to the problem studied in this research. Sources of data used, primary and secondary data, and tertiary data, data collection techniques in this study with questionnaires, interviews, and literature review.The results of the study there are three points inferred. Firstly, law enforcement conducted Pekanbaru has not run optimally. This is because the Food and Drug Supervisory Agency Pekanbaru less intensity in conducting surveillance, so it is still found traders who sell food packaging that does not have a marketing authorization and light sanctions given to the perpetrator. Second, the constraints of external and internal factors. Third, the Food and Drug Supervisory Agency Pekanbaru effort to overcome the obstacles faced in overcoming the circulation of packaged food that does not have distribution license, additional employees, sanction and socialization of Consumer Complaint Service Unit Suggestion Writer: First more optimal supervision, Second improve cooperation with related parties, the third increases the roleKeywords: Law Enforcement-Permit Food Delivery Packaging

Mediasi Penal Penyelesaian Perkara Pidana Pada Masyarakat Desa Tanjung Alai Kecamatan XIII Koto Kampar-Riau Ferawati, Ferawati Ferawati; Dasrol, Dasrol Dasrol
Melayunesia Law Vol 2, No 2 (2018): Melayunesia Law
Publisher : Magister (S2) Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ml.v2i2.6233

One of the regions in Riau province that still applies customary law in resolving criminal cases is Tanjung Alai Kecamatan XIII Koto Kampar village which involves the role of ninik mamak as a mediator. The purpose of this research is to find out what crimes are resolved through customary law ( reasoning mediation) and how the process of resolving criminal acts trough the mechanism of customary law in the people of Tanjung Alai Kecamatan XIII Koto Kampar village. The results of this study are expected to provide a solution for law enforcement officers in overcoming the large number of cases that cannot be resolved by the criminal justice subsystem and the problem of over capacity of existing prisons throughout Indonesia

PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI DALAM MENANGANI KASUS PENYELUNDUPAN BAWANG MERAH BERDASARKAN UNDANG UNDANG NOMOR 17 TAHUN 2006 TENTANG KEPABEANAN Satriawan, Rahmat; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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As a developing country and island countries such as Indonesia sometimes experience a disruption and obstacles to the smoothness of state revenues, due to the occurrence of a smuggling crime. It is this form of evil that impedes the course of economic development, because a lot of state money is not picked up by the crime of smuggling. In addition smuggling crime is a latent danger that threatens the country's economy as well as the survival of a country. As for the purpose of writing this thesis, namely; Firstly, to know the role of Civil Servant Investigator of Customs and Excise in handling smuggling case of onion based on Law number 17 of 2006 concerning Customs in Dumai City Law Area, Second, to know what obstacles are found by Customs Civil Servant Excise in handling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that want to see the correlation between law and society, so as to reveal the effectiveness of law enforcement in society. The research was conducted at Dumai City Customs and Excise Inspection and Service Office, while the population and sample were the whole parties concerned with the problems studied in this study, the data source used, the primary data and the secondary data, the data collection technique in this study by interview And literature study.From the results of research problems there are three main things that need attention. First is expected to Civil Servant Investigators in realizing their role as law enforcement officers are expected to always be consistent in handling smuggling of shallots in terms of Preventive and Repressive. In the role of the Preventive role, it is more routine to conduct counseling to the community and more regularly patrols less smuggling activities such as in ports prone to access smuggling. Secondly, it is expected to Civil Servant Investigator of Customs and Excise of Dumai City in realizing its role especially in the section of investigation in carrying out its duties and obligations to always professional despite the constraints in performing the question as investigator, but it is also expected to improve its performance so that smuggling action can be minimizedKeywords: Role - Customs – Smuggling

KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM PROSES PEMBUKTIAN DI PENGADILAN SARI, APRI MONA; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Proofing process in the trial is passed by a process of examination of evidence of witness testimony. In this case, the researcher wants to know the verification process of Decision Number 106 / Pid.B / 2013 / PN.Pbr, then Decision Number 272 / Pid.Sus / 2017 / PN.Pbr, and Decision Number 451 / Pid.Sus / 2017 / PN.Pbr, because in some of these verdicts the witness is someone who has a blood relationship with the defendant. However, in Decision Number 46 / Pid.Sus / 2013 / PN.SLW witness who has a blood relationship with the defendant can not be presented as a witness in court due to having a blood relationship with the defendant. The type of this research is normative juridical that is to analyze the provisions rather than the legislation seen from the decisions by the judge, using secondary data obtained from primary law material, secondary law material and tertiary legal material. Data collection techniques for legal research is used literature review method and data analysis used deductive analysis, which is drawing the conclusions of the general arguments to the arguments of a special nature.It can be concluded based on the formulation of the problem of the first researcher, the evidentiary process of witness testimony that has blood relation with the defendant is not all criminal acts are allowed for witnesses who have blood relation giving testimony in the hearing, the setting of witnesses is also unclear and has no legal certainty. Secondly, the basis of the judge's consideration in deciding on the evidence of witness testimony that has a blood relation with the defendant in this proofing process is that of the decision number 106 / Pid.B / 2013 / PN.PBR, 272 / Pid.Sus / 2017 /PN.PBR, and verdict number: 451 / Pid.Sus / 2017 / PN.PBR provides consideration for witnesses who have a blood relationship, and in the decision number: 46 / Pid.Sus / 2013 / PN.SLW for witnesses who have a relationship blood can not be filed as a witness in court for violating Article 168 of the Criminal Procedure Code, in which the witness having blood relation is presented as a lightening witness to the defendant. The first author's suggestion should be to authorized officials to make the law more thorough in its manufacture. More systematic preparation, let alone related to the problem of the witness should be arranged more fully and clearly. Second, crimes committed within the family should be resolved in a familial way, if it is still possible to settle with the family itself rather than finally through legal proceedings in court.Keywords: Proof Process Description of Witness Having Blood Relation with Defendant - Legal Certainty.

PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN SALAH PENANGKAPAN TERHADAP PELAKU TINDAK PIDANA DALAM HUKUM PIDANA INDONESIA Manurung, Indah Rezeki; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the arrests is the mistake or negligence of the investigator indetermining the offender. The phenomenon of cases of wrongful catch is evidenceof weak performance of law enforcement officers and this should be accounted forreferring to the professionalism as law enforcement.This type of research can be classified with the type of normative juridicalresearch, because in this study the authors directly synchronize the law by usingthe normative approach focused on library research. This study analyzes thelegislation concerning the accountability of Polri investigators who have miscaughtwhen carrying out the duties and the cause of the wrong action of arrestby the investigator.From the results of this study there are some things that concluded theauthor. First, the occurrence of the victim of the arrest due to the lack ofunderstanding and the implementation of the investigator against the principle ofpresumption of innocence and the Criminal Procedure Code, the investigator usesa way contrary to the law to investigate the suspect by force or use violence toobtain information and recognition of the suspect, making BAP is far from actualthis matter may be punished and prosecuted in pre-trial shall be imposed withArticle 52, Article 333, Article 334, Article 351 of the Criminal Code. Secondly,the responsibility of the police investigator is divided into two, namely thematerial responsibility, namely the sanction of apology and the immaterialresponsibility, namely the sanction in the form of the obligation of re-education inthe institution of the police education.Keywords: Accountability - Investigators - False Arrest

PENCEGAHAN TINDAK PIDANA TERHADAP ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK OLEH KEPOLISIAN SEKTOR BANGKO PUSAKO ROKAN HILIR ', Almizan; Artina, Dessy; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Implementation of child protection in the territorial waters of the Bangko Pusako Sector Police has not been maximally protection for children still the number of children who become victims of crime, in contrast to those already regulated in the Act. Therefore, the purpose of writing this thesis, namely: first, how the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment to Law number 23 year 2002 about child protection by Police Sector Bangko Pusako Rokan Hilir. Second, what are the obstacles in implementing prevention of crime against children based on Law number 35 year 2014 regarding the amendment to Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir. This type of research can be classified in the type of sociological law research, because in this study the authors directly approach the way by looking in terms of legislation and the reality that looks at the object of research. The author conducted this research in the Police Sector Bangko Pusako. Population and sample of this research are Kapolsek Bangko Pusako, Reskrim Criminal Polsek Bangko Pusako, Victim's Parent and / or Victim's Legal Counsel. Sources of data used are: primary data and secondary data. Data collection techniques in this study with interviews, observation, and literature review. The conclusions obtained from the results of this study are first, the implementation of prevention of crime against children based on Law number 35 year 2014 on the amendment of Law number 23 year 2002 on child protection by Police Sector Bangko Pusako Rokan Hilir not fully in accordance with what expected by the community and the aspiration of the law because the efforts undertaken by the police have not been maximized and can not touch all levels of society as a whole. Second, obstacles in the implementation of prevention of crime against children based on Law number 35 year 2014 about the amendment of Law number 23 year 2002 concerning child protection by Police Sector of Bangko Pusako Rokan Hilir Sector ie society factor, facility factor and infrastructure, personnel and geographical factors.Keywords: Prevention-Crime-Against Child-Police Sector Bangko Pusako.

PELAKSANAAN PROGRAM REHABILITASI BAGI KORBAN PENYALAHGUNAAN NARKOTIKA DI LEMABAGA PEMASYARAKATAN KELAS II A PEKANBARU Irawan, Andi; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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According to Article 54 of Law Number 35 Year 2009 on Narcotics said that drug addicts and drug abuse victims must undergo rehabilitation. However, in its implementation in Class II A Pekanbaru, rehabilitation is only carried out by inmates who undergo a judge's verdict. The aim of this thesis are: First, the implementation of rehabilitation programs for victims of abuse of narcotics in Penitentiary Class II A Pekanbaru, Second, Barriers experienced in the implementation of the rehabilitation program in Lemabaga Penitentiary Class II A Pekanbaru, Third, efforts made in overcoming obstacles in the implementation Rehabilitation program at the Class II A Penitentiary Pekanbaru.This type of research can be classified into types of empirical juridical or sociological research, because in this study the authors directly carrying out research at the site under consideration in order to provide a complete and clear picture of the issues examined. This research was conducted at the Penitentiary Class II A Pekanbaru, while the sample population is a whole with regard to the problems examined, the source of the data used primary data, secondary data and data tertiary, data collection techniques in this study with the observation interviews, questionnaire and Literature study.From the results of research problems there are three main things that can be concluded. First, the implementation of the rehabilitation program in Class II A Pekanbaru Prison has been done well and some have not been implemented. Second, barriers encountered in the implementation of rehabilitation in Penitentiary Class II A Pekanbaru, namely, human resources, facilities, time constraints, budget, and rehabilitation clients. Third, efforts made in the face of obstacles in the implementation of rehabilitation in Penitentiary Class II A Pekanbaru, namely: improving human resources, add infrastructure, maximizing time, give strict punishment. Suggestions writer, first, the Government needs to provide assistance to meet the needs of implementing rehabilitation programs so that infrastructure development is met, both, quality and quantity of personnel need to be supported in accordance with the field, third, Need special attention from the relevant agencies (NGOs, BNN, RS, etc).Keywords: Implementation-Rehabilitation-Victim of Narcotics Abuse

Peranan Intelijen Kejaksaan Tinggi Riau dalam Pengungkapan Dugaan Tindak Pidana Korupsi Adri, Saidil; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the crimes that can be said to be unsettling and quite phenomenal is the problem of corruption. This criminal act not only harms the state's finances, but also violates the social and economic rights of the people. Corruption is a serious problem, this crime can endanger the stability and security of society, endangering socio-economic development and also politics, and can damage the values of democracy and morality because gradually this act seems to be a culture. The AGO is an institution authorized in the criminal act of corruption. The purpose of this thesis is to know the role of the High Intelligence of Riau Intelligence in Disclosure of Alleged Crime of Corruption and Barriers faced by the High Prosecutor's Office of Riau in Disclosure of Alleged Corruption.This research is sociological or empirical research that is kind of research which use society assumption in searching facts that happened in field to answer an existing problem. The research was conducted in the jurisdiction of the Riau High Prosecutor's Office. While the population and sample are the parties related to the problems studied in this study, the data sources used, primary data, secondary data, and tertiary data. Technique of collecting data in this research by interview and literature study.From the results of research that the authors do can be concluded, first The role of Intelligence of the Riau High Prosecutor Office in the disclosure of alleged corruption crime is to conduct activities and operations of judicial intelligence or investigation to collect data or information that can be used as evidence of whether or not there has been a criminal act of corruption which further evidence is submitted to the Leader or parties concerned for further decision making. The obstacles faced by the Riau High Prosecutor's Intelligence in uncovering allegations of corruption in the Riau High Prosecution's legal area are human resources (HR) factors, legal regulatory factors that are perceived to be inconsistent with the demands of the development of society, the difficulty factor for the Intelligence Prosecutors in obtaining evidence in the form of letters, valuable documents, and related assets, the lack of funding factors, lack of coordination by the Prosecutor's Intelligence with the relevant agencies, and the lack of planning factors undertaken by the Riau High Prosecutor's Intelligence.Keywords: Intelligence - Prosecutor - Crime – Corruption.

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