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ANALISIS YURIDIS PEMALSUAN IDENTITAS OLEH PENJUAL KARTU SUBSCRIBER IDENTITY MODULE INTERNET Sinambela, Winda Handayani; ', Erdianto; ', Erdiansyah
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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The establishment of criminal law is expected to be able to overcome legalproblems that occur in society. The existence of criminal sanctions is expected to have adeterrent effect on the perpetrators. If you look into Indonesian criminal law, there is noregulation on identity falsification carried out in electronic media, so there is no sanctionto the perpetrators. If the regulation on counterfeiting is not regulated, there will be manycases of identity forgery using electronic media. So that the value of the identity willdecrease and will cause many other crimes. Adami Chazawi in his book "Crimes RegardingCounterfeiting" said the attack on trust in the truth was in the form of an offense which wasdetermined as a crime. So, falsification of identity by an internet SIM card seller is anattack on trust and truth, because it contains elements of criminal acts, namely forgery(untruth).The purpose of writing this thesis is: First, to find out whether falsification ofidentity by the seller of an internet SIM card contains elements of illegal nature that can beaccounted for in criminal law. Secondly, to find out the ideal idea of legal regulation onidentity forgery by internet SIM card sellers.This type of research is normative legal research or can also be called doctrinallegal research. From the results of the research problem there are two main pointsconcluded, First, falsification of identity by internet SIM card sellers contains elements ofillegal nature, but in Indonesian criminal law there are no rules governing it so there areno sanctions that bind it. Therefore, a rule is needed which regulates the identity forgery.Second, the ideal legal arrangement related to identity forgery by internet SIM card sellersis that accountability can be requested to the perpetrator of identity forgery so that thevalue or significance of the identity can be maintained.

Pertanggungjawaban Pidana Terhadap Pelaku Penderita Shizophrenia Berdasarkan Kitab Undang- Undang Hukum Pidana. ', Safrizal; ', 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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In reality, not all crimes are committed by someone who has a healthy mental state. A person who has a mental disorder also has a role in criminal acts. As the case of Rodrigo Gularte drug dealer where the alleged perpetrators are Schizophrenic sufferers. Rodrigo Gularte was sentenced to death in a Supreme Court ruling on the review of No.46 PK / Pid.Sus / 2010. In this case the decision is used as a measure of the extent to which the sufferer of schizophrenia to be asked for criminal responsibility. The purpose of this Thesis Writer is First, to know the criminal responsibility to the perpetrators of Schizophrenia patients based on the Criminal Code. Second, knowing the legal review of the imposition of capital punishment by a judge in the judgment of the Supreme Court Court on the review of No.46 PK / Pid.Sus / 2010 against Schizophrenia perpetrators based on the Criminal Code. Writing this research using the type of normative legal research, reviewing legislation that refers to the Criminal Code. This study has a descriptive nature. Sources The data used are secondary data consisting of primary and secondary legal materials. Techniques of collecting data on literature review method or document study such as books or prevailing laws and regulations. So this study has a relationship in the legislation and in the literature. From the results of research problems there are two main things that can be concluded. First, the criminal responsibility of the perpetrators of Shizophrenia sufferers based on the Criminal Code is included in the category of Article 44, then according to the provisions of criminal law can’t be punished, but the act of the person is still an act contrary to the law (Wederrechtelijk) but the perpetrator is given a forgiving excuse The law so that the perpetrator's (Schuld) errors are erased. Secondly, the legal review of the imposition of capital punishment by judges in the judgment of the Supreme Court Court of Judicial Review No.07 PK / Pid.Sus / 2010 against the Schizophrenic offender under the Criminal Code is not a judge's stance contrary to the principle of legality, based on the judge's conviction and court evidence that the defendant shows an attitude that can be held accountable for his crime.

PENYIDIKAN TINDAK PIDANA PENISTAAN AGAMA MELALUI MEDIA INTERNET OLEH RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Suri, Aidil Fitri; ', 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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Cyber crime is one of the dark sides of technological advances that have a very wide negative impact on all areas of modern life today. Crime which is a crime of cyber crime is Illegal contents, that is evil by entering data or information to internet about something that is not true, unethical, and is considered to violate law or disturb public order. Based on data that writer get at Directorate of Criminal Investigation Special Police Region Riau, there is one form of crime cyber crime namely the Crime of Penusaan Religion through Internet Media, the crime of defamation of religion through internet media regulated in Article 28 paragraph (2) of Law Number 19 year 2016 about the change of Law Number 11 Year 2008 on Information and Electronic Transactions which reads: "Every person intentionally and without right to disseminate information aimed at generating a sense of hatred or hostility of certain individuals and / or community groups based on ethnicity, religion, race and intergroup (SARA)."That sanction a crime of blasphemy through his internet media tour in Article 45A paragraph (2) of Law Number 19 Year 2016 concerning the amendment to Law Number 11 Year 2008 regarding Information and Electronic Transactions reads: Any person who knowingly and without right to disseminate information intended to incite a sense of hatred or hostility certain individuals and / or community groups based on ethnicity, religion, race, and intergroup (SARA) as referred to in Article 28 paragraph (2) shall be punished with imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).The purpose to be discussed in this thesis is to know how the investigation of the criminal act of defamation of religion through internet media conducted by Special Criminal Investigation Directorate of Riau Regional Police, and how the role of an organization of Islam in a settlement of criminal mishandling case and some obstacles that must faced in seeking law enforcement against a crime of Information and Electronic Transactions and efforts to overcome these obstaclesKeyword: Investigation-Ethnicity,Religion,Race And Intergroup (SARA)-Cyber Crime

PEMBERANTASAN TINDAK PIDANA PENYELUDUPAN BAWANG MERAH OLEH PETUGAS BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI Ramadhan, Andika; ', 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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The purpose of writing this thesis namely: First, Knowing the efforts made by the Customs officers in eradicating criminal onion smuggling in Dumai City Legal Areas, Second, obstacles in eradicating criminal onion smuggling by Customs officers, Third, the efforts made in overcoming obstacles in eradicating criminal onion smuggling by customs officers.The study was conducted in the unofficial ports of Dumai City, while the population and the sample were all parties concerned with the problems studied in this study, the data sources used, the primary data, the secondary data, and the tertiary data, the data collection techniques in the study this with the observation, interview and literature study.From the results of research problems there are two main things that can be concluded. First, the effort made by Customs officers in eradicating the criminal act of smuggling of onion in Dumai city law area is the participation of the society is still lacking, this is because the people feel lucky, because they can buy the goods of export of foreign origin smuggled with low price and high quality. The high cost of production makes the production less able to compete with goods produced overseas.Second, the obstacles of customs officers in eradicating Red Crime Smearing on the Dumai City Legal Territory in the form of weak coordination and cooperation between officers and inter-related agencies in the field provide opportunities for smuggling. Suggestion Writer, First, It is expected to Customs to increase patrol intensity in every territorial waters of Dumai City and its surroundings. Especially in the ports and rats (unofficial) that are not supervised by the authorities and run the provisions of customs administration consistently, considering it is very detrimental to the State of Indonesia from the tax revenue sector.Second, for the PPNS Directorate General of Customs to provide punishment and a maximum penalty for the perpetrators, in order to have a deterrent effect on the perpetrator and be a lesson for other people not to commit the criminal act of the smuggling. Third, the community is expected to participate actively in preventing the occurrence of criminal acts of smuggling, with care about the situation and conditions around each and can inform the parties to the Customs.Keywords : Customs, era dication of criminal offense, onion

Penerapan Sanksi Pidana Terhadap Pencemaran Lingkungan Yang Disebabkan Oleh Sampah di Kelurahan Lipat Kain Kecamatan Kampar Kiri Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Tentang Pengelolaan Sampah ', Surianti; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Environmental pollution caused by waste can be allegedly violating Chapter XV article 39concerning criminal provisions in the Basic Law on Waste Management. However, the reality of pollution towaste in the Folding Kain village continues to occur and is getting worse. Enforcement of environmentalcriminal law does not go as it should, this is what proves that law enforcement that should provide adeterrent effect and prevent the occurrence of repetition of criminal acts or similar crimes has not runoptimally. The purpose of this thesis research is; First, to determine the application of criminal sanctionsagainst environmental pollution caused by garbage in the village of Lipat kain Kampar Kiri District,Second, to find out the obstacles and efforts faced in addressing environmental pollution caused by garbagein the District of Lipatkain Kampar Kiri District. From the results of the study there are two main problemsthat can be concluded. First, the application of criminal sanctions against environmental pollution causedby garbage in the Folding Kain Village in Kampar Kiri District is not running properly.Environmental pollution caused by garbage is regulated in Law Number 18 of 2008 concerningWaste Management, namely in CHAPTER XV article 39, but the application of sanctions carried out by theEnvironmental Service is still in the form of reprimand and garbage collection, sanctions imposed are not inaccordance with the Law or Applicable regulation. Secondly, the obstacles experienced by theEnvironmental Service in addressing environmental pollution caused by waste are in the form of lack ofawareness and knowledge of the residents of Lipat Kain Village on the law and the importance of theenvironment, the law enforcement factors, lack of personal and professionalism of law enforcement, lack offacilities and infrastructure adequate. And as for the efforts made by the Environmental Service inaddressing environmental pollution caused by waste, in the form of coordinating with the Kampar DistrictResort police, conducting socialization or counseling with the community, establishing good relations withthe community, installing banners or appointing, providing the necessary facilities in the case of wastemanagement such as garbage trucks, landfills, and personnel. Researcher's suggestion, First, it is suggestedto law enforcement officers to be able to apply the existing rules and the sanctions given are expected tohave a deterrent effect on the perpetrators of environmental pollution caused by garbage in order to createa clean and healthy environment. Secondly, it is expected that the Environment Service can implementmaximum prevention programs against environmental pollution, and work according to their respectiveprofessionalism.

PENYIDIKAN TINDAK PIDANA PERJUDIAN DALAM GELANGGANG PERMAINAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU Putri, Hana Aulia; ', Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The social problem that is still mushrooming in the community is the phenomenon of gambling. Gambling is an act that is contrary to religious, moral, moral and legal norms, and is harmful to the livelihoods and lives of the people, nation and state. People who use the opportunity to play gambling as stipulated in article 303 of the Criminal Code are subject to criminal sanctions as stipulated in article 303 bis of the Criminal Code, with a maximum imprisonment of four years or a maximum fine of Rp.10,000,000.00 (ten million rupiah). In Pekanbaru City, gambling cases are increasingly happening with various modes used, one of which is gambling in the game arena with a mode as a children's playground. Game venues that should be played by children but misused or converted as gambling places played by adults. The purpose of this thesis writing is to find out the investigation of the crime of gambling in the game arena by the Pekanbaru City Police to find out the obstacles in investigating the crime of gambling in the game arena by the Pekanbaru City Police, and to find out the efforts made by the Resort police Pekanbaru City in overcoming barriers to investigating gambling crimes in the game arena.This type of research can be classified in the type of empirical juridical research. Because in this study the author directly conducts research on the location or place studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police Department. The results of research conducted by the author are first, Investigation of criminal acts of gambling in the playground by Pekanbaru City Police Force is carried out with the stages of receiving reports / complaints, investigations, stages of investigation and forced efforts. Second, the obstacles faced in conducting investigations are the difficulty of proof because the place of the game is closed, lack of awareness and legal awareness of the community, and the intervention of the parties or certain elements. Conducted by Pekanbaru City Police in overcoming barriers is holding special learning activities for the police, conducting legal counseling, conducting patrols and routine surveillance, fighting police officers who protect crime, and forming a special team to spy on places that are often used as gambling places.Keywords: investigation - gambling - game arena

PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN GUNA MENCEGAH TERJADINYA TINDAK PIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A KOTA PEKANBARU MENURUT UNDANG - UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ', Jepriza; ', 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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Pekanbaru City Class II A Penitentiary as a sub-system of criminal justiceunder Law No. 12 of 1995 plays a role in the process of preventing criminal actsby providing guidance to inmates, conducting guardianship, and guiding inmates.So from that, the writing of this thesis formulates two problems, namely: First,what is the process of guiding inmates at the Class II A Correctional Institution inPekanbaru City? Second, what are the inhibiting factors in fostering prisoners atthe Class II A Correctional Institution in Pekanbaru City?This type of research can be classified in the type of sociological legalresearch (empirical), This research was conducted at Pekanbaru City Class II ACorrectional Institution, while the population and samples were Head of Class IIA Pekanbaru Lapas Security, Class II A Pekanbaru Class Security and ProcedureSection Head, Class II A Pekanbaru Lapas Security Officer, and Prisoners. Thedata sources used are primary data, and secondary data. Data collectiontechniques in this study were interviews, questionnaires, and literature review.From the results of the problem research there are 2 main things that canbe concluded. First, the process of fostering the prisoners in the Class II ACorrectional Institution in Pekanbaru can be said to not run optimally. This isevidenced by the limited facilities and infrastructure to support the developmentprogram, the state of Lapas that has over capacity, not all prisoners are willing totake part in the coaching program, the number of prisoners who use drugs inprisons, guards officers who are caught making illegal levies, and finally the lackof correctional officers in the field of guidance and teaching staff of thedevelopment program so that the correctional system does not work well inPekanbaru Class II A Correctional Institution. Second, efforts can be madetowards fostering inmates at Pekanbaru Class II A Correctional Institution,namely: overcoming the number of occupants who are over capacity, placingprisoners based on cases, making subtle approaches to inmates who are notwilling to take part in coaching programs, making additional efforts facilities andinfrastructures that support the coaching process, make efforts to add coachingteaching staff and security officers,

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA DARI PEMBERITAAN MEDIA MASSA DI KOTA PEKANBARU NATANIKA, YOMI; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Legal protection for children as victims of criminal acts, one of which is avoidance from publication of their identity as regulated in Law Number 11 of 2012 concerning Child Criminal Justice System Article 19 paragraph (1) and (2). But there are still some media / press that publish the identity of the child completely and clearly both in print and electronic media, it can have an adverse impact on the growth and development of children physically, mentally or socially. The purpose of this study was to find out how legal protection for children as victims of criminal acts from mass media coverage in the city of Pekanbaru and how the influence of mass media coverage of children as victims of the crime.This type of research can be classified in the type of sociological juridical research, because in this study the author directly conducts research on the location or place studied in order to provide a complete and clear picture of the problem under study.This research was conducted in the city of Pekanbaru. while the population and sample are all parties related to the problem under study in this study, the data sources used are primary data, secondary data and tertiary data and data collection techniques in this study observation, interviews and literature review.Legal protection for children as victims of criminal acts whose identity is published is the recovery of good name for the child must also be done so that later the child does not feel afraid when dealing with the surrounding community. The results of this research can be interpreted as any legal protection efforts against freedom and rights child rights and various interests related to child welfare. Legal sanctions are accepted by anyone who violates the obligations as referred to in Article 19 paragraph (1) shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of Rp. 500,000,000.00 (five hundred million rupiahs). Suggestions in this thesis research, it is hoped that media / press journalists will better understand the applicable legal regulations so that later there will be no more negligence such as publishing the identity of children who are victims of criminal acts.

Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Kematian Melalui Hukum Adat di Kecamatan Pujud Firman, Fantias; ', Firdaus; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Contractor Traffic and road transport have a strategic role in supporting nationaldevelopment and integration as part of efforts to promote public welfare as mandated by the 1945Constitution of the State of the Re public of Indonesia. Road transport is organized in order torealize the traffic and road transport safely, safe, fast, smooth, orderly, and regularly comfortableand efficient, able to integrate other means of transportation, reach all corners of the land area, tosupport equity, driving and supporting national development at a cost affordable to the purchasingpower.Judging from the development of human life, the occurrence of the law starting from thehuman person who is given by God the mind and behaviors that are continuously carried out byindividuals lead to personal habits, if personal habits are imitated by others, then he will alsobecome the habit of that person. Then if all members of the community practice this then graduallythe habit becomes the custom of the community, so adat is the custom of the community, andcommunity groups gradually make the adat as custom which should apply to all members of thecommunity with sanctions, so become customary law. Customary law is what is accepted and mustbe carried out in the community concerned. In order to maintain the implementation of customarylaw so that there are no irregularities or violations, then among the members of the communitythere is a duty to watch over. Thus, gradually these officers became customary heads.One of the areas in Riau Province that still adheres to customary law is the Pujud area ofRokan Hilir Regency, previously Pujud is a village that has the nickname Kampung Melayu Pujud.In 2011 there has been a criminal act involving traffic accidents causing deaths occurring withinindigenous communities in Kecamatan Pujud that can be resolved through customary law throughconsensus negotiations of indigenous peoples, and customary elements and both parties concernedwith criminal acts the. Traffic Accidents are unexpected and accidental incidental streets involvingvehicles with or without other road users resulting in human casualties and / or human losses.In this case there are differences between national law and customary law, this case thefamilies of the suspect and the victim reported to the local Ninik Mamak so that this serious mistakewas quickly resolved and did not become a grudge between the two parties concerned and broughtto the ground of positive law. The culprit is Mr. Ucok and the victim who died was Tina, the causeof which was the negligence of the victim himself, if the victim rode a motorcycle by speeding andpassing his motorcycle to nudge the car until he had an accident and the victim died.Keywords: criminal – Traffic Accident – Dead

ANALISIS TINDAKAN OBSTRUCTION OF JUSTICE ADVOKAT DALAM TINDAK PIDANA KORUPSI Harnita, Cici Merda; ', Erdianto; Rahmadan, Davit
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 in Indonesia is still facing many obstacles, one of the obstacles faced is the existence of measures to obstruct the process of enforcement of criminal acts of corruption committed by lawyers. Counted four advocates who have tripped obstruction of justice. This is a concern because advocates are respectable professions which are part of law enforcement. As for the writing of these goals, namely; First, law enforcement efforts against obstruction of justice advocates in corruption cases in Indonesia, secondly, the link between law enforcement against lawyers accused of carrying out obstruction of justice with advocate's immunity rights.This type of research can be classified in the type of normative research, because the authors only do research by examining library materials or secondary. Normative research is reviewed by the author regarding an inventory of positive law, and legal principles. Data sources used are primary legal materials, secondary legal materials and tertiary legal materials, data collection techniques in this study with library study methods or documentary studies.From the results of the research problem there are two main things that can be concluded. First, law enforcement actions of obstruction of justice advocate in corruption crimes in Indonesia, that law enforcement here has not been effective because related legal norms have not been adhered to by all legal subjects, this is influenced by three components of law enforcement namely the substance of law, law enforcement and legal culture. Secondly, the link between law enforcement and lawyers accused of carrying out obstruction of justice with advocate's immunity rights is related to the fact that the position of advocate is susceptible to intersecting with obstruction of justice if the advocate defines the immunity rights that he has without considering the limitations set out in the law and advocate's code of ethics. The author's suggestion, first, the legislators are expected, in drafting the law or renewing the law to improve its performance by making authentic interpretations in every article formulation, second, it is expected for law enforcement officers, in eradicating corruption must be serious indeed, not looking at a legal norm is more important than other legal norms; build mutual understanding between law enforcers and improve the professionalism of law enforcement as well as accuracy, independence and not selective, correcting law enforcement institutions.Keywords : Obstruction of justice â€“ Advocate â€“ Criminal Act â€“ Corruption

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