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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PROSTITUSI OLEH KEPOLISIAN RESORINDRAGIRI HILIR Amri, Ruhul; ', 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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At this time the level of poverty in Indonesia has increased very high this is due to the deterioration of our country's economy, resulting in the number of companies forced to close his business, it is that trigger the public to be able to find any job that can sustain daily life both legal and illegal, this also trigger the occurrence of social problems in Indonesia one of the most prominent is the emergence of prostitutes or prostitution practices from both young women to middle-aged women. The purpose of this study is to determine the authority of the police to enforce legal action against prostitution crime, police action against pimps and prostitutes, and efforts made to overcome obstacles faced in law enforcement of prostitution crime by Indragiri Hilir Resort Police.The type of this research is sociological legal research whereas if viewed from the nature of this research is descriptive. This research uses primary data that is data obtained directly from the source pertama.dan secondary data that is data that has been so.The result of this research is the authority of the police to enforce the law against the crime of prostitution is done only to the rules set forth in the Criminal Code Article 284, 295, 296. 297, 506 and Law Number 21 Year 2007 on the Crime of Trafficking Persons to cause deterrent effect actors Indragiri Hilir Resort Police action against pimps and prostitution actors in addition to applying the article of the Criminal Code, has also conducted the control of places - places where allegedly providing sexual services and conduct coaching of commercial sex workers caught. The obstacles found by Indragiri Hilir Police in in law enforcement against prostitution crime is the absence of strict regulation to arrange PSK and consumer using PSK services. The existing regulations are only firmly binding for commercial sex service providers ie pimps or pimps. Indragiri Hilir Resort Police can only conduct curbing and only catch commercial sex workers who then only given coaching without being able to catch the CSWs and consumers who receive the services of commercial sex workers. At the time of the arrest operation, much information came to the ears of the prostitutes so that they were prepared to anticipate and escape before the operation was carried out and at the time of raiding the prostitutes and those who were caught by the raid were only recorded, and given directions without any sanction of detention . The efforts undertaken to overcome these obstacles are the Indragiri Hilir Resort Police conducting preventive measures ie preventive business manifested in activities to prevent prostitution and repressive curative activities to suppress (eliminate), and efforts to heal the perpetrators of prostitution to bring they are on the right path.

Penegakan Hukum Terhadap Penyertaan dalam Tindak Pidana Pemurnian atau Pengolahan Emas Tanpa Izin di Kabupaten Indragiri Hulu Berdasarkan Pasal 55 Kitab Undang-Undang Hukum Pidana Anggreini, Indri; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that: "Theearth and water and the natural resources contained therein are controlled by the State and used as much aspossible for the prosperity of the people. Understanding of mining according to Law Number 4 of 2009concerning Mineral and Coal Mining, Article 1 Paragraph (1) mining is a part or all stages of activities inthe framework of research or management of mineral or coal which includes general investigation,exploration, feasibility studies, construction , mining, processing and refining, transportation and sales, andpost-mining activities. Gold mining and refining activities also took place in the Indragiri Hulu Regencyspecifically in Selunak Village, Batang Peranap Subdistrict, besides in Batang Peranap District the samething happened in Peranap Subdistrict and in Kelayang District. The activity was carried out by the peoplewho were around the area and there were even people from other regions. This activity has become alivelihood for the community, but the gold processing and refining activities were carried out withoutpermission, so that in conducting these business activities they did not see the impact that would be causedby their activities.This research is a sociological or empirical research that is the type of research that uses theassumption of the community in finding facts that occur in the field to answer an existing problem. Thisresearch was carried out in the jurisdiction of the Indragiri Hulu Resort Police. While the population andsample are parties related to the problems examined in this study, data sources used, primary data,secondary data, and tertiary data. Data collection techniques in this study with interviews and literaturereview.From the results of the research that the researcher did, it can be concluded, first, LawEnforcement for Participants in Participating in Crimes of Unlicensed Gold Purification and Processing inIndaragiri Hulu Regency Based on Article 55 of the Criminal Code, Indragiri Hulu Regional Police havenot fully enforced the law, because there is still room for perpetrators criminal act. Barriers to LawEnforcement against Participants in Participation in Unlicensed Gold Purification or Processing inIndragiri Hulu Regency are human resources (HR) factors, the difficulty for the investigator in obtainingevidence in the form of letters, documents and other evidence. The efforts made by the Police, here are theefforts that have been made by the Police in law enforcement, the recruitment of human resources needed bythe Police must be done transparently and the employee must have certainty and capability in the Policefield, the mutation system and job rolling must be truly pay attention to the principles of justice and qualityof human resources, increase training for the Police.

KEDUDUKAN SAKSI VERBALISAN DALAM KITAB UNDANG-UNDANG HUKUM ACARA PIDANA. NABABAN, LIA DANIATI; ', 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 verbal witness is a witness from the investigator where his presence in court has not been regulated in the Criminal Procedure Code, but is often presented in court when the defendant revokes all or part of the investigation report (BAP) which has been made before the investigator in the hearing. The purpose of this thesis, namely; first, the validity of the testimony of verbal witnesses and their relationship with Article 184 of the Criminal Procedure Code of legal evidence; secondly, the extent to which the testimony of verbal witnesses influenced the judges' decision in the present trial in Indonesia. This type of research is normative legal research, namely research on legal systematic, where research on legal systematics is the study of certain legislation or written law. The aim is to establish identification of the fundamental terms of rights and obligations, legal events, legal relations and legal objects. From the results of the study and discussion it can be concluded that first: the testimony of the verbalist witness will be valid if given under oath and by the testimony judge of the verbalist witness can be used as evidence of evidence in court; second, the testimony of the verbal witness is limited to what is recorded by the investigator during the investigation process so that it becomes the sole responsibility of the judge to conclude the abrogation of the defendant's BAP is acceptable or not by assessing the suitability of the testimony of the witness of verbalism with other evidence presented in the hearing. Suggestion of the writer, first: the witness of verbalism should at the time of giving testimony in the hearing to give an honest statement considering his testimony will be used by the judge as evidence of evidence in the hearing. Secondly: the judge should possess the skills and legal skills and mature mastery skills of the subtlety of the proof so that if the defendant revokes the BAP that has been made before the judge's investigator will be able to consider by judging the suitability of the evidence presented in court.

EFEKTIVITAS PENEGAKAN HUKUM PIDANA TERHADAP PERUSAHAAN PERKEBUNANAN DALAM KASUS KEBAKARAN HUTAN DAN LAHAN DI WILAYAH PROVINSI RIAU Lubis, Anwar Wijaya; ', Erdianto; Edorita, Widia
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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Agricultural development and plantation has an important meaning in anattempt to improve the national economic growth as well as increase tarap the lives ofthe community .In literature environmental problems hidup-masalah the environmentcan be classified into the accompanied three forms of , pt pgn promised to supply areprone to air pollution of the living environment ( pollution ) , of land use have mistakenlytargeted ( land owns missue ) and is draining or for you never to end natural resources (natural resource depeletion ) .The development of the agricultural sector clovecommodities which were accompanied by the criminal deeds as meant stages as well asenvironmental instead took pleasure in unrighteousness was exactly like the combustionof forests and land areas is a manifestation of its a number of concrete the ineffectivenessof licensing requirements and regulations imposed regulation or not an undeveloped tobe carried out efficiently law enforcement will involve all stakeholders namely relating toenvironmentThe kind of research this can be grouped in the kind of research empirical law orsociological , because in this research writer directly did an experiment in most of thesurvey or place to which be researched in order to provide a picture in complete andclear about the problem in question .The research was conducted in an administrativeterritory riau .Of the source of data that is used , pt pgn promised to supply: primary andsecondary data .The technique of data collection during this research with theobservations , the objective of the interview , and the results of literature that.Keywords : Land and forest fir - Publicly-listed plantation company accountability- Environmental crime

PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI (STUDI KASUS DI KEJAKSAAN NEGERI PELALAWAN) Azhari, Roby; ', Erdianto; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In Law Number 31 Year 1999 Jo of Law Number 20 Year 2001 Concerning the Eradication of Corruption which has been regulated in Article 18 paragraph (1) Part b About Additional Criminal which obliges the corruptor to return state loss as much as equals objects obtained from criminal acts of corruption. The purpose of this thesis Writing, namely: First, the return of state losses due to criminal acts of corruption committed in the State Prosecutor Pelalawan, Second, the obstacles faced by the State Prosecutor Pelalawan in returning state losses due to corruption. This type of research can be classified in the type of sociological juridical research because in the research the authors directly conduct research on the place to be studied, while the population and sample is the whole party related to the problems studied in this study, data sources used, primary data, secondary data , data collection techniques in this study by interviews, literature review. From the results of this study can be concluded. First, the return of state losses due to corruption crimes committed in the Pelalawan District Attorney through the payment of replacement money for every defendant of corruption cases is not in accordance with the provisions of Article 18 paragraph (1) sub-paragraph b of Law Number 31 Year 1999 Jo Law Number 20 Year 2001, that is, the repayment of the replacement amount is as much as the property obtained from corruption, Second, the obstacle faced by the Pelalawan District Attorney in returning the state losses due to corruption due to the lack of personnel of the Public Prosecution Service especially the Pidsus and the intelligence, the lack or the lack thereof budget in handling corruption crime, especially in conducting the asset tracking and also the authority of the prosecutor is limited by law or law itself. Keywords: Public Prosecutor - Corruption - Refund - State Losses

Tinjauan Yuridis Putusan Hakim Yang Memutuskan Perkara Tindak Pidana Narkotika Diluar Surat Dakwaan Berdasarkan Pasal 182 Ayat (4) Kitab Undang-Undang Hukum Acara Pidana (Studi Kasus Perkara Nomor: 56/Pid.Sus/2016/PN.Bkt) Devas, Afifah Fatharani; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Daily law enforcement always administration preoccupied by a variety of criminal acts that occurred in the middle of the community, including the crime of narcotics. The crime of narcotics must be dealt with and processed by the criminal justice system. In the process of the trial, the judge who was instrumental in deciding a matter. Under article 182 subsection (4) the book of the law of criminal procedure that the Tribunal Judges do the deliberations to take a decision should be based upon indictment and everything that is proven in the examination at the hearing. In the decision-making there is a possibility the judge memutusakan the matter outside of the indictment. While the indictment was instrumental as the basis of the implementation of the resolution of the criminal case.The purpose of this thesis research namely: first, to find out the consideration of judge decided a matter outside the indictment in the criminal offence of narcotics. Second, to know the legal consequences for the verdict outside the indictment in deciding a matter the crime of narcotics.This type of research is classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research. In this study, the source data used the primary data, secondary data and data tertier. Data collecting techniques, in this study with the method of the study of librarianship or documentary studies.From the results of research, there are two things which can be inferred. First, the basic consideration of the Tribunal is judge on the verdict the number 56/Pid. Sus/2016/PN. Bkt Bukittinggi, based on the District Court to the Supreme Court RI circular letter number 07 Year 2012, that the judge can make a legal breakthrough because the judge is not a funnel the Act. Second, the legal consequences for the verdict outside the indictment in deciding a matter the crime narcotics namely annulled by law. Because the ruling is not in accordance with the provisions of the book of the law of criminal procedure as provided for in article 182 subsection (4) the book of the law of criminal procedure. The author's suggestion, first in conducting deliberations for a decision of the Tribunal shall Judge according to the provisions in force. Second, in the Tribunal's ruling the judge had dropped the freedom and interpretation, but still there are restrictions that must be observed. We recommend that the Tribunal judges do not do errors-errors in dropping the verdict against the defendant, the Tribunal shall Judge understand the rules that apply.Keywords: Crime – Indictment – Verdict - Judge

PENYIDIKAN TINDAK PIDANA PERAMBAHAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Laksmi, Dewa Ayu Putu; ', Erdianto; Edorita, Widia
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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Lately, the destruction of forests has become more widespread and complex. The destruction occurs not only in production forests but has also penetrated into protected forests or conservation forests. Forests encroachment is a forest clearing activity for the purpose of owning, controlling, and utilizing forest product regardless of the basic function carried by a forest area. Illegal occupation of forest land, forest use deviating from its function, and irresponsible forest exploitation are severely damaged. The losses incurred by forest encroachment are enormous, the country losing billion and even trillions of rupiah. In addition to economic losses of forest products taken by encroachers uncontrollably and ignoring sustainable principles, the enormous environmental damage is very large and has extraordinary impact on forests ecosystem imbalances.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted at Sub Directorate IV of Directorate of Special Criminal Investigation of Riau Regional Police, while population and sample are all related parties in problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study by interviews, and literature review.From the research there are three main points that can be concluded. The first, criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, is still not running properly that has been regulated in legislation. Secondly, obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are financial obstacles, obstacles of facilities and infrastructure, obstacles to bring in forestry experts, lack of public legal awareness, and geographical factor. Third, efforts to overcome obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are propose additional operational costs, adding facilities and infrastructure, coordinate or communicate with experts, and raising public awareness of forest legislation.Key Words: Investigation â€“ forestry crime â€“ forest encroachment

PENYELESAIAN TINDAK PIDANA PENCURIAN ALIRAN LISTRIK DI LUAR PENGADILAN BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2009 TENTANG KETENAGALISTRIKAN DI WILAYAH HUKUM TAPUNG KABUPATEN KAMPAR VANDIWINATA, YULI; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Control of Electricity Usage (P2TL) according to Article 1 number 18 Decree of the Board of Directors of PT PLN (Persero) No.68.K / 010 / DIR / 2000 is an inspection by PLN of PLN installations and customer installations in order to Control Electricity Usage. In practice, criminal acts in the electricity sector, especially those involving electricity theft, are not resolved through court institutions but through institutions outside the court. This condition does not make deterrent actors repeat it and even invite other actors to do it. The purpose of writing this thesis is to explain the reasons for conducting an off-court settlement of a crime of theft of electric current, a settlement mechanism carried out by PT PLN and the legal consequences of an off-court settlement of a crime of theft of electric current. To obtain data in this thesis writing, literature research and field research are conducted. Library research is conducted to obtain secondary data, while field research is conducted to obtain primary data through interviews with respondents and informants. The results of the research show that the reason for the non-court settlement of the crime of electric current theft is because PT PLN (Persero) which is controlling the Electricity Usage Control Team (P2TL) is more focused on efforts to avoid conflict with the community and seek compensation for finance production.The mechanism for resolving criminal acts of theft of electric current by PT PLN customers is carried out through P2TL officers who come to the location of the violation or the illegal use of electricity (theft) to terminate the temporary electricity connection and submit a supplementary bill. If the offender carries out his obligation to pay the bill then the electricity will be reconnected. As a result of the law of non-court settlement of this case is the existence of an off-court settlement, then the crime of theft of electric current is erased and if the perpetrator has carried out a bill payment, the customer can return to PT PLN customer as before. It is advisable for policy makers to be able to issue more stringent legal regulations regarding legal sanctions for perpetrators of the use of electricity asrus users / users in order to avoid customer actions to repeat their actions which could harm PT PLN in the future. It is recommended to the PLN to continue to control efforts to avoid the existence of other actors who use electricity illegally that can harm PT PLN and also other customers who become consumers of electricity

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUALAN ROKOK ILEGAL OLEH BEA DAN CUKAI KABUPATEN INDRAGIRI HILIR BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2007 TENTANG CUKAI MEGAWATI, RUTH; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Cigarettes are one of the items subject to excise. Illegal smoking is a favorite and sought after by many people compared to legal cigarettes in the area of Tembilahan City. The purpose of this thesis is: First, the impact of illegal cigarette sales crime in the city of Tembilahan, Indragiri Hilir Regency, Second, Law enforcement against criminal acts of illegal cigarette sales by Customs and Excise of Indragiri Hilir Regency, Third, Barriers and efforts in law enforcement against criminal sale of illegal cigarettes by the Customs and Excise of Indragiri Hilir Regency.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 Tembilahan City, while the population and sample were all parties related to the problem under study in this study, the data sources used were primary data, secondary data and tertiary data and data collection techniques in this observation study. interviews and literature reviews.From the results of this study there are three main things that can be concluded, namely: First, The impact of illegal cigarette sales is loss of income for the State and health problems for the community. Second, Law Enforcement in dealing with criminal acts of selling illegal cigarettes in the form of preventive law enforcement can be in the form of conducting legal counseling, carrying out observations and conducting patrols, market operations in accordance with existing regulations. Third, barriers faced in law enforcement against criminal acts of illegal cigarette sales are 2 (two) factors, namely internal factors that become obstacles, including lack of personnel, lack of operational facilities. While the External factors include geographical location and lack of community role. Meanwhile, the efforts made in overcoming barriers to law enforcement criminal acts of illegal cigarette sales are adding personnel and adding operational facilities. Suggestion, First, the community should be aware of the law. Second, law enforcement carried out by the authorities should be in accordance with the rules. Third, in overcoming obstacles, the apparatus should attempt to be professional and follow the rules and regulations.Keywords: Crime - Sales - Illegal Cigarettes

PENERAPAN SANKSI PIDANA TERHADAP PERDAGANGAN TELUR PENYU BERDASARKAN UNDANG UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DI SUMATERA BARAT MUSTIKA, NILA; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Sea turtles are one of the rare animals that have been protected by the government, the use of unsustainable turtle resources among them in the form of poaching, collecting or harvesting less turtle eggscontrolled, and trade in turtle resources illegally, thereby reducing the turtle population in the wild. Actors trading eggs turtle, in accordance with Article 40 Paragraph (2) of Law Number 5 of 1990 concerningConservation of Natural Resources and Ecosystems, can be sentenced to prison a maximum of five years in prison and a fine of Rp. 100,000,000. Cases per turtle egg trade have been tried in Padang District Court.The purpose of this research is to find out how the application of criminal sanctions against the perpetrators of turtle egg trade by a judge in Case Number 467/Pid.Sus/2014/PN.Pdg the judge in imposing a criminal case against the perpetrator of the turtle egg trade in Case Number 467/ Pid.Sus/ 2014/PN.Pdg and Case No. 202/Pid.sus/2016/PN.Pdg. The type of research used in this study is sociological legal research. In sociological research, the method of analysis is adjusted to the categories of data and the wishes of researchers. The analysis carried out is quantitative data analysis, namely the data analyzed using statistics or mathematics or the like.The results of this study are that of the two decisions against the criminal offense handed down by the judge still below the maximum criminal sentence and the judge's verdict, which is a trial sentence against the perpetrator of a repeat of a criminal offense. In imposing a criminal, judge referring to juridical considerations namely, the Public Prosecutor's Indictment, statement of the defendant, witness testimony, expert testimony, evidence and non-juridical considerations namely, things that are burdensome and mitigating.

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