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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Law, Crime, Criminology & Criminal Justice
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Search results for , issue "Vol 4, No 2 (2017): Wisuda Oktober 2017" : 100 Documents clear
PROBLEMATIKA KEWENANGAN PENUNTUTAN ANTARA KEJAKSAAN DAN KOMISI PEMBERANTASAN KORUPSI DIKAITKAN DENGAN SISTEM PERADILAN PIDANA Ginting, Jonta; ', Erdianto; ', Erdiansyah
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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Abstract

Corruption is one of the most fundamental constraints experienced by theIndonesian state. Prosecution of corruption committed by these two institutionsoften make it difficult for law enforcement efforts against corruption. Because it isnot clearly regulated the authority limits both institutions. As well as the unclearposition of the Commission in the Criminal Justice System Indonesia,. Thepurpose of this thesis, namely: First, to know the problems of prosecutorialpowers between the Prosecutor and the Corruption Eradication Commissionassociated with the criminal justice system. Secondly, To know the authority of theCorruption Eradication Commission in the prosecution of corruption associatedwith the criminal justice system. Third, to determine the position Prosecutor andCorruption Eradication Commission in corruption associated with the criminaljustice system.This type of research can be classified into types of normative juridicalresearch, because in this study the authors conducted a study of the legislation onthe subject under study. In this study the source of the data used primary data,secondary data, and the data tertiary data collection techniques in this research isthe study of literature.From this research, there are three main conclusions. First, thereoverlapping authority and conflicts of interest between the Prosecutor and theCorruption Eradication Commission. Secondly, the Corruption EradicationCommission is authorized to prosecute corruption cases. Third, that theProsecutor and the Corruption Eradication Commission has not been clearlyregulated and the position in the Indonesian criminal justice system,Suggestions writer, first, that need to be regulated in the Act regardinglimitation prosecutorial powers between the Prosecutor and the CorruptionEradication Commission. Second, that the eradication of corruption, especially inthe field of prosecution Anticorruption Commission is authorized to conduct theprosecution as stipulated in Law Number 30 of 2002, Three, that needs to beclearly on the positions of the Prosecutor and the Anticorruption commission inthe criminal justice system of Indonesia, so as not to cause a variety of problemsand in the prosecution of corruption.Keywords: Prosecution, Corruption, Prosecutor, Corruption EradicationCommission
PENYIDIKAN TINDAK PIDANA PENIPUAN WARKAT BANK BERUPA CEK KOSONG DI KEPOLISIAN DAERAH RIAU Sepria Amnur; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The use of checks as a means of payment in Indonesia, especially Riau Province still often cause problems, especially about the blank checks that cause harm to the recipient. Issuance of a blank check is qualified as a criminal act of banknote fraud in the form of a blank check, as provided for in Article 378 of the Criminal Code. Marakya bank crime crime in the form of blank checks that occurred in Riau Province is inseparable from the investigation process that has not been optimal. Investigations that have not been optimal in law enforcement of bank criminal acts in the form of blank checks in the Riau Regional Police cause not materialized legal certainty. Therefore, the investigation of banknotes crime in the form of blank checks by the Riau Police Investigators should be optimized in order to realize legal certainty. The purpose of writing this thesis, namely: First, To find out the investigation of criminal acts fraudulent bank in the form of blank checks in the Riau Regional Police. Secondly, to find out whether the proof of criminal act of bank warning fraud in the form of blank checks in Riau Regional Police requires expert information. This type of research can be categorized in the type of sociological research. The research location is Riau Regional Police. Sources of data used are primary data and secondary data. Data collection techniques are interviews and literature studies using deductive methods that draw conclusions from things that are general to things that are special. From the result of the research, there are two main points that can be concluded. Firstly, the investigation of criminal act of bank warning fraud in the form of blank checks at Riau Regional Police has not been optimally proven by the high number of fraud checks and the delay or unfinished professional and proportional investigation process, The lack of optimal investigation due to obstacles, including limited investigation personnel, lack of operational budgets, lack of expert investigators in handling cases of fraud checks, geographical circumstances with the potential for occurrence of crime and minimal witnesses. Secondly, the information of legal experts in the proof of criminal acts of bank warning fraud in the form of blank checks at the Riau Regional Police is still needed in supporting the investigation process due to the lack of evidence ie the minimal witnesses and the lack of expert police in handling the case of the crime of blank check. The effort to overcome the obstacle of investigation of criminal acts of bank fraud in the form of blank checks in Riau Regional Police is to make strict action against every crime that happened, build partnership with other institution (stakeholder) especially banking party and also need the increase of number of investigator personnel, Enhancement of investigator capability through special training in banking. Keywords: Investigation - Fraud Crime - Bank Clips in the Form of Empty Check
TANGGUNG JAWAB MEDIA CETAK DALAM MEMUAT BERITA YANG SALAH DI PT.RIAUPOS PEKANBARU PERSPEKTIF HUKUM PERDATA Bella Nabila; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Mass media is the delivery of information and communications delivered through intermediaries (media) to the general public. Mass media that is now used by the public form more diverse, one of which is the print media. In the civilization of mankind, newspapers are the oldest print mass media. A newspaper is a printed medium that contains news published every day. Newspapers are always required to reveal the truth of the news in fairness. In addition to fair reporting demands, newspapers are also required to do accurate news, which should not lie. Newspapers should always develop objective news. The information must also be balanced and fair in order that the published news does not harm the other side. But in fact, journalists could have stumbled over a case of misinformation and then it would cause harm to others. If any party feels aggrieved then a lawsuit can be executed. Therefore it is necessary to demand the responsibility of the media where the journalist works. The problems that will be discussed in this thesis is how the form of accountability of print media when loading the wrong news in the perspective of civil law.This type of research is sociological, because in this study the authors directly conduct 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 PT. Riau Pos Pekanbaru, while the population and the sample is the whole party related to the problem studied in this research, data source used, primary data, secondary data and tertiary data, data collection techniques in this study with interviews, questionnaires and literature study.From the result of the research, it can be concluded that based on Article 1365 of the Civil Code, those who feel disadvantaged over the wrong report are entitled to accountability. The print media shall perform its duty to be responsible for correcting or corrupting any wrong reporting in accordance with Article 1 Sub-Article 13 of the Correction Duty. The form of media accountability in the perspective of civil law is through the use of the right of reply or clarification of the news, through press councils, through courts or indemnities, and boycotting press companies.Keywords: Responsibility - Mass Media - Newspaper - Wrong News
PERANAN BADAN NARKOTIKA NASIONAL PROVINSI RIAU DALAM PEMBERANTASAN PEREDARAN NARKOTIKA DI LAPAS KELAS II.A PEKANBARU DIKAITKAN DENGAN UPAYA PEMBINAAN. Desi Silvia Angraini; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Development Correctional Institution, a very strategic position in realizing the ultimate goal of the criminal justice system is rehabilitation and social reintegration of law violators. The purpose of implementing the Corrections system to make the Citizens Correction of Corrections to be full human beings, being aware of the error to recover themselves and not to repeat the criminal act that can be received by the community may Actively participate in development and can normal life as a good citizen and responsible Although the function of the Correctional System is a corrective set Citizens' patronage healthy to integrate with the community so that it can play a role as a member of the community Society, that is free and responsible. Nevertheless, the goal and function of prisons does not seem to be achieved, as evidenced by the drug trafficking in prisons II.A class Pekanbaru.The purpose of this dissertation, namely: First, the Riau Provincial Narcotics Bureau to combat drug drivers to determine in prison II.A Class Pekanbaru, second, to cause the major drug trafficking trapped in prisons II.A Class Pekanbaru, Third, to determine the function of Pekanbaru Penitentiary II.A class in the field of guidance of prisoners related to narcotics in prison PekanbaruII.Aclass. This type of research is used in writing this law is a legal research sosilogis. By using juridical research sociological (empirical jurisprudence research) to find empirical studies of theories about the process and about the functioning of the law in society.The research has three key conclusions. First of all, the role of the National Narcotics Bureau of the Province of Riau in the fight against drug traffickers in prisons II.A Class Pekanbaru is to make everything work in order to profess narcotics in prisons II.A Class Pekanbaru insurmountable. Second, Causes Circulation of Narcotics in Prisons II.A Class Pekanbaru caused by three factors, namely the economic factors, failure factors, Factor dependence. Third, Judicial Institutions In the field of coaching, a block of rehabilitation has been opened for prisoners who tested positively on drugs. Saran author, First, to monitor the Riau BNNP drug problem again in prisons. Secondly, the prison security system needs to be fixed again. Third party prisons should be more active in performing the rehabilitation block.Keywords: Penitentiary-Circulation-Narcotics-BNNP Riau
TINJAUAN YURIDIS PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA MASA LALU MELALUI REKONSILIASI Rian Adelima Sibarani; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Indonesia is a legal state that is obliged to give awards and guarantee protection against human rights issues. Various human rights violations since the old order still have not got legal certainty, gross human rights violations also almost always involve the state apparatus, either actively or passively. The victims experienced various acts of violence: physical, mental, until the loss of life. Whereas, the most responsible party to protect and maintain the fulfillment of human rights every individual or citizen is the state through the state apparatus / tool.To prosecute gross human rights violations established by the Human Rights Court within the General Courts. To implement it, Law Number 26 Year 2000 on Human Rights Court was established. Article 4 states that the Human Rights Court has the duty and authority to examine and decide cases of gross human rights violations.The difficulty of working through the formal legal process to deal with past human rights crimes, as mentioned above, is a strong impetus for the need for alternative settlement mechanisms, commonly known as the "Truth and Reconciliation Commission (TRC)". The task of the Truth Commission is to seek, find, and present facts about a past event with all its consequences; Consider and place the justice of victims and perpetrators as a working principle; Should not be unfair and unjust to the perpetrators; And finally all findings must be stated in a fair, fair, honest and transparent manner; And not manipulative.According to the author, the Truth and Reconciliation Commission is still very appropriate to be implemented. Although the Constitutional Court has annulled Law No. 27 of 2004 on the Truth and Reconciliation Commission as a whole, it does not mean that reconciliation can not be used..Keywords: Responsibility - Reconciliation - Past Human Rights Violations
PENEGAKAN HUKUM TINDAK PIDANA LINGKUNGAN PEMBAKARAN HUTAN DAN LAHAN TERHADAP KORPORASI OLEHKEPOLISIAN DAERAH RIAU RIAU Ryan Richardo; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Forest fires in Indonesia can not be separated from the poor pattern of land and forest policy in the country. Regular forest fires for a decade are not solely due to changes in ecological links. However, it is influenced by the deliberate element of large-scale plantation business actors in land clearing. Including also the negligence of industrial business actors, and the process of uncontrolled permission to control the territory. This shows that the monitoring and prevention of forest and land fires in Riau province is still very weak. More than 300 fire points in Riau this year are within HTI concession areas and plantations. It shows, the process of issuing permits for the plantation of the government is based on studies that memadai.Sebagai form of responsibility, the government should immediately revoke the operating license in points concessions experiencing the fire. The case of forest and land fires in Riau Province involving corporations that can provide great impact on social life, it should be obliged also to respect the fundamental values of our society which is determined by the criminal law.Based on the description above, the authors take the title of thesis that is "Enforcement of Environmental Criminal Law by Corporations in Riau Province Police Territory". As for the principal problems discussed in this study is the first How Law Enforcement against Crime Environmental Combustion of forest and land to the corporation by the Riau Police, Second Any obstacle in Law Enforcement terhadapTindak Criminal Environmental Combustion of forest and land to the corporation by Riau Police.As for the population and sample in this research is Kasubdit. IV. Ditreskrimsu Polda Riau, Investigator Dikrimsus Polda Riau, Director Jikalahari, The method used in this research is qualitative method. views of its kind research was conducted using normative law research, while nature is descriptive, considering the number of population is relatively small, then the entire population as respondents by census From the discussion Enforcement in Crime Environmental Combustion of forest and land to the Corporation by Police Riau as one of the efforts to combat the criminal acts Burning forest and Land of the Corporation based on the existing law, which, as a result of the burning of forest and land can cause much harm either to the government, the forest along with the environment and the ecosystem, the community of all life Which began to rare both the flora and fauna, law enforcement against forest and land burning experienced various obstacles. It is caused by several factors: the juridical constraints, geographical factors, the Fund Limitations In the Process of Law Enforcement, Lack of Facilities and Infrastructure Law Enforcement, Weak coordination among law enforcement, Factor seriousness, awareness and assertiveness competent officer.Keywords: Law Enforcement, Environmental Crime, Corporations, Riau Police
Penerapan Sanksi Terhadap Pemilik Warung Remang-Remang Berdasarkan Peraturan Daerah Kabupaten Kuantan Singingi Nomor 14 Tahun 2010 Tentang Perubahan Atas Peraturan Daerah Kabupaten Kuantan Singingi Nomor 20 Tahun 2002 Tentang Penyakit Masyarakat Oleh Pemerintah Kabupaten Kuantan Singingi Erianda, Septi Audia; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Disease Society is the behavior of community members who are not in accordance with the values and social norms that can cause unrest and unrest in society. Dimly lit stalls is one of societys ills are prevalent among the public, such as in Kuantan Singingi. Dimly lit stalls are stalls were deserted place that has dim lighting, is open at night and usually sell liquor, drugs, and sex. Penalties are given to the owner of dimly lit stalls that provide infrastructure disease in a community governed Singingi Kuantan District Regulation No. 14 Year 2010 on Amendment Singingi Kuantan District Regulation No. 20 Year 2002 on Disease Society.This research included sociological research, in this case the researchers immediately conduct investigation in complete and clear about the issues examined. The study was conducted by means of interviews with law enforcement officials Kuantan Singingi and conducted interviews to shopkeepers dim. In conducting this study, researchers wanted to see how the application of sanctions against the shop owner dimly lit by District Regulation Kuantan Singingi No. 14 Year 2010 on the Amendment of Regional Regulation No. 20 of 2002 on Diseases Society of Government Kuantan Singingi, whether the factors inhibiting the implementation of sanctions against shop owner dimly lit by District Regulation Kuantan Singingi No. 14 Year 2010 on Amendment District Regulation Kuantan Singingi No. 20 Year 2002 on Diseases Society by Government Kuantan Singingi and how the Governments efforts in addressing the dimly lit stalls in the Regency Kuantan Singingi.The results of this study are, first, that the imposition of sanctions against the owners dimly lit stalls are not based on existing regulations, both are factors inhibiting the implementation of sanctions, namely a lack of funds, lack of human resources owned and the lack of legal institutions, and the third is the governments attempt to handle dimly lit stalls in the district of Kuantan Singingi are conducting raids and patrols, socializing, give a reprimand or a warning and make a statement.Keywords: Implementation – Sanctions - Disease Society
ANALISIS YURIDIS PENGATURAN JANGKA WAKTU PELIMPAHAN BERKAS PERKARA DARI PENYIDIK KEPADA PENUNTUT UMUM DIKAITKAN DENGAN PENETAPAN STATUS TERSANGKA BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Markus, Freddy; Indra, Mexsasai; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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When initiating the investigation process, the investigator must immediately fulfill the two evidences set out in Article 184 of the Criminal Procedure Code and establish the suspect in a crime and complete the file to be immediately delegated to the prosecutor. For suspects detained investigators have a time limit to settle the case while for suspects who are not detained investigators have no time limit to complete the case and may be constrained or lasted for years. This is of course detrimental to the right of the suspect to be immediately examined in court and obtain legal certainty regarding his status. The purpose of writing this thesis, namely: First, to determine the time period of determination of suspect status by the investigator. Second, to know the ideal period of time for the determination of suspect status.The type of research used is a normative legal research or can be called also the research of doctrinal law, normative legal research is a literature law research. Sources of data in this normative legal research is the data or material law of primary, secondary, and tertiary. The author in preparing and analyzing all the data and materials obtained in this study, conducted qualitatively. From the results of research problems there are two main things that can be concluded. First, the timing of the determination of suspect status by the investigator has not been clearly and completely regulated. Secondly, according to the author of the ideal period of time regarding the determination of suspect status in the investigation process, especially for the suspect who is not detained that is 90 days in accordance with the provisions in Article 88 of the Draft Law on Criminal Procedure Code. Author's suggestion, Firstly, it is necessary to amend the current Criminal Procedure Code, specifically in Article 50, concerning the time limit of the investigation process. Secondly, the Government needs to enact the New Criminal Procedure Code which has been prepared especially in Article 88 which regulates the time period for investigation process for the non-detained suspect that is 90 days to protect the rights of the suspect.Keywords : Unification Period, Investigation, Suspect, Legal Certaint
PELAKSANAAN ASAS ITIKAD BAIK DALAM PERJANJIAN KERJASAMA USAHA XAFA GROUP KEBAB TURKI ALA FANDAWA DI KOTA PEKANBARU MALELA, GITA REGINA; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The cooperation agreement between the owner of capital and the manager of venture capital of Xafa Group Kebab Turki Ala Fandawa is a legally-made agreement to act as a law for the parties making it, in accordance with the principle of "pacta sunt servanda" agreement law. In the present development, the principle of pakta sunt servanda is based on the principle of good faith. Thus, the cooperation agreement between the owner of capital and the manager of venture capital of Xafa Group Kebab Turki Ala Fandawa must also be carried out in good faith as set forth in Article 1338 Paragraph (3) of the Civil Code which states that: "An agreement must be executed in good faith". The purpose of writing this thesis, namely: First, find out whether the implementation of cooperation agreements Xafa Group Kebab Turki Ala Fandawa has been implemented in accordance with the principle of good faith. Secondly, to know the problems and constraints that occurred during the implementation of the cooperation agreement of Xafa Group Kebab Turki Ala Fandawa business in Pekanbaru city.This type of research can be classified in the type of juridical empirical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problems studied. The research was conducted at the House of Production Xafa Group Kebab Turki Ala Fandawa. The nature of descriptive research with primary data sources, secondary data and tertiary data, while the population and sample are the parties in the cooperation agreement examined in this study. Data collection techniques are interviews and literature review.From the results of research problems there are two main things that can be concluded. First, the implementation of the cooperation agreement of Xafa Group Kebab Turki Ala Fandawa business is not in accordance with the principle of good faith. Because the business capital manager has violated the contents of the agreement on the term of the agreement and decides in advance the cooperation agreement without any deliberation between the parties. The Manager in this case has violated Article 8 Paragraph (1) cooperation agreement and Article 1338 Paragraph (3) Civil Code. Second, the constraining factors encountered in the implementation of the business cooperation agreement are: rare communication between the parties and sales revenue that often do not reach the target. Authors' suggestion: firstly, the parties should be open and explain the relevant information in the agreement and be expected to understand the contents of the agreed agreement so that no party will be harmed. Secondly, it is necessary to have good communication between the parties because the cooperation will not run smoothly without any communication and good faith from the parties because the cooperation agreement is not only to gain profit for one party but for all related parties.Keywords : Agreement-Cooperation-Good faith
PERANAN BEA DAN CUKAI DALAM MENANGGULANGI PEREDARAN BARANG ELEKTRONIK ILEGAL BERDASARKAN UNDANG –UNDANG NOMOR 17 TAHUN 2006 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 10 TAHUN 1995 TENTANG KEPABEANAN DI PEKANBARU Yudha Kurniawan; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Community needs at this time always menigkat, one of the needs of electronic goods. The high level of demand for electronic goods has a negative impact, such as the criminal smuggling of illegal imported electronic goods. The criminal act of smuggling of imported electronic goods often occurs in the ports of rats that always escape from the supervision of Customs and Excise. Therefore, it is necessary to have an ideal role of Customs and Excise in handling criminal acts of smuggling of illegally imported electronic goods. The purpose of this thesis is to know the role of Customs and Excise in handling the criminal acts of smuggling of illegal imported electronic goods and to know what barriers experienced by Customs and Excise in handling criminal acts smuggling of illegal imported electronic goods in Pekanbaru City. This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct 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 jurisdiction of Pekanbaru city, whereas population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data, and tertiary data, data collecting technique in this research with interview And literature review. From the results of the research that the authors do can be concluded, First the role of Customs and Excise in handling criminal smuggling cases of illegal imported electronic goods is to take measures such as termination, inspection, prevention, and sealing and take the necessary action in the form of not serving the subscriber or the sign of repayment Other excise duties. The two obstacles of Customs and Excise in handling criminal cases of smuggling of illegal imported electronic goods are the area that is unreachable by the officers, the number of popping port of rat, the lack of public awareness about the importance of excise tax, the condition of domestic industry that has not been able to compete with foreign and less The ability of officers to master foreign languages, and less number of guard officers Keywords: Role-Crime-Smuggling-Electronic Merchandise Import

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