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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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KEKUATAN YURIDIS FAKTA PERSIDANGAN DALAMPENGAMBILAN PUTUSAN OLEH HAKIM (STUDI KASUS PERKARA PIDANA NOMOR 1532/PID.B/2009/PN.JKT.SEL ATAS NAMATERDAKWAANTASARI AZHAR) Denu Pahlawardi; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The factthe trialisthe factthatemerges fromthe evidence andthe evidenceshownat trial. Considerationdroppingadecisionmust bebased onthe factthatthe trialis constructedintoaseries offact that there wasacriminal offense. Legally, the factsarebasicconsiderationsforthe trialjudgein making the decision. theSouthJakarta District Courton behalf ofdefendantNo.1532/Pid.B/2009/PN.Jkt.SelAzhar, thatthe judgesdo notemploy the use ofthe factsthatemergedfromthe trialevidenceandlegalevidenceandfiledin the trialas the basisconsiderationbydeciding the case.Key words: Kekuatan Yuridis –FaktaPersidangan – Putusan Hakim
PERANAN UNIT RESERSE KRIMINAL DALAM MENGUNGKAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR BUKIT RAYA Silaban, Lamtiar; Lestari, Rika; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The increasing amount of crime that happens, especially the crime of theft by weighting in the jurisdiction of the Police Sector Bukit Raya, padatahun 2011-2012, has caused unrest in the society. Though the police as law enforcement agencies in carrying out their duties remain subject to and comply with the duties and authority as stipulated in Law No. 2 of 2002 on the Police to maintain security and public order, enforce the law and provide protection, guidance, and service to the community. In this case the role of the Criminal Investigation Unit had not been optimal. This is because there are still many obstacles faced by the Criminal Investigation Unit.This type of research is empirical 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.From the research, there are three main problems that can be inferred. The first role of the Police Criminal Investigation Unit investigators Bukit Raya sector in exposing the crime of theft by weighting has not run optimally, this is because there are some in practice. The second obstacle faced by the Criminal Investigation Unit of the Police Sector Bukit Raya in exposing the crime of theft by weighting, is as follows, the first factor means and inadequate infrastructures, both public factors, the absence of a third suspect or the difficulty of disclosure of evidence the crime of theft by weighting has been undermined because he suspects fled the scene as well. Third Efforts are being made to overcome the barriers faced by the Criminal Investigation Unit of the Police Sector Bukit Raya in exposing the crime of theft by weighting is as follows, look for alternative facilities and infrastructure are inadequate, entered into a collaboration with the community through legal counseling, manufacture and conduct patrolling post patrols in crime-prone areas, as well as publishes wanted list. Advice Author, First, The Role of the Criminal Investigation Unit of the Police Sector Bukit Raya in uncovering criminal acts, especially the crime of theft by weighting, should be further enhanced, the Second, To the government, particularly the Indonesian National Police investigation budget to increase the number of facilities and infrastructure required by Sector Police Criminal Investigation Unit Bukit Raya, Third, need to improve public awareness of the law.
PERANAN KEPOLISIAN DAERAH RIAU DALAM MELAKUKAN PENYIDIKAN KASUS TINDAK PIDANA YANG DILAKUKAN OLEH ANAK DIBAWAH UMUR Tua, Jhon; A, Syaifullah Yophi; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Child protection in criminal law is very important, because children in the criminal law can be imposed on him, which can be penal sanctions or actions, which may affect mental development and soul, which can not be applied if or not achieving the target as a means to improve psychologist child. Children can be the subject of a criminal act caused by several factors, economic factors, environmental, community, family and educational background of both public schools and parents, and the application of religion in the family based on the data obtained by the authors of the children who committed the crime particularly sexual abuse is known that in 2011-2012 there were 21 children who committed the crime pencabulan.Tujuan Principal peneltian To determine the role of Riau police in investigating criminal cases are in children under lalukan by suspects under age And To determine the barriers facing regional police Riau in the investigation, to determine measures to be taken by the Riau Police in overcoming obstacles faced in conducting investigations in criminal cases which intervenes by suspected underage children. Terms of the method used, this study can be classified into types yuridisi sosilogis other research, because in this study the authors directly conduct research on location. This study conducted in Riau Police, sources of data used are secondary data, primary and tertiary techniques while collecting data through observation, interviews and study kepustaka. The collected data was then analyzed using the method of deductive qualitative analyzes of the problems of a general nature then specifically drawn to the conclusion based on existing theory. From the research, there are three main things that can be inferred. First Riau police role in investigating criminal cases committed minor First Implementation of an investigation into criminal offenses committed by minors in Riau Police have not run in accordance with the Criminal Procedure Code and Law No. 3 Year 1997 on Juvenile Justice, as in the execution there are still some obstacles Both barriers ditemi Riau police in investigating criminal cases minors ie, the difficulty of communication to the players, the difficulty of finding evidence and the absence of specific prisoners anak.Ketiga efforts made Riau police in overcoming obstacles encountered in carrying out the investigation of the criminal cases minors ie, calling a child psychologist, conducted the post mortem on the victim and submit a budget for the construction of juvenile detention.Keywords: Role – Investigation – Crime – Childrenunder
ANALISIS HUKUM PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA Ahmad Hadi Ikhrom; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Normatively, minor theft under Article 364 Book of the Criminal Justice Act, has become a key element of assessment standards to be qualified to the crime, ie, if the price of the goods stolen is not more than two hundred and fifty dollars. However, sociologically, the application of the article applied to the perpetrators of the theft to the value of the stolen goods prices more than two hundred and fifty dollars to be based on Supreme Court Regulation No. 2 of 2012.The purpose of writing this thesis, namely: First, to know the concept of minor criminal offenses before and after the Supreme Court Regulation No. 2 of 2012. Secondly, to determine the legal issues after the enactment of the Supreme Court Regulation No. 2 of 2012.From the research, it can be concluded two main things. First, the concept of minor criminal offenses before and after the Supreme Court Regulation No. 2 of 2012 has differences and similarities within the scope of substantive criminal law and criminal law formal. Equations within the scope of substantive criminal law is related to the threat of imprisonment to perpetrators and absence of protection to victims of crime a misdemeanor. While the equations within the scope of formal criminal law is procedural law is the law used by the event quick check shows. Differences in the scope of the substantive criminal law is not entirely change the provisions regarding misdemeanor. While the differences in the scope of the formal criminal law is subject to arrest offenders if the value of the goods or money is the object of the case more than Rp. 250, -. After the enactment of the Supreme Court, offenders subject to arrest if the value of the goods or money is the object of the case more than Rp. 2.500.000, -. Second, the legal issues after the enactment of the Supreme Court is still a violation of human rights because of the persistence of the detention of minor criminals, without exception to the prosecutor's indictment then the case will still be processed, checked by regular inspection and the case is not considered as a follow-criminal misdemeanor, and lack of socialization to the public prosecutor so as not to indict the Supreme Court according to Regulation (wrong in making the accusation).Keywords: Supreme Court Rules-Theft Light
PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP (STUDI KASUS PENANGKAPAN TERORIS OLEH DETASEMEN KHUSUS 88) Lena Agustina; Maria Maya Lestari
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Performance Detachment 88 combat terrorism lately getting serious attention. Detachment 88 is often indiscriminate action in arresting suspects with terrorism caramelakukan wrongful acts, violent to cause death in which terrorism suspects are still possibilities were not necessarily acts of terrorism. Although terrorism is a form of international crime that is very frightening dimension of the international community and the criminal acts of terrorism can not be justified and inhumane, but the arrest of perpetrators of terrorist acts must also consider that their human rights have been stipulated in the criminal law. The purpose of this thesis research namely; First, the legal protection for victims of wrongful arrests by law in Inodnesia, Second, arrest procedures terrorism cases by Special Detachment 88, Third, weakness Law No. 15 Year 2003 on Eradication of Terrorism.This type of research can be classified in this type of research in which normative legal research this study the authors focus on legal research which examines the legal principles. This study is descriptive, ie a study that aims to create a picture or study in a systematic, timely and accurate based on real facts and to analyze the relationship between the laws and regulations that exist. The purpose of this study found a clear legal basis in putting this issue in the perspective of a special criminal law relating to the protection of victims of wrongful arrests by Detachment 88 in a criminal act of terrorism in Indonesia.From the research, there are three main problems that can be inferred. First, the legal protection for victims of wrongful arrests in Indonesia, namely the presence of the District Court the authority to conduct pretrial, to give; compensation and rehabilitation for someone that case had to be stopped at the second level of investigation, arrest procedures against terrorism suspects in Indonesia consists of: Investigations that can not be separated from the report or complaint, investigation starts from the results of previous investigations where there is preliminary evidence is strong enough, Arrest investigator to the arrest of any person suspected of terrorism is not based on sufficient evidence, detention, for the purpose of investigation is authorized to make arrests. Third, the Policy Act of terrorism must comply with prpsedural mechanism. Advice Author, First, the Act Anti-Terrorism should be immediately amended. Second, the Law Terrorism should consider the principles of sentencing in policy formulation pidanyanya sanctions. Thirdly, It should be in the legislation should also contain strict sanctions for officers of Detachment 88.
PERANAN PEMOLISIAN MASYARAKAT TERHADAP PEMBINAAN SISTEM KEAMANAN LINGKUNGAN DALAM PENCEGAHAN DAN PENANGGULANGAN TINDAK PIDANA KEJAHATAN DI WILAYAH POLISI SEKTOR RUMBAI PESISIR Firman Tambunan; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

According to experts, crime is all of human behavior that contrary to law, beconvicted, which is set in the criminal law. Crimes committed in the District ofRumbai Pesisir increased. The crimes included defamation, assault, two-wheeledmotor vehicle theft, larceny, theft with violence and others. However, the minimumnumbers of members of the Police Sector of Rumbai Pesisir cause low performanceof police in dealing with a criminal offense that occurred. Therefore it needs anactive role in prevention and mitigation of crimes. This is manifest in the PoliceRegulation No. 7 of 2008 on Community Policing. As a strategy which is a model ofpolicing that emphasizes on equal partnership between the police and localcommunities, to overcome any problems that threaten the security and orderliness,are called the Police Community Partnership Forum (FKPM). The purposes of thisthesis are: First, to determine the effectiveness of the Role of Community Policing indeveloping of Security System in the Prevention and Control of EnvironmentalCrimes in Police Jurisdiction of Rumbai Pesisir Sector. Second, to determine the roleof Community Policing Efforts toward the Development of Environmental SecuritySystem Crime Prevention and Criminal Jurisdiction Police Sector in Rumbai Pesisircould run with the maximum.Type of the research is the study of empirical sociological or juridical.Location of the study is Police Sector of Rumbai Pesisir. Sources of data were theprimary data and secondary data consisting of primary legal materials, secondaryand tertiary, while the techniques of data collection are interviews / interviews andreview of literature. After collecting the data, the writer analyzed qualitatively byusing the deductive method by analyzing the problems of a general nature and thenspecifically drawn to the conclusion based on existing theories.From the research problem, there are two things that can be inferred, First,The Role of the Community Policing Development Environment Security System inPrevention of Crimes in Police Jurisdiction Rumbai Pesisir Sector by coordinatingand socialize the application of community policing. Second, the roles of CommunityPolicing Efforts toward the Development of Environmental Security System CrimePrevention and Criminal Jurisdiction Police Sector in Rumbai Pesisir by attemptingto coordinate well, trying to improve the professionalism, asking for people’s activeparticipation, propose improvements and facilities to socialize. The writer advices,first, improves the implementation of community policing, increasing the intensity ofsocialization and counseling to FKPM and society. Second, actualize the goodcoordination, increase professionalism in the implementation of community policingactivities.Keywords : Roles - Community Policing - Security - Crime
KEDUDUKAN LAPORAN KETERANGAN PERTANGGUNGJAWABAN KEPALA DAERAH KEPADA DEWAN PERWAKILAN RAKYAT DAERAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH WAHYU ADHA RAHMANSYAH; Ikhsan '; Dodi Haryono
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Results reveal that the position of Regional Head Report on the regional administration is a duty officer who delivered Parliament in each year and end tenure with a particular mechanism. While the function Report on the Regional Head as a benchmark to determine the success or failure of the Regional Head in carrying out its duties during a certain period, and increased efficiency, effectiveness, productivity and accountability by monitoring the implementation of the Local Government Council. Nevertheless, the obligation Report on the Regional Head does not have legal consequences against the dismissal of the Head of Region as contained in Law No. 32 Year 2004 on Regional Government. Constraints associated judicial accountability report. Regional Head of the Parliament by Law Number 32 Year 2004 regarding Regional Head ie the absence of strict sanctions against the delay in the implementation of the accountability report, there is no clear legal consequences of the poor performance achievement in the Regional Head accountability report, and the lack of accountability and transparency mechanisms for the accountability report society.Keyword : Position, Funtion and Acoubntability of regional heads.
TINJAUAN YURIDIS PENERTIBAN PEDAGANG KAKI LIMA BERDASARKAN PERATURAN DAERAH NOMOR 11 TAHUN 2001 OLEH PEMERINTAH KOTA PEKANBARU TAHUN 2013 Saddami, Arika; Haryono, Dodi; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Street Vendors are business people who are doing business trade by means of movable or immovable, using urban infrastructure, social facilities, public facilities, land and buildings owned by the government and / or private temporary / not permanent. The presence of street vendors who occupy the fringes of town on the coastal road and in the coastal market is very disturbing traffic order, interference with pedestrian infrastructure, and congestion in the city of Pekanbaru. So the government made curbing street vendors in order to create a safe and clean environment. The purpose of this thesis, namely; First, hawkers Control Based on Regional Regulation No. 11 Year 2001 By the City of Pekanbaru In 2013, the Second, Obstacles encountered in Street Vendors Under Control Regional Regulation No. 11 Year 2001 By the City of Pekanbaru In 2013, the Third, efforts were made to overcoming Barriers in the Control of Street Vendors Based Regional Regulation No. 11 Year 2001 By Pekanbaru City Government in 2013.Keywords: Control - Street Vendors down- Town of Pekanbaru
PERANAN KEPOLISIAN TERHADAP PELANGGARAN PENGGUNAAN JALAN UMUM UNTUK KEPENTINGAN PELAKSANAAN PESTA DIWILAYAH HUKUM KOTA PEKANBARU Basri, Hasan; R, Mukhlis; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The use of the facilities or the road to self-interest must have a permit issued by the Police as a party is given the authority to issue licenses for the use of road traffic other than as stipulated in the Indonesian Police Chief Regulation No. 10 Year 2012 About Setting Traffic In Certain Circumstances in addition to the use of the Road Traffic events , people can use the highway to conduct an activity to the extent they have to get permission from the police . The purpose of writing this paper , First , The Role of the Police in granting permission for the use of public roads in the region law enforcement party Pekanbaru city ? Secondly, the effectiveness of the application of sanctions against violations of the use of public roads for the implementation of the party in reducing the occurrence of acts of violation of law in the region use public roads Pekanbaru city?This type of research is conducted legal research Sociological , while the population and sample an entire party is related to the problem under study , which used data sources , primary data , secondary data , and the data tertiary , data collection techniques in this study with interviews , questionnaires and literature study From the research, there are two main things that can be concluded . First , that the role of the Police in granting permission to use the road for the implementation of the party consists of granting or rejection , as well as disseminating regulatory Chief of Police of Indonesia Number 10 Year 2012 Second, the effectiveness of the application of sanctions against violations of the use of public roads for the implementation of the party had not been effective . advice authors , first , expected to police in giving permission should really factor memperhtikan road to be used for a party , and to always socialize again to the public about the regulations permit the use of the road . Second , are expected to police to take action against violations of the use of the road for the sake of the party.Keywords : Role - Against Police Abuse - Use Path - party interests
PENGAWASAN PENJUALAN OBAT KERAS OLEH BADAN PENGAWAS OBAT DAN MAKANAN PEKANBARU BERDASARKAN UNDANG UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Deo Andika Putra S; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Health is the most important thing needed by the human body. Efforts to improve the quality of life in the health sector is a business that is very extensive and thorough, these efforts include increasing public health both physical and non-physical in accordance with Law No. 36 Year 2009 on Health. Sales of the drug is essentially a very helpful community in curing the disease, because it facilitates the provision of drugs to facilitate the healing of illnesses suffered by someone either drug -free or drug sold by prescription given. However, drug sellers often sell drugs not in accordance with the applicable rules. For example, in memjual hard drugs on a person without a doctor's prescription and do not know the purpose of the use of hard drugs. Sales of these drugs can essentially harm the public because of indiscriminate use of hard drugs can pose a danger to people's self -defeating, because hard drugs are drugs in the purchase must be accompanied by a doctor's prescription Although there has been a rule that is sufficiently severe sanction the sale of hard drugs but still occurs in everyday life, of course it is devastating for the community.Keywords: Supervision, Sale Of Hard Drugs, Health

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