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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PELAKSANAAN PENEGAKAN HUKUM DESERSI DI LINGKUNGAN TENTARA NASIONAL INDONESIA OLEH POLISI MILITER (STUDI KASUS DI DETASEMEN POLISI MILITER I/3 PEKANBARU). Silitonga, Frans Bragent; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abstract

Criminal acts can occur anywhere and at any time, including in the Indonesian National Army or what we often call with the TNI. TNI built and developed with soul disciplined and obedient to the command of the military as a tool based on the interests of the state in the field of defense and duties, not escape from an act in violation of the law, especially a military offense. One military offense that often occur in the military environment is a criminal offense of desertion. Criminal offense of desertion is a serious concern among military and law enforcement, especially the Military Police. In this case the role of the Military Police as law enforcement course is expected to run for the sake of justice in society, especially among militaryWith the above description, the authors are interested in doing research with the title Implementation of Environmental Law Enforcement National Army Indonesia Desertion By Military Police (Case Studies in Military Police Detachment I/3 Pekanbaru). This thesis aims as follows, namely to investigate, to find out the constraints faced, the latter aims to determine the effort in overcoming barriers to the implementation of law enforcement desertion in the Indonesian National Army Military Police in Regional law Military Police Detachment I/3 Pekanbaru.In writing this, the author uses empirical approach or sociological research. The location of research is in the area of Law Military Police Detachment I/3 Pekanbaru. Data sources supported by the data source of primary, secondary and tertiary. While data collection techniques are interviews / interview and review of data using deductive method is to analyze the problems of a general nature and then drawn to a conclusion in particular based on existing theory.The results of the discussions in this paper is, first, that the enforcement of environmental law in the military desertion conducted by the Military Police not running optimally. Second, the barriers faced by military police, among others, is a habit or culture of the military itself, the problem of infrastructure, and lack of law enforcement personnel.. Third, prevention efforts undertaken by the Military Police is, law enforcement professionals and high integrity, to cooperate with the community and civil law enforcement officials, conduct legal counseling, adequate facilities and infrastructure.Keywords: implementation, enforcement, desertion, military police
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PHEDOFILIA DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Tri Novita Sari Manihuruk; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Phedofilia is acts of infringement of the rights of children are classified as vile and evil. Increased Phedofilia criminal act in Indonesia, especially in Pekanbaru become a serious problem currently faced. Therefore Phedofilia should be addressed in a rational way. One rational efforts is with law enforcement policies. The purpose of this study are to know the law enforcement against criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resort, to know the police barriers in law enforcement against criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resort, and to know the efforts made of Police to overcome obstacles in law enforcement against criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resort. This type of research is a juridical sociological research, the data sources used, the primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study. Law enforcement against criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resort not running optimally because of the presence of obstacles, obstacles encountered in law enforcement against criminal acts of Phedofilia in jurisdiction of Police Pekanbaru City resort is in the form of internal factors and external factors, efforts to overcome this barrier is increasing the number of personnel investigator PPA and increase knowledge of investigator in understanding the psychology of the child. And formed cooperation between the police and the school psychologist incredible, take the autopsy report as evidence and search and publish wanted list (DPO).Keywords : Law Enforcement - Criminal Act - Phedofilia
PELAKSANAAN PENYIDIKAN TINDAK PIDANA PEMALSUAN SURAT TANAH DI WILAYAH HUKUM POLISI RESOR KOTA PEKANBARU Lubis, Yohanna Elisabet
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Land rights based on the evidence of registration of land through land registration emergence soil letter is proof of land ownership . But today a lot going on forgery land made intentionally ( dolus ) to seize the property of others . However, the police play an important role in the crime of forgery of land , and therefore required the implementation of the investigation of criminal offenses of forgery of land in the resort city of Pekanbaru Police Law . The purpose of this thesis , namely : first , the implementation of the investigation of criminal offenses of forgery of land within the jurisdiction of Police Resort Pekanbaru City ; second , the obstacles in the implementation of criminal investigation of forgery of land within the jurisdiction of Police Resort Pekanbaru City ; Third , efforts are being made to overcome the obstacles in the implementation of criminal investigation of forgery of land within the jurisdiction of Police Resort Pekanbaru .This type of research is classified into types of juridical sociological research . Because in this study the authors directly conduct research on the location or place under study in order to give a complete and clear picture of the problem under study , the study was conducted in Pekanbaru City Police Resort . The data used is primary data , secondary data and data tertiary , data collection techniques using interviews and literature study .From the results of research and discussion, it can be concluded that the First , the implementation of the investigation of criminal offenses within the jurisdiction of Police Resort Pekanbaru not function as it should ; Second , obstacles in the implementation of criminal investigation of forgery of land within the jurisdiction of Police resort Pekanbaru is the presence of internal factors : the limited police personnel , lack of facilities , lack of traction on the police in handling criminal cases of forgery of land and external factors : the difficulty in find a letter comparison , and difficulty in calling witnesses ; Third , the efforts made to overcome obstacles in the implementation of the investigation of criminal offenses of forgery of land is on internal factors , namely the addition of personnel Pekanbaru City Police investigators , the addition of patrol cars and vehicles belonging to Pekanbaru City Police , the renewal of the things that are inventory and property for the execution of police duties , and the efforts of the external factors the coordination of the National Land Agency Pekanbaru to obtain a comparison of land documents , for witnesses who have died police call heir , and witnesses in pekanbaru bedomisi not to call the police and visited the residence of witnesses . Advice , implementation activities Pekanbaru Police investigation further enhanced ; party Pekanbaru City Police and the National Land Agency Pekanbaru to coordinate higher again ; types of land documents should be reduced to facilitate the implementation of the investigation of criminal offenses of forgery of land .Keywords : Investigation - Police - Crime - Counterfeiting Land Securities .
PERANAN JAKSA PENUNTUT UMUM DALAM PENYELESAIAN PERKARA MONEY LAUNDERING PADA KASUS NOMOR 646/PIDANA/B/2013/PENGADILAN NEGERI PEKANBARU Ariati, Nova; Effendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Based on watchfulness result and discussion, money loundering in case Nomor 646/Pidana/B/2013/Pengadilan Negeri Pekanbaru, from facts revealed at conference have been known that any element in third accusation more subsidair fulfilled, break section 3 law Nomor 8 year 2010, paragraph 372 KUHP and paragraph 378 KUHP. In case apply elements decision Nomor 646/Pidana/B/2013/Pengadilan Negeri Pekanbaru, judge of district court Pekanbaru appropriate apply elements in third accusation more subsidair from public prosecutor, the elements:a. Everyoneb. Get or dominate location, transfer, payment, gift, contribution, entrusted, exchange or use wealth treasure detect it or fitting detectt it be doing an injustice result.c. As one who does, order to do or join in to dod. Several deeds connecteds, so that thereby must be looked at as one deed sustaiined.Base judge deliberation in drop criminal in case Nomor 646/Pidana/B/2013/Pengadilan Negeri Pekanbaru, in drop criminal decision,considering base fallen down thecriminal, that is with base in valid proof tools, proved at conference that cover witnesses explanation, proof goods, and explanation defendants delf.Towards valid proof tools that subbimeted in conference, and reviewed from conformity between proof tools one by means of ohter proof, with consodering verification value each proof. All juridical fact rvealed at conference appropriate and proved the true fulfil elements in third accusation more subsidair.Keywords : Role-Prosecutor – Money Loundering
PERANAN DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU DALAM PENEGAKAN HUKUM TERHADAP PASAL 17 AYAT (2) HURUF B UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Yakub Frans Sihombing; Erdianto Effendi; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Indonesia is a rich country. Riau Province is one of the areas that have natural resources and non-biological abundant, and the forest is one of the riches contained in it. The extent of forest area in the province is directly proportional to the number of forestry crime happened. One of the criminal act occurred, ie forestry plantation activities without permission minister in forest areas under Article 17 Paragraph (2) Letter B Act No. 18 of 2013 concerning the Prevention and Combating Deforestation and criminal sanctions provided for in Article 92 Paragraph (1). Throughout 2014 there has been a 5 cases of this criminal act. Ditreskrimsus Police in Riau as one of the law enforcement agency should be able to run perananya properly and optimally so as to suppress and reduce the occurrence of such crime. The purpose of this thesis are: First, What is the role Ditreskrimsus Riau Regional Police in enforcement of Article 17 Paragraph (2) Letter b Law No. 18 Year 2013. Secondly, Is Ditreskrimsus barriers Riau Regional Police in enforcement of Article 17 Paragraph (2) Letter b Law No. 18 Year 2013. Third, How are Ditreskrimsus Police in Riau in overcoming barriers to enforcement of Article 17 Paragraph (2) Letter b Law No. 18 Year 2013 concerning the Prevention and Eradication of forest destruction.The research results can be concluded first, Role conducted by Ditreskrimsus Riau Regional Police in law enforcement against criminal acts plantation activities without permission minister in the forest in Riau Province is by taking action preemptive, preventive, and repressive. Second, obstacles encountered in implementing the law enforcement include: financial barriers (financial), lack of facilities and infrastructure barriers, lack of human resources law enforcement officials, community barriers and factors territory. Third, efforts made by Ditreskrimsus Police in Riau to overcome obstacles in law enforcement is to propose the addition of operating costs, cooperation and coordination with other relevant agencies, improve the delivery of public education about the forest and the applicable law and to reform internally.Keywords: Role-Enforcement-Plantation-Forest Area
ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 08 TAHUN 1981 TENTANG HUKUM ACARA PIDANA TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Faishal Taufiqurrahman; Mexsasai Indra; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Legal effort constitutes protected right by the law aimed to seek the truth and justice. Legal effort consist of the First Instance Court, Appeal, Supreme Court Appeal, and Cotemplation Review to the Supreme Court. By the existence of decision number 34/PUU-XI/2013 born phenomenon related to how the legal guarantee of the parties. Antasari Azhar’s caserelated to Contemplation Review to Supreme Court and Supreme Court decided to refuse that Comtemplation Review. The Supreme Court should be the final decision, but by the Contitutional Court’s decision ring about problem about the legal assurance on the Contemplation Review. The aims of this research are to seek the basic consideration of Constitutional Court in deciding the case number 34/PUU-XI/2013 and to seek the implication of the decision taken by the Constitutional Court to the principle of legal assurance and to seek the follow up of the decision number 34/PUU/XI/2013 to the Indonesian Judicature. Research used is also called normative or literature legal research. Because using the literature as a major cornerstone in conducting this research. The result of this research consist of, first: the basic consideration of Constitutional Court deciding lawsuit number 34/PUU-XI/2013 was based on sense of justice and human right. Second: implication of Constitutional Court number 34/PUU-XI/2013 to the legal assurance did not affect the void of the legal assurance as the court decision if had permanen legal power, it has legal assurance. Third: the follow up of the decision of Constitutional Court number 34/PUU-XI/2013 was that regulation formulation technically on the proposing the new proof (novum) and the space time of proposing legal effort of Contemplation Review must be made by a concrete regulation. Suggestions of the writer consist of, first: to the legislator should amend the articles existed in KUHAP which has been judicial review by Supreme Court. Second: to the legislator should make clear regulation in which kind of the new proof (novum) could be proposed to Contemplation Review more than one. Third: the proposal of Contemplation Review should be stated the limitation and space time given in order to create legal assurance, justice and usefull.Keywords : Juridical Analysis – Decision Constitutional Court - KUHAP
PERANAN KEPOLISIAN DALAM UPAYA PENEGAKAN DAN PEMBERANTASAN TINDAK PIDANA PENCURIAN HEWAN TERNAK DI POLRES ROKAN HULU Gondi Wibowo; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 1 (2014): Wisuda Februari 2014
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Rokan Hulu is a district carved out of Kampar, Rokan Hulu district labeled as A Thousand Suluk where Rokan Hulu society in general are the majority of farmers and livestock farmers have. Here the expected role of the police to the police more effective, because the police is a government agency in charge of maintaining public order and security, especially in combating the crime of theft of livestock due to the theft of livestock in Rokan Hulu is still rife that every year has increased. The first goal of this thesis, the role of the police in enforcement and eradication of cattle theft in Police Rokan Hulu. Second, the constraints faced by the police in enforcement and eradication of cattle theft in Police Rokan Hulu. Third, the efforts of the police in enforcement and eradication of cattle theft in Police Rokan Hulu. This type of research is research Sociological law, because in this study the authors directly conduct research at the location where studied in order to give a complete and clear picture related problems examined. This research was conducted at the police station Rokan Hulu. Population and sample is the whole party related to the problem under study, the data source used, primary data and secondary data, data collection techniques in this study done by interviews, questionnaires and review of the literature. The results of the deliberations of the study it can be concluded: First, the role of the police in enforcement and eradication of cattle theft in Rokan Hulu Police Preventive action: providing legal counseling, supervising and observing the stranger whose actions are suspicious and remind each other in neighborhoods around while the repressive actions: follow-up report of the public and the police strengthen the function of the investigation. Second, the constraints faced by police Police Rokan Hulu is the limited number of police personnel, community negligence, trace the perpetrators, lack of information. Third, the efforts made to overcome these obstacles is to coordinate with the relevant legal institutions, raising public awareness, conduct legal counseling. Suggestions writer, so the police over again maximize the expected performance of the police more often provide counseling and guidance to jump into the community so that people can participate actively involved in providing assistance to the police in conducting any law enforcement process.Keywords: Role of the Police-Crime-Theft-Livestock
PERAN ASEAN DALAM MEMBERANTAS TINDAK PIDANA TERORISME DI KAWASAN ASIA TENGGARA BERDASARKAN CONVENTION ON COUNTER TERRORISM Diana Dewi Setia Wati; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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South East Asia Regions are one of most region that have big potency. To keep harmonization in this region ASEAN has a rules to keep saffety in South East Asia Regions. But untill now the growwth of transnational crime especially terorism be a important issues because Indonesia, Malaysia, Singapore and Filiphina. So needed coordination between all of countries in South East Asia Region to counter on terorism.The problem of this research are how rule of ASEAN to counter on terorism in South East Asia Region based on Convetion of ASEAN on Counter Terorism and what the obstructed of ASEAN to counter on terorism in South East Asia Region based on Convetion of ASEAN on Counter Terorism.This reasearch use decriptions methodes or normative of law research, source of data from 3 data that: primer data, secunder data and tertier data, and technic collecting data with interview and library research after collect data then analize by qualitative to answer the research problem with deduktif analize.This research have a result that of ASEAN to counter on terorism in South East Asia Region based on Convetion of ASEAN on Counter Terorism are with make a dealing with the ASEAN Countries. Some of agreements are Asean regional Forum, Conference of Ministrial Meeting, ASEANAPOL, ASEAN Counter on Terorism with European Union and ASEAN + 3. In order the obstructed of ASEAN to counter on terorism in South East Asia Region are ASEAN principall that non interventions, ASEAN still focus in social and culture issues, conflict of politic domestic in ASEAN countries like Thailand, Myanmar and conflict between the state in ASEAN Region like Indonesia and Malaysia about the borderless cause.Keywords :Counter on Terorism – ASEAN – Rule
ANALISIS YURIDIS TERHADAP PERJANJIAN TERTUTUP YANG DILAKUKAN OLEH PT. PELABUHAN INDONESIA II (PERSERO) DI PELABUHAN TELUK BAYUR SUMATERA BARAT (STUDI KASUS TERHADAP PUTUSAN PERKARA NOMOR 02/KPPU-I/2013) Puspariti, Cesi; b, Maryati; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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An enclosed field of business law is the field of anti- monopoly and antitrust (competition). Law defines a monopoly as a mastery and or marketing of goods or the use of certain services by 1 businesses or one group of business actors. Thus , according to the legislation of the Anti- Monopoly with monopolistic practices are intended as a concentration of economic power by one or more businesses that resulted in control of the production and or marketing of goods and or services giving rise to an unhealthy competition and can harm the public interest . Based on the Commission 's decision No. 02 / KPPU - 01 / 2013 Teluk Bayur otherwise violate Article 15, Paragraph 2 of the Constitution of 1999 on Monopolistic Practices and Unfair Competition . Teluk Bayur decided violates the provisions of law for committing a closed agreement with the tenants in Teluk Bayur, which cause unfair competition among businesses that are unloading Teluk Bayur Ports , because they block the loading and unloading of other businesses.Keywords : tying agreement - PT. Pelabuhan Indonesia II (Persero) – Teluk Bayur Port - Putusan Perkara - Nomor 02/Kppu-1/2013
TANGGUNGJAWAB PERAWAT TERHADAP PASIEN DALAM PELIMPAHAN KEWENANGAN DOKTER KEPADA PERAWAT Gunawan Aineka; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Legally Indonesia has the legal regulation of health and professions related to health . Along with the development of more advanced medical world , the processes and mechanisms of health care also increased from various aspects . So that not a few who have problems or contrary to law . Based on these problems , the thesis is to formulate three formulation of the problem , namely : first , the responsibility of nurses to patients in the delegation of authority of doctors to nurses , second , the mechanism of transfer of authority of doctors to nurses , third , the extent to which medical action limits of delegated authority doctors to nursesThis type of research can be classified into types of juridical empirical research , because in this study the authors conducted research literature study and discussions with academic experts and field practitioners .data sources used , the primary data , secondary data and data tertiary , technical data collectors in this study with interviews , and literature.From the research, there are three main issues that can be inferred , the first responsibility of nurses to patients in the delegation of authority of doctors to nurses is on the giver command " Article 1365 Civil Code " . Second , the mechanism of transfer of authority of doctors to nurses in writing , third , limit the authority delegated medical acts doctors to nurses located on professional ethics , professional standards and the role and functions of each profession . Suggestions author , socialization government against statutory provisions and professional health should be better again , make the Indonesian people aware of their rights and obligations in health care and affirmative action against against any violation of the law.Keywords: responsibility, delegation, medic

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