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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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PENEGAKAN HUKUM TERHADAP PELAKU PENGANGKUTAN DAN PENYIMPANAN BAHAN BAKAR MINYAK BERSUBSIDI ILEGAL BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU ', Frengki; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Fuel scarcity happened recently has given a very broad impact in many areas of life. The sectors most affected are fast transport sector resulting in queues at most gas stations General. Scarcity of fuel oil that occurred in various provinces in Indonesia is one of Pekanbaru Riau Province in particular can not be separated from the less active surveillance and number of cases of the transport and storage of fuel oil illegal subsidies. In this case Pekanbaru City Police as law enforcement course is expected to run for the sake of justice in the community.In accordance with the above description, the authors are interested in doing research with the title of Law Enforcement Against Perpetrators of Transportation and Storage of Fuel Subsidized Illegal Under Act No. 22 of 2001 on Oil and Gas in the area of Pekanbaru City Police Law. Then to find out the constraints faced in the implementation of law enforcement transport and storage of fuel oil in the area of illegal subsidies Law Pekanbaru City Police. Finally aims to determine the barriers to the implementation of countermeasures for law enforcement transport and storage of fuel oil in the area of illegal subsidies Law Pekanbaru City Police.In writing this essay, the author uses empirical approach or sociological research. Regional research sites in Pekanbaru City Police Law. Data sources supported by the primary data source, secondary. 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 discussion in this paper is, first, that the crime of transporting and storage of fuel oil illegal subsidies Pekanbaru City Police has been working as it should, but have not optimal as expected. Both the lack of public awareness. Performers transport and storage of fuel oil subsidy Illegal organized, lack of facilities and infrastructure support. funds are limited, the suspect fled. Third, efforts made in addressing the crime of transporting and storage Actors Fuel subsidy Illegal Conduct effective and efficient action in managing the funds available, Capitalize infrastructure available, search and publish wanted list.Keywords: law enforcement, transportation and storage of fuel oil-illegal.
PENYIDIKAN TERHADAP KONFLIK ANTARA DESA KABUN DAN DESA ALIANTAN DI WILAYAH HUKUM KEPOLISIAN RESOR KABUPATEN ROKAN HULU Rido Hamidi; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Social conflict can be caused by many things , namely the establishment of adifference, cultural background differences, different interests and groups, rapidchanges in social values in society, socio-economic disparities that exist. Socialconflicts in society can lead to a loss in one or all parties involved in the conflict,where this can be a material and moral damage. For example casualties in theconflict between the village and the village Kabun Aliantan, both injuries andeven fatalities can be contained. Based on this understanding, then writing thisessay to formulate two formulation of the problem, namely : First, how theinvestigation of the conflict between the Village and the Village Aliantan KabunTerritory Police Law Rokan Hulu ? Secondly, what are the obstacles in theprocess of the interrogation of the conflict between the Village and the VillageKabun Aliantan Territory Police Law Rokan Hulu ?Keywords : Investigation - Conflict - Inter- village
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN (STUDI KASUS PERKARA NOMOR. 153/PID.B/2013/PN.BKN) Haposan, Indra; Lestari, Rika; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law is actually formed and applied as a means to provide protection to everyone equitably. One example of crime that are rampant fraud is a criminal offense with a variety of modes. Criminal cases of fraud committed by the defendant named Lukman DT Hero Member with fraud crimes mode of sale of land belonging to another person completely unknown to the owner of the land (Tini). Defendant together with SIJAS (DPO) to cooperate to sell land belonging to Tini of 8.5 hectares with a sales value of Rp. 323 668 800 (Three hundred and twenty-three million six hundred sixty-six-eight thousand eight hundred dollars) purchased by Heri (witness). The defendant in the crime action together with the power of attorney SIJAS making false sales engineering and false SKGR letter, so Heri believe that the letter is original from the landowner (Tini)In this study the authors, set the following principal problems of proving the crime of fraud in the case number 153 / Pid.B / 2013 / PN.BKN? and legal considerations judges How to criminal fraud in the case number 153 / Pid.B / 2013 / PN.BKN.In this writing, when viewed from the type of research that is classified as a normative legal research is research that is done by examining the law library materials related to the problem, whereas if seen from the nature of this research is descriptive research that explains in clear form sentences and detailed. From the research Evidence of criminal fraud in the sale of land case number 153 / Pid.B / 2013 / PN.BKN conducted with respect to evidence presented at the hearing conducted by the Public Prosecutor to present some witnesses as many as three (3 ) witnesses, documentary evidence and the testimony of the defendant who testified that the defendant has committed the crime of fraudulent sale of land belonging to someone else. While the comparison verdict against perpetrators of fraud in some cases, according to the author of the judge make a decision only as a punishment to the perpetrators who commit the offense is not to provide a deterrent effect both for the perpetrators and to those who want to commit criminal acts of fraud and selling land the.Keywords: Overview Yuridis- Crime-Fraud
PROSES PENGEMBALIAN KENDARAAN BERMOTOR YANG DIJADIKAN BARANG BUKTI DALAM PROSES PERADILAN DI KEJAKSAAN NEGERI KOTA PEKANBARU Hb, Margerytha Wulandara; Effendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In fact, there are many people / citizens were negligent in carrying out obligations so that has a violation of law. A person will be unlawful by the court and the judge can convict it if receiving at least two valid evidence in the court. Against each item of evidence which has been ready for use in the trial, or no needed or set aside for the public interest or not enough evidence, the evidence may be returned as set out in Article 46 paragraph (1) and (2) Criminal Procedure Code. Evidences include motor vehicles, knives, weapons, clothes, laptops, mobile phones and other objects related to use when committing a crime. In this case, the public prosecutor is given the authority by law to prosecute and execute the determination of the judge in the process of returning the evidence. However, in the process of return of evidences, especially motor vehicles, the prosecutor having problems and not just the prosecutor, the community also experienced problems to take their motor vehicles. Based on the above, the authors are interested doing research with the title of the return process in motor vehicles used as evidence in judicial proceess in the district attorney Pekanbaru. This essay aims to determine the return of motor vehicles used as evidence in judicial proceedings in the district attorney Pekanbaru City and also to understand the constraints faced by the prosecutor in the proceess of return the motor vehicles which used as evidence in judicial proceedings in the district attorney Pekanbaru City and to know what is done in an effort to overcome the obstacles in the return of motor vehicles used as evidence in judicial proceedings in the district attorney Pekanbaru. Based on the results the process of return the vehicle shall be furnished administrative requirements, the barriers faced by the prosecutor is an incompleteness of the requirements by the public administration, the court decisions returns the evidence to the defendant, the lack of facilities and infrastructures. While from the constraints of society is their must pay the fee for taking their motor vehicle. In an effort to overcome these obstacles, the prosecutor asked public to complete the administrative requirements, asked the defendants to contact their family to take the motor vehicle, make a report to the addition of facilities and infrastructures and add members of the personnel section of the exhibits. The conclution are the process of return motor vehicles are not in accordance with Article 46 of the Criminal Procedure Code and Case Management SOP General Crime, still not complete the administrative requirements of the public, the defendant did not contact the family, lack of facilities and infrastructures and members of the personnel section of the exhibits. The authors suggestion are motor vehicles should be returned quickly and easy so that people can conduct their activities.Keywords: Returns-Vehicle-Evidence-In Judicial Process
PERTANGGUNGJAWABAN PIDANA LETNAN KOLONEL UNTUNG DALAM TINDAK PIDANA MAKAR PADA PERISTIWA GERAKAN 30 SEPTEMBER 1965 Wan Ferry Fadli; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

In running the government, a state not escape from the disruption of sovereignty, whether from the outside, as well as from within the country itself. One real nuisance is a threat to the security of a country. Crimes againts state security, or often referred to as treason, is an act which aimed to destroy, overthrow, or take over the administration of the specific reasons. One plot events that occurred in Indonesia is in motion the events of September 30 in 1965 movement (G30S). One of the key figures in the G30S is a Lieutenant Colonel Untung. Purpose of this thesis, namely : first, criminal responsibility of Lieutnant Colonel Untung in the crime treason on G30S. Second, the application of the crime of treason chapter in the trial of Lieutenant Colonel Untung is appropriate or not yet. This type of research is normative juridical, who performed with the approach to find the law to a case in concerto, which approaches seek how to find the relevant facts, and then find the law in abstracto the right to object at carefully. Data sources used include primary data, secondary data, and the data tertiary. Data collection techniques using literature study. Of the research problem, there are two main things that can be concluded. First, if we dissect the action of the elements that can be accounted for, Lieutenant Colonel Untung criminal liability can be requested on he did in the crime of treason in G30S. Second, in the proceedings of Lieutenant Colonel Untung, the judges stated that he is guilty of committing criminal offenses including Article 107 Paragraph 2, Article 108 Paragraph 2, Article 110, of the Criminal Code (KUHP) and Article 2 of The Presidential Edict No. 5 In 1959. Suggentions author, first, improve the national judicial system to be more balanced between the rule of law and sense of justice. Second, straighten the actual history based on facts for the sake of future generations it is necessary to know the actual history as a guide and learning in the future.Keyword : Crime of Responsibility – Treason – September 30 in 1965 Movement
DISPARITAS PUTUSAN HAKIM TINGKAT KASASI DALAM PERKARA NOMOR.1616 K/PID.SUS/2013 TENTANG TINDAK PIDANA KORUPSI Nawarin P Situmeang; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Criminal disparity has become another problem in law enforcement in Indonesia. On one side of a different punishment / criminal disparity is a form of the judge's discretion in decisions, but on the other hand different penal / criminal disparity was also brought dissatisfaction to convict even society at large. The disparity in punishment for perpetrators of corruption made public distrust in judiciary, which is then manifested in the form of ignorance in the law enforcement community. The judge in this case that runs the institution that runs the court must memilii proper consideration in memetus case that this disparity is not a stumbling block for law enforcement. The purpose of this thesis, namely: first to determine the construction of thinking judges in criminal dropped on appeal in case No. 1616 K / Pid.Sus / 2013 on Corruption; the second; To know the advantages and disadvantages of the judge's ruling on appeal and the decision of the District Court in the decision No. 1616 K / Pid.Sus / 2013 on Corruption. This type of research can be classified types of normative legal research, descriptive research, a study that illustrates clearly and in detail about the construction of thinking judges in imposing punishment on Corruption, the source data used secondary data consisting of primary legal materials, legal materials secondary, and tertiary legal materials, techniques of data collection in this study with a literature study method, after the data is collected and analyzed to conclude From the results of research and discussion can be concluded that, first, in deciding this case the judges have used the juridical considerations and nonyuridis. The judges on Judex facti favors juridical considerations, where punishment is given only as a reply from the law, but on Judex juris judges have considered legally or nonyuridis decision making such decisions better reflect fairness. Second, Excess on appeal the judge's decision in the case No.1616 K / Pid.Sus / 2013 that the application of articles previously ignored by judges on Judex facti. As for the disadvantages, namely the existence of dissent of one judge Ad. Hoc additional penalty he did not agree on this point because the results are consistent with evidence of corruption in judex facti.Keywords: Diasparitas - Corruption - Verdict Judge.
ANALISIS YURIDIS PENEMBAKAN OLEH POLISI TERHADAP PELAKU YANG DIDUGA MELAKUKAN TINDAK PIDANA DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH Tabah Santoso; Erdianto Effendi; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Indonesian National Police (INP) is in the Indonesian National Police, which is responsible directly under the President. The Police carry out policing duties throughout Indonesia. Article 18 paragraph (1) of Law No. 2 of 2002 on the Indonesian National Police provides: "public interest Indonesian National Police officers in carrying out its duties and powers can act according to his own judgment". One form of police discretion is often done in the field is in a shoot action against the suspect. Entry shoot on sight against the suspect is situational, ie based on the principle of proportionality in the prevention of violence and firearms should be applied at the time specified by the state police in dealing with individual cases, so that individual action is required pula.Asas presumption of innocence (presumption of innocence) referred to in Article 8 of Law No. 48 Year 2009 on Judicial Power, and also in the general explanation point 3c Criminal Procedure Code, which reads: "Any person suspected, arrested, detained, prosecuted, and / or confronted in the face of the trial court shall be presumed innocent until a court ruling that declared faults and permanent legal power.In practice, investigators action in arresting set out in Article 18 of the Criminal Procedure Code is too excessive and often blamed as a violation HAM.maka the objectives of this study are: First, to determine a violation of the presumption of innocence or not done by the police in practice fire on suspected perpetrators of criminal acts, Second, to determine the responsibility of the police officers who violated procedures in fire on suspected perpetrators of criminal acts. So the author believes that, first it is necessary no specific rules regarding the use of force by the police, so that an act committed by the police there are clear rules and there is also a basic standard of how the use of force does not violate the Human Rights. Second, the police are expected to provide measures sanctions against members of the police who use firearms are not in accordance with the Regulation No. 1 of 2009, and the police institution should enforce the principle of transparency, the officers who commit violations should not be defended, just for the sake of the integrity and reputation of the institution, the police would have the heart to violate human rights , especially when officials violate the presumption of innocence.Keywords: Police Use of Force - Principle of Presumption of Innocence - Human Rights - Justice
PENEGAKAN HUKUM PELAKU TINDAK PIDANA PEREDARAN ROKOK TANPA PITA CUKAI BERDASARKAN UNDANGUNDANG NOMOR 39 TAHUN 2007 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 1995 TENTANG CUKAI DI WILAYAH HUKUM DIREKTORAT JENDERAL BEA DAN CUKAI KOTA PEKANBARU Nindy Axella; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Tobacco industries which originally tend to be home slowly developed intolarge industry. Numerous of tobacco industries from the middle to the low scalecaused disobedience, such as the companies did not pay tax label.To avoid disobedience caused by the companies, hence government in thiscase Directorate General and Custom, commit on surveillance and prevention ofthe outcome output violated with issuing various police.Criminal offence of cigarettes distribution without tax label which happnedin Pekanbaru handled by Pekanbaru’s tax and custom in 2012 seized 987.200illegal cigarettes packs without tax label from PT. SJA and in 2014 seized 100cartons with total 1.800 cigarettes packs, 1.084.000 sticks and all of that withouttax label, loaded onto trucks with BM 8807 SA license plate.Law enforcement of criminals distributing cigarettes without tax label basedon the constitution number 39 0f 2007 amendments to the law number 11 of 1995about the tax in jurisdiction Directorate General and Custom of Pekanbaru, hasnot been as effective as it should be due to the last 5 year, there are a lot of taketax label cigarettes in the market.Obstacles in the enforcement of criminal law distribution of cigarettes, andmost of the public do not even know the criminal act of ciggarettes distributionwithout tax label. And still lack of law enforcement of Tax and CustomPekanbaru.Effort to overcome this obstacles with the government lowered theadvolorum rates and increase and specific tax through minister finance ofregulation number 205/PMK.011/2014. And for the offenders given criminalssanction and financial sanction.Key word: Law offence-cigarettes without tax label
PENERAPAN SANKSI PIDANA ADAT TERHADAP PELAKU ZINA DI WILAYAH KENAGARIAN GARAGAHAN KECAMATAN LUBUK BASUNG KABUPATEN AGAM Handoko, Bobi; Effendi, Erdianto; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Indonesia is a country of law (rechstaat) that where any provision of law tolean or guided by the Pancasila and the 1945 Constitution, as a rule it must notconflict with higher laws as they apply nationally. But in social life other thannational laws that are also laws that grow and thrive in a society, in which the lawwas born of habits or attitudes and behavior of society itself is often referred to asthe customs. Custom or habit is what will develop into a provision calledcustomary law. That customary law and traditional criminal law is still used incertain areas. Particularly in the area Kenagarian Garagahan Agam District ofLubuk cone, where people still use traditional criminal law to resolve crimes ofadultery.In this study the authors used the method of sociological writing is research inthe form of empirical studies and legislation to find theories about the process andthe effectiveness of the enactment or rule of law in society.The conclusions that can be drawn on this issue, namely, that the applicationof criminal sanctions such as discarded or customary in fines still can not beoptimally applied, because of the people who most fear or do not report to thehead of customs about the incident so that the head of their own customs can notapply The traditional criminal law. Advice given writer is the author suggests thatin the preparation of the national Criminal Code should pay attention to the valuesprevailing in the midst of society. In addition, for law enforcement is expected tobe able to act fairly in the imposition of sanctions for adultery.Keywords: Application - Sanctions - Criminal Indigenous - Adultery
PENEGAKAN HUKUM TINDAK PIDANA PEMBAJAKAN PERANGKAT LUNAK KOMPUTER OLEH KEPOLISIAN RESOR KOTA PEKANBARU Dicky Wirian Lafari; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Computer software piracy is any form of reproduction or use of the softwarewithout a license or outside of what has been regulated by the Law on Copyright andlicensing agreements. The purpose of this study, first to determine the crime of piracylaw enforcement computer software, Second, to know the police barriers in lawenforcement criminal acts of piracy of computer software and, third, to know theeffort Police carried out to overcome obstacles in law enforcement criminal offenseof computer software piracy by Keplisian Resor Kota Pekanbaru.There are threemain issues that can be inferred. First, law enforcement against criminal acts ofpiracy of computer software for not running optimally the presence of obstacles,Second, obstacles encountered in law enforcement software piracy offenses is in theform of internal factors, Third, efforts to overcome this obstacle is to revise Law No.19 of 2002 on Copyright and increase the knowledge of the police in the field ofinformation and technolgi. Suggestions author, first, is expected to police in carryingout the crime of piracy law enforcement computer software should not merelyrepressive but also preventive socialiszation manner. Second, the police shouldimprove their knowledge in the field of information and technology and increasepersonnel investigators in solving the crime of piracy of computer software. Third, tothe whole society in order to begin to appreciate the creative works of others to buyan original computer program is not being pirated.Keywords: Law Enforcement-Crime-Piracy Computer Software

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