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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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DISPARITAS PUTUSAN HAKIM DALAM TINDAK PIDANA MUTILASI TERHADAP ANAK (STUDI KASUS PUTUSAN PENGADILAN NEGERI SIAK NOMOR 05/PIDSUS.ANAK/2014/PN.SIAK DAN PUTUSAN PENGADILAN TINGGI PEKANBARU NOMOR 01/PIDSUS ANAK/2014/PT/PBR Tampubolon, Andreas Cassiga; 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

Since human beings are born into the world in need of food, clothing, shelter to pursue his life. In his life, humans are surrounded various kinds of crimes that threaten its interests. The number of crimes that occur can make people restless including mutilation a criminal offense where the victim had been killed, cut his body into pieces and parts of his body were sold to butchers and claimed that the meat sold is animal flesh. The purpose of this study was to determine the basic considerations Siak District Court No. 05 / PIDSUS.ANAK / 2014 / PN.Siak in deciding the case in the Siak mutilation a criminal offense and to know the basic consideration High Court judge Pekanbaru No. 01 / PIDSUS ANAK / 2014 / PT / PBR in deciding criminal cases mutilation in Siak and ideally To find court decisions in criminal cases mutilation in Siak thus Neither the defendant nor the victim get the justice of the law. This study uses normative juridical approach, namely by reviewing legislation, legal theories related to the issues discussed as well as the legal synchronization approach.The data used is secondary data, namely: data support the completeness of the information or support the Primary Data obtained from libraries and library collections author conducted by way of literature or literature. Results of this study is that in deciding the case, a judge should pay attention to things or kaedah seadilnya properly and without any political interests, private interests that could harm either party. In the case of mutilation is a criminal offense, a defendant initials DP who were aged 16 (sixteen) were only asked to wrap the body parts into plastic to be sold and at the time of the defendant's actions in a forced position which inevitably have to perform such actions as it gets which can eliminate the threat of his life. When tried in a state court siak, the defendant was sentenced to ten years in prison by a district court judge siak. It is indeed very unfair to the defendant because of the judge's decision is too heavy especially the accused was 16 years old and the next generation of the family. Therefore, the defendant and the attorney and the public prosecutor to appeal, and in the high court, after notice and look based on facts, evidence and witness testimony in the trial, pekanbaru high court judge acquitted the accused. Therefore capabilities, status and dignity as well as his dignity restored.Keywords: Disparity-Judge Court Decision-Considerations
PERANAN SATUAN RESERSE KRIMINAL DALAM PENYIDIKAN TINDAK PIDANA MUTILASI DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU (STUDI KASUS MUTILASI DI KABUPATEN SIAK) Bukti Hasintongan Simanullang; Firdaus '; Erdianto '
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

Siak is one of the districts in the province of Riau. The Police Siak consisting of 10 policeoffice is in charge of controlling the police agency every crime that occurs in the area. At latelyin the area have the criminal act of mutilation, in which the person in doing so sadistic actionsagainst the victim and the offense is very disturbing Indonesian society in general and inparticular the public Siak. The problem in this paper is what causes of the criminal acts ofmutilation in Riau Police Legal Jurisdiction, and how the role of the Criminal Investigation Unitin the investigation of criminal mutilation, whether the factors that become obstacles in theinvestigation of criminal offenses mutilation in Region Regional Police Law Riau Police Siak,whether the efforts of the Criminal Investigation Unit in addressing the factors that becomeobstacles in the investigation of criminal offenses in the area mutilation Law Riau Police, PoliceSiak, Siak, having done research using empirical methods / sociological, by source data isbacked up by the primary data of primary and secondary data, and after data is collected, the datawere analyzed by means of qualitative and concluding with the deductive method.Based on the research results of the causes of the criminal acts of mutilation in RegionalLaw Riau Police, Police Siak, Siak is due to the instigation of parents to pass on a dark science, astrong desire of the child to gain knowledge of the immune father, because of economic factors ,lack of parental supervision of their child victims, and lambanya performance of the police tofollow up the report, then the role of the Criminal Investigation Unit in the investigation carriedout under the rules of the existing legislation, and the role undertaken belong to the actual role.Then the factors that become obstacles in the investigation of criminal mutilation faced by theCriminal Investigation Unit at the Regional Law Riau Police, Police Siak, Siak is a factor of itsown law, law enforcement apparatus, facilities and infrastructure factors and environmentalfactors or natural, and efforts undertaken to overcome these obstacles is to overcome legalfactors alone no attempt was made, to address the law enforcement apparatus, the first problemof a lack of seriousness, boss investigators provide motivation to each investigator, and tosupervise, the second problem of lack of qualified investigators in the investigation, the CriminalInvestigation Unit in cooperation with the Police Bengkalis, then to overcome infrastructurefactors, the first problem the lack of cars, no attempt was made but still use the car available, thesecond problem of lack of funds, investigators using their own funds and funds specified, the lastto address the environmental or natural factors, investigators continue to work hard to find partsof the body that is not intact and then to overcome the difficulties in identifying the investigatorsends the victim's body parts to Bhayangkara Hospitals Pekanbaru. Suggestions author, it isexpected that all relevant parties running role and functions well.Keywords: Role-Criminal Investigation Unit Crime-Investigation-Mutilation
PENYELESAIAN PERKARA DALAM PELANGGARAN PASAL 312 UNDANGUNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Franky Dontin Tobing; Erdianto Efendi; 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

Hit and run case in traffic is a criminal offense that can lead to anxiety and raisesconcerns that quite disturbing and cause harm to the victims and the people who do not knowor have been victims of hit and run that agency is not responsible. The handling of a criminaloffense must be treated seriously by the police in order to resolve this infringement case.Therefore, the authors are interested in conducting research under the title Against CriminalLiability Violation of Article 312 of Law Number 22 Year 2009 regarding Traffic and RoadTransportation Law Regional Police in the city of Pekanbaru. Then to find out the barriersand drawbacks encountered in the implementation of criminal liability for violation of Article312 of Law Number 22 of 2009 on Traffic and Road Transportation Law On TerritoryPekanbaru City Police. The last to know the efforts to overcome the obstacles andweaknesses of the implementation of criminal liability for violation of Article 312 of LawNumber 22 of 2009 on Traffic and Road Transportation Law On Territory Pekanbaru CityPolice.In writing this essay, the author uses empirical approach or sociological law research.Regional research sites in Pekanbaru City Police Law. Data sources supported by theprimary data source, secondary. While data collection techniques are interviews and reviewof data using deductive method is to analyze the problems of a general nature then drawn toa conclusion in particular based on existing theories.From the results of research and discussion the authors to conclude that the First, theimplementation of criminal liability for violation of Article 312 Law on Traffic and RoadTransport are accountable for the basic errors which are intentional, but did not rule outbecause of an omission; Second, barriers experienced in the implementation of criminalliability for violation of Article 312 of Law Traffic and Road Transport Police Jurisdiction InPekanbaru City area that is a factor, the evidence is not numbered Police, facilities andinadequate infrastructure, lack of personnel, calling witnesses constraints, high cost in theprocess of investigation and inquiry; Third, the efforts made to overcome the obstacles andweaknesses in the implementation of criminal liability for violation of Article 312 of LawTraffic and Road Transport Jurisdiction In Pekanbaru City Police are making efforts toalleviate the criminal sanctions peaceful perpetrators of hit and run, mengomptimalkannumber of personnel, conduct coordination with the SAMSAT Pekanbaru, make socializationand education to the community, make Emergeny Call, perform intensive treatment inaccident-prone areas, to give understanding to people who are witnesses to come to addressthe witness was.Keywords: Criminal Liability, Breach, Hit and Run
PENYIDIKAN TINDAK PIDANA PENCURIAN KELAPA SAWIT DI WILAYAH KEPOLISIAN SEKTOR SOSA KABUPATEN PADANG LAWAS PROVINSI SUMATERA UTARA Hasan Azhari Lubis; Erdianto '; Lady Diana
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

The development of oil palm plantations not only thrive in big cities but also developing dikecamatan-districts in North Sumatra and the surrounding areas. Sosa is a district in North Sumatra Padang Lawas regency, that generally, people familiar with Sosa as cypress oil palm plantation area. Sosa has occurred in the district of palm oil theft were 41 cases with 73 suspects from the period of 2010 - in 2014. From lataer the back of pick-authors are interested in these issues in a scientific study. The research objective of this thesis: First, to determine the investigation of criminal theft of palm oil in the Police Sector Sosa Padang Lawas regency of North Sumatra Province. Second, to determine the obstacles faced in the investigation of criminal theft of oil palm in the Police Sector Sosa Padang Lawas regency of North Sumatra Province. Third, To know the efforts made.From the research, there are three main things that can disumpulkan. First, the investigation process is not running optimally because people still recognize indigenous settlement that does not have a strict sanctions. In addition to the habits of the people who do not want to report on and assume the process dikepolisian rambling and very long. Second, the existence of two inhibiting factors, namely internal factors and external factors. Such constraints include: lack of personnel, cultural / community customs, lack of funds and infrastructure. Third, To Overcome obstacles do undertakings addition of personnel, premises cooperating parties palm oil companies and communities Sosa and minimize the use of funds and utilize existing infrastructure.Suggestions author is the Police Sector should be more synergy Sosa and must firmly move quickly in tackling and prosecuting those responsible for the crime of theft of oil palm. Society must be cooperative in reporting and for palm oil businessmen in order to carry out the advice given by the Police Sector Sosa to set up security posts and also installing portals at certain points that are considered vulnerable.Keywords: Investigation - Crime - Theft - Palm Oil - Police Sector Sosa
PERANAN SATUAN RESERSE KRIMINAL KEPOLISIAN RESOR KOTA PEKANBARU DALAM MENANGGULANGI TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR DI KOTA PEKANBARU IVAN SILABAN; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Reservior has encouraged others to commit crimes, it does not, if no one is willing to accept the proceeds of crime. If this can't be fixed of course like any society very disturbing feat. Then this is the role of the police force in tackling crime reservior is indispensable because the criminal action have trasnasional reservior is made with a "modus operandi" advanced technology, and supported by the organization. Therefore law enforcement agencies especially the Police Department Criminal Reserse expected to address and provides penindakan in accordance with the regulations to the perpetrators of criminal acts, to improve the comfort of the reservior, prosperity among the people.In accordance with the explanation above, the authors are interested in doing research with the title role of criminal police unit Reserse Resort Pekanbaru in tackling crime Reservior motor vehicle in the city of Pekanbaru. Where this thesis aim here, the first one to know the role of the police in addressing and overcoming the evil Criminal Reservior Reserse in Pekanbaru police resort. The second obstacle to find out what happened to the Police Resort town of Pekan Baru.Third attempt to find out what was done by the police in this Resort City of Pekanbaru. This type of research in sociological research classify types of juridical, for penenelitian the author of research directly on a location or place that is examined to provide a complete and clear picture of the problems in accurate. This research was conducted in the city of Pekanbaru Polres especially in the Unit, while the population of Reserse criminal and samples from all the parties concerned with issues that are examined in this study, the data source using the data, secondary data, and the data tertier, the primary data gathered in this study with interviews, kusioner, and the study of librarianship.The results of the discussion in this study is the role of the Criminal Police Unit Reserse Resort Pekanbaru in handling crime reservior in the city of Pekanbaru, where in the process of tackling financial crime police unit reservior role in preventative and repressive. Prevention activities carried out patrol and legal guidance on societies, and repressive activities do Criminal Police Unit another Reserse education do the observation, arrest, Search, seizure and anchoring. Then the head of the Criminal Police Unit in realizing the shelter and Community Services expected are ussually consistent in terms of Prefentif and repressive.Keywords : Roles – Law Enforcement – Criminal act Reservior.
EFEKTIFITAS SENTRA PENEGAKAN HUKUM TERPADU DALAM PENANGANAN TINDAK PIDANA PEMILIHAN UMUM LEGISLATIF TAHUN 2014 DI PROVINSI RIAU Sihite, Perancis; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Elections are a means of implementation of the people's sovereignty implemented in general, free, confidential, honest, and fair in the Republic of Indonesia based on Pancasila and the Constitution of 1945. In the general election is very common violations include criminal offenses, then for it needed serious treatment by Law Enforcement Center integrated , but in practice problems still occur. The purpose of this thesis , namely : First , how the effectiveness of the Integrated Law Enforcement Center in handling criminal offenses legislative elections in 2014 in Riau Province, Second, barriers Sentra Integrated Law Enforcement in handling criminal offenses legislative elections in 2014 in Riau Province, Third, efforts are being made to overcome the obstacles Sentra Integrated Law Enforcement in handling criminal offenses legislative elections in 2014 in Riau Province. This type of research can be classified into types of sociological research. This type of research is descriptive analysis. Source of data used were obtained through three (3 ) legal materials are the primary legal materials, secondary and tertiary. The data collection techniques were done using two methods ie interviews and review of literature. From the results of research and discussion, there are three main things that can be inferred. First, Handling General Legislative Crime Pemimihan 2014 in Riau province conducted by the Center for Integrated Law Enforcement Riau province is still not effective because of the many cases handled only one case reached the court level, as well as in handling frequent debates which it caused and can lead to the abandonment of the case that is being handled together. Second, barriers in law enforcement by Sentra Gakkumdu election there are two factors: internal factors such as: lack of coordination in Gakkumdu Sentra, Sentra lack of understanding in Gakkumdu, lack of quality and quantity in the Sentra Gakkumdu and external factors such as: people who are less active to report offenses elections are also facilities and infrastructure to support the complete lack of personnel Sentra Gakkumdu. Third, efforts in Overcoming Barriers Sentra Gakkumdu in handling criminal offense namely elections. improving the quality of personnel, utilizing the available infrastructure, and to disseminate Saran, First, the Sentra Gakkumdu Members should equate understanding in handling criminal election. Secondly, Sentra Gakkumdu improve coordination, eliminate sectoral ego, improve the quality and to disseminate to the public. Third, Sentra Gakkumdu need to make new breakthroughs in terms of handling criminal election given time handling a relatively very short. Keyword : Effectiveness - Crime of Election - Legislative
PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA BUKITTINGGI Rianda Maisya; Firdaus '; Erdianto Effendi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In the Indonesian criminal law is not known for peace efforts, but thereality on the ground often settling disputes through peace that criminalinvestigation of the criminal case something can be stopped, especially in thecriminal act of domestic violence (Domestic Violence). Based on this fact, thereare three problems in the formulation of this thesis, namely: First Do basicconsiderations police officers, victims and perpetrators of domestic violence penalmediation for the settlement of the criminal act of domestic violence committedagainst the husband and wife in a second ?, London Police How is theimplementation of penal mediation in resolving the Crime of Domestic Violencein the Police Bukittinggi third ?, Are the results of mediation can make domesticrelations perpetrators and victims of domestic violence to be better?The research method in this study is a qualitative research methodpossible with empirical juridical or sociological law research. Data sourcessupported by primary and secondary data sources. Data collection techniques usedwere interviews and review of literature. After the data collected subsequentqualitative analysis, and draw conclusions with motode deductive thinking is toanalyze the problems of the general form into special shapes.From the results of research and discussion, it can be concluded that, thebasic consideration of police officers, victims and perpetrators of domesticviolence penal mediation for the settlement of the criminal act of domesticviolence committed husband to wife in London police station to avoid a lengthylegal process and avoid costs that many, Implementation mediation undertaken inBukittinggi Police Unit PPA with PPA Kanit member as mediator. With domesticrelations mediation perpetrators and victims of domestic violence to be better andharmonious.Keywords: Peace Efforts - Settlement – Case – Crime
KEDUDUKAN KEDOKTERAN FORENSIK DALAM PENYIDIKAN TINDAK PIDANA DI DIREKTORAT RESERSE KRIMINAL UMUM KEPOLISAN DAERAH RIAU Roka Rindo; Erdianto Efendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In proving criminal cases related the body or the soul of man, a forensic doctor has a very important role in helping law enforcement to uncover a crime that happens, because it's not all science is recognized by the investigator, in this case a doctor is able and can help reveal the mysteries on the state of the evidence that can be either the body or parts of the human body, it is necessary to know the extent to which the position of forensic medicine in investigations of criminal offenses in the Criminal Investigation Directorate General Riau Regional Police.This type of research can be classified into types of juridical sociological research, because in this study the authors directly conduct research on a study in order to give a complete and clear picture of the problems examined. This research was conducted at the General Directorate of Criminal Investigation Police of Riau, while the overall population and the sample is related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study with interview and literature study.From the research there are three basic problems that can be inferred. First, the position of forensic medicine in investigations of criminal offenses in the Criminal Investigation Directorate General Riau Regional Police, has not run optimally. Second, obstacles in the investigation of criminal offenses which use the forensic doctor at the General Directorate of Criminal Investigation Police of Riau is a lack of expert forensic doctors, lack of understanding of the investigator, the manufacture of a post mortem was not carried out as soon as possible and the objections of the victim's family. Third, efforts to overcome obstacles in the investigation of criminal offenses which use the forensic doctor at the General Directorate of Criminal Investigation Riau Regional Police, in coordination with the investigator is a forensic doctor in the investigation process. Writer suggestions, first, investigators are expected to maximize the assistance of forensic doctors, Second, obstacles that the reason for not maximum assistance of forensic doctors in criminal investigations can be overcome in order to be able to process better and faster, Third, efforts made by the investigator at the Directorate of Investigation Common criminals in order to be implemented by not only planning only.Keywords : Forensic Doctor - Visum - Specification Expert
KESADARAN HUKUM MASYARAKAT DALAM BERLALU LINTAS DI KEPULAUAN MERANTI RUBA’I '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Problem level of public awareness in traffic in the islands Meranti, although the handling of law enforcement against violations of the motor vehicle in the city of existing Selatpanjang based on Law No. 22 of 2009 on Traffic and Road Transportation, but many indicators against people who are not prioritizing safety needs as a rider who always ignore traffic rules. This is because the habits of people who are not exactly in a motorcycle. The purpose of writing this thesis namely, first, to determine the level of public awareness in traffic. Second, to determine the constraints faced by the police, Third, how is the effort made by the police to address the low level of public awareness of traffic.This type of research that will be used is a sociological law research, because in this study the authors directly conduct research on locations or places studied in order to give a complete and clear picture of the problems examined. This research was conducted the islands meranti, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary, secondary and terser, data collection techniques in this study by observation, interview and literature study.From the research there are three basic problems that can be inferred. First, the level of public awareness in traffic the islands Meranti are so low, based on the rules of traffic laws and regulations. Second, the constraints faced by the police handling of public awareness in traffic, based on Article 264 and 281 in conjunction with Article 77 paragraph (1) of Law No. 22 Year 2009 regarding Traffic and Road Transportation. The obstacles encountered by the police are the people who do not understand and ignore traffic rules. The third attempt was made by the police to deal with the low level of public awareness that is done, deterrence which is the Police high command positions. Suggestions writer, first giving guidance and education so the activities will go smoothly throughout elements of society both organized and unorganized, so the program more effective. Secondly, a need for improvement in terms of supervision so the rule is run with the maximum and running smoothly, the third, the sound in the form of delivery at one of the intersections of the memorial motorcycle driving rules as set out in the applicable legislation.Keywords: Level of Legal Awareness Society
Disparitas Pidana Dalam Kasus Tindak Pidana Pencucian Uang Hasil Tindak Pidana Narkotika Gultom, Santo Barri; Efendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Criminal sanctions aim to give preferential suffering to the offender so that he felt as aresult of his actions. In addition aimed at imposing suffering against the perpetrators,criminal sanctions also constitute a statement of disapproval against offenders act. In the caseof money laundering narcotics proceeds of crime, criminal sanctions is necessary as adeterrent effect imposed by the judge to the perpetrators of money laundering narcoticsproceeds of crime. But often found differences in criminal sanctions against the judgeimposed the same case, or better known as the Criminal Disparities resulting in theemergence of injustice. Criminal is a criminal disparity unequal application of the samecriminal acts without apparent justification. This study examines the problems of (1) How isthe construction of thinking judges in decisions in the case of money laundering narcoticsproceeds of crime in the case Number: 593 / PID / SUS / 2012 / PN.PBR and case Number:258 / PID / SUS / 2014 /PN.PBR? (2) Are the causes of dispartitas verdict against moneylaundering narcotics proceeds of crime. The goal in this study to determine construction thinkjudges in imposing criminal verdict in the case Number: 593 / PID / SUS / 2012 / PN.PBRand case Number: 258 / PID / SUS / 2014 / PN.PBR? and also to determine the factors thatcause disparities verdict against money laundering narcotics proceeds of crime. From theresults of this study concluded (1) that in case Number: 593 / PID / SUS / 2012 / PN.PBRdefendant is proven guilty of money laundering as stipulated in Law No. 8 of 2010 withsentenced to imprisonment for 3 (three) years and a fine Rp.800.000.000, - (eight hundredmillion dollars) and in case Number: 258 / PID / SUS / 2014 / PN.PBR defendant was legallycommit money laundering continues, the defendant shall be sentenced to prison for 1 ( one)year 2 (two) months and a fine of Rp. 100.000.000, - (one hundred million rupiah). (2) Thecause of the disparity verdict against the same criminal act caused by the law itself factors,factors resources law enforcement officials, a factor of self-judge itself (both internal andexternal) and also the factors of the situation inside the defendant. This study suggested thatthe government mengandemen Law on Money Laundering which so no criminalclassification is based on the type of predicate offenses, the amount of money obtained fromthe predicate offense, and specifically for money laundering predicate crime that his narcoticcrime to establish regulations for the amount and type of drugs so that the judge in makingthe interpretation of the statute can be limited.Keywords: Disparity, Criminal, Money Laundering.

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