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PENYIDIKAN TERHADAP KASUS PERCOBAAN MELAKUKAN TINDAK PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR ROKAN HULU Siska Amelya; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Criminal action is prohibited by a rule of law that is accompanied by threats (sanctions) in the form of spesific criminal against those who violate.a ban was intended to act where a situation or incident caused by the behavior itself. Whereas criminal threats addressed to the people who bring it.of the above cases has taken law enforcement.a precess that has been done is the investigation by the police resort Rokan Hulu. But, unfortunately the process of invistigations conducted by the police did not run smoothly because there are many problems and issues found in field.This research is a sociological law.whereas seen from the desciptive nature of this study, the research provides a clear and detailed picture of the problems studied by authors, namely the role of the police investigations criminal resort Rokan Hulu towards the investigations of criminal trial (poging). Everyone who suffered, saw, witnessed and or become victims of the events that constitute a criminal offense has the right to file a police report or complaint to both oral and written. As well as for people who know a conspiracy to commit a crime, immediately the order to report to the police. Then civil servants in order to carry out their duties knowing about the events that constitute a criminal offense shall immediately report it to the police.When conducting the investigations of criminal cases experiments conducted by the police of conducting enforment investigations, prosection, arrest, detenion, searches, seizure, examination of suspects and witnesses. Barriers that occur when performing investigations poging criminal casses such as: personnel where the lack of part of the investigation, where the quality of human resources in order to have high quality in the task as law enforcement officers, minimal infrastructure and aquipment during processing the scene is not as complete as that owned by police. Efforts made to overcome obstacles in the investigation is to conduct socialization, being open, coaching members of an adequate education and supporting infrastructure that supports.Key words: investigation, police, crime, arrest, poging.

TINJAUAN YURIDIS TERHADAP PENERAPAN PASAL 5 UNDANGUNDANG NOMOR 15 TAHUN 2002 TENTANG PENCUCIAN UANG DALAM PENETAPAN TERSANGKA EDDIES ADELIA Andri Siburian, Tedi Franggoes; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The problem of money laundering in Indonesia is no longer a new problemin matters of law and economics. Its growth continues to increase from year toyear, Quality Money Laundering done more neatly and systematically not onlythreatens the stability and integrity of the economic system and the financialsystem, but also can harm the joints of the life of society, nation and state.Development of anti-money laundering regime in Indonesia that began since theadoption of the Law of the Republic of Indonesia Number 15 Year 2002 on MoneyLaundering as amended by Act of the Republic of Indonesia Number 25 of 2003and the last by Law of the Republic of Indonesia Number 8 Year 2010 onPreventing and Combating Money Laundering. One example is the case of moneylaundering Eddies Adelia Artist of money alleged corruption committed by herhusband Ferry Setiawan. Purpose of this study, namely: the first to determine thechronology of the case Eddies Adelia, secondly, to determine the criminalresponsibility of the wife in money laundering.This type of research is a normative legal research, the study of theprinciples of law that starts from certain areas of the rule of law. Analysisconducted in this study is qualitative analysis to draw conclusions deductively iedrawing conclusions from things that are common to the things that are special.The survey results revealed that the chronological case begins EddiesAdelia set as suspect cases of money laundering. He allegedly received fundsamounting to Rp 1,000,000,000.00 (one billion dollars) as many as 10 times amonth, the fund flow from her husband's Ferry Setiawan, suspected cases offraud, embezzlement, and money laundering, with a mode of investment fundsrelated to the procurement of coal. Police investigators suspect the flow of fundswas the result of a crime Ferry Setiawan given to his wife. Eddies Adelia chargedunder Article 5 of Law No. 15 of 2002 on money laundering with a maximumpenalty of 5 years in prison and a maximum fine of Rp 1,000,000,000.00 (onebillion dollars) to account for his actions.Keywords: Application-Article- criminal act-money laundering

TEMBAK DI TEMPAT OLEH ANGGOTA DENSUS 88 TERHADAP PELAKU TINDAK PIDANA TERORISME DIKAITKAN DENGAN PERLINDUNGAN HAK ASASI MANUSIA PELAKU ', YURIADI; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Terrorism, including the category of extraordinary crimes, would require extraordinary measures. Thus the birth of terrorism legislation is not separated from the emergence of the pros and cons. Pros and cons occur because of differences in the starting point of looking at terrorism with the issuance of terrorism legislation. On one side of the counter is based on a view of human rights protection actors (Offender oriented), while the other side of the starting point based on a pro-human rights approach to the protection of the victim (victim oriented).Keywords: Setup - Shoot in place - Terrorist

GAGASAN ASEAN OPEN SKIES DI INDONESIA DAN KAITANNYA DENGAN KEDAULATAN WILAYAH UDARA INDONESIA Fajria, Devi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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ASEAN open skies is a form of policy to open the airspace between fellow members of ASEAN countries. ASEAN open skies policy is part of the purpose of the establishment of the ASEAN Economic Community in an effort to boost the economy in the ASEAN region to improve competitiveness in the international arena so that the economy can grow evenly, also improve people's lives, and the main thing is to reduce poverty. ASEAN open skies does offer access to a huge market, huge profits, increase tourist attraction, as well as the flight frequency will increase. The purpose of this thesis namely; First, to determine the relationship or link between sovereignty with the implementation of the ASEAN policy of open skies; Second, to determine the strategy or the Indonesian government's efforts in dealing with the implications of the implementation of the ASEAN open skies policy, especially in terms economic, defense and security. From the research, there are two main things that can be inferred. First, Indonesian airspace sovereignty and the implementation of the ASEAN open skies policy are interrelated. The principle of sovereignty over the airspace is absolutely and fully recognized in the Multilateral Agreements of ASEAN Multilateral Agreement on Air Services that support the ASEAN open skies policy; Second, , Indonesian government's efforts in dealing with the implications of economic, defense and security of the implementation of the ASEAN policy of open skies is to make improvements to the infrastructure at the airport either airport capacity, systems, and technologies that support flight, and the most important is the strengthening of policies and regulations, especially in the field of safety, security and defense, consumer protection, and law enforcement investment.

KONSTITUSIONALITAS PERATURAN PEMERINTAH PENGGANTI UNDANG - UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI DAN WALIKOTA Abdul Kapi; Emilda Firdaus; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Government Regulation in Lieu of Law - Law (PERPPU) is a rule of law issued by the President. That in the constitution and the Law - Law No. 12 of 2011 Concerning the Establishment Regulations - Invitation, and also set out in the Constitutional Court decision, it is given the authority by to President to publish, without the approval of the House of Representatives first. Even after the President issued Government Regulation in Lieu of Law - Law must be submitted to Parliament for discussion at its next session. In the issuance of Government Regulation in Lieu of Law - Law countries are in a state of emergency or urgency that forces, for the government in this regard the President as the key policy-makers, it must act quickly to overcome all permasalahanya. In the constitution in the issuance of Government Regulation in Lieu of Law - Law, what if guided by legal rules that govern them, then it is considered the constitutionality of the top publishers.Or in accordance with the constitution or rules of law. In the case of the issuance of Government Regulation in Lieu of Law - Law No. 1 of 2014 About Election of governors, regents and mayors, in which regulated the election mechanism Governors, Regents and Mayors conducted directly by the people, and in the Act - Act before that Act - Law Number 22 Year 2014 About Election governors, regents and mayors, the Act - This Act also regulates the election mechanism Governors, Regents and Mayors conducted a representative, or by the Legislative Council, Law - Law this is rejected by society in general, so diterbitkanya Government Regulation in Lieu of Law - Act to reinstate the right of people to choose or determine the choice of the head region.Keywords: constitutionality - in lieu of government regulation - legislation

Pemilihan Presiden Langsung Dan Dampaknya Terhadap Demokrasi Di Indonesia Naradipa, Andro Prayogi; Firdaus, Emilda; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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One of the important principles of state of law is the principle of legality. The principleof legality is closely related to the idea of democracy and the idea of a state of law. Stateagencies are fittings state as intended by the Act of 1945, that one of them is thePresident and Vice President. As the head of state and head of government elected as apair directly by the people as mandated by the Constitution, the implementation of the2014 general election and the election of President and Vice President are the result ofthe election held directly by the people, is a manifestation of the success of the processdemocratization in Indonesia.From this background, the problem can be formulated as follows: How does the systemgeneral election of President and Vice President are directly in Indonesia ?, How is theimpact of the election of President and Vice President to democracy in Indonesia ?. Thisstudy aimed to evaluate the implementation of the general election of President and VicePresident are directly in order to strengthen the system of governance in Indonesia. Todetermine whether the election of President and Vice President are directly able to fightfor the aspirations and interests of the people of Indonesia in a ruling government. Thisresearch is a normative law (literature study), Source of data in this research issecondary data.This study uses literature study (normative law), which examines the general election ofPresident and Vice President directly, regulatory law, literature, dictionaries,newspapers, magazines, papers and the results of the problems examined. From thisstudy, the authors conclude elect the President and Vice President are directly referred toin Article 6A of the 1945 Constitution of the Third Amendment of 2001, Law No. 23Year 2003 regarding the General Election of President and Vice President as amendedinto Law No. 42 of 2008 on Elections General President and the Vice President said thatthe election was carried out in direct, public, free, confidential, honest, and fair everyfive years, and was held to elect the President and Vice-President, through elections,sovereign people elect the President and Vice-President of the expected can fight for theaspirations and interests in a governmentruling. The government in power is itself a result of the people's choice was to rule theState. Folk exercise control or supervision of the government. Thus, through the generalelection of President and Vice President through a democratic procedure of the peoplewill be able to always be involved in the political process and are directly or indirectlyassert sovereignty over state power and government through their representatives.Keywords: Direct Presidential Elections - Democracy - Indonesia

TINJAUAN YURIDIS TERHADAP ALIRAN KEPERCAYAAN DIHUBUNGKAN DENGAN PASAL 29 AYAT 2 UUD 1945 Yudianita, Feby; Indra, Mexsasai; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Indonesian is a country consisting of various ethnis groups and languages starting from Sabang to Merauke. Diversity and pluralism which exist in Indonesian has established a wide range of cultures and philosophy of life Indonesian. Therefore the founders of this country. Has thought and formulate how to unite cultures and philosophy of life is variegated into a single unit. Pancasila with the motto unity in diversity. Before religion enfered Indonesia, former Indonesian society has adapted a system of cult, some of which are animism and dynamism. Flow belief system is not only used in Indonesia alone, but almost the entire world community earlier. Evidence that the cult was once lived in Indonesian.This study uses a method used in this study of primary legal materials , ie materials materials science of law that are closely related to the problems studied, namely , the Constitution of 1945, Act No. 39 of 1999 on Human Rights . Secondary law material , namely legal materials that explain or discuss matters that have been investigated on the materials of primary law , the State of Law Books , Books on Human Rights, various papers , journals , newspapers , magazines , documents , and data from the internet relating to the law penelitian.Bahan Tertiary , ie materials that give an explanation of the ingredients of primary and secondary law , namely Indonesian Dictionary and Dictionary of Law.The first study results , is the existence of cult pursuant to Article 29 paragraph 2 of the Constitution of 1945. Second , the factors difficulty cult gained recognition from the state . Third , an ideal concept cult pursuant to Article 29 paragraph 2 of the 1945 Constitution Suggestion writer , First , synchronize the legislation relating to religious freedom so that communities are able to implement the values of diversity to strengthen the morale of the nation . Secondly , should get a clear recognition of the state . Third , the state is not entitled to restrict and prohibit every citizen.Keywords : Judicial -Review - Beliefs

TINJAUAN YURIDIS TERHADAP ALIRAN KEPERCAYAAN DIHUBUNGKAN DENGAN PASAL 29 AYAT 2 UUD 1945 Feby Yudianita; Mexsasai Indra; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Indonesian is a country consisting of various ethnis groups and languages starting from Sabang to Merauke. Diversity and pluralism which exist in Indonesian has established a wide range of cultures and philosophy of life Indonesian. Therefore the founders of this country. Has thought and formulate how to unite cultures and philosophy of life is variegated into a single unit. Pancasila with the motto unity in diversity. Before religion enfered Indonesia, former Indonesian society has adapted a system of cult, some of which are animism and dynamism. Flow belief system is not only used in Indonesia alone, but almost the entire world community earlier. Evidence that the cult was once lived in Indonesian.This study uses a method used in this study of primary legal materials , ie materials materials science of law that are closely related to the problems studied, namely , the Constitution of 1945, Act No. 39 of 1999 on Human Rights . Secondary law material , namely legal materials that explain or discuss matters that have been investigated on the materials of primary law , the State of Law Books , Books on Human Rights, various papers , journals , newspapers , magazines , documents , and data from the internet relating to the law penelitian.Bahan Tertiary , ie materials that give an explanation of the ingredients of primary and secondary law , namely Indonesian Dictionary and Dictionary of Law.The first study results , is the existence of cult pursuant to Article 29 paragraph 2 of the Constitution of 1945. Second , the factors difficulty cult gained recognition from the state . Third , an ideal concept cult pursuant to Article 29 paragraph 2 of the 1945 Constitution Suggestion writer , First , synchronize the legislation relating to religious freedom so that communities are able to implement the values of diversity to strengthen the morale of the nation . Secondly , should get a clear recognition of the state . Third , the state is not entitled to restrict and prohibit every citizen.Keywords : Judicial -Review - Beliefs

KONSTITUSIONALITAS DEKRIT PRESIDEN 5 JULI 1959 DAN MAKLUMAT PRESIDEN 23 JULI 2001 Changnata, Neysa; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In 1959, Homeland was in an emergency, In order to restore politicalstability at that time, then President Soekarno took firm step to issue a decreewich contains the return to the Constitution of 1945, dissolved the ConstituentAssembly, and forming MPRS and DPAS. This decree then could be implementedbecause of the support of the military, and the people of Indonesia, and then thisdecree was added to the state No. sheet 75 of 1959 and become decision of thePresident No. 150.On 30 April 2001, the House of Representatives of the Republic of Indonesiathe Plenary Meeting have dropped Memorandum II as outlined in the Decision ofthe Board of Representatives of the Republic of Indonesia No. 47 / IV / 2000-2001dated 30 April 2001 to President Abdurrahman Wahid which states that 1) thePresident has violated the Guidelines of State Policy (Guidelines), 2) Within 3(three) months, the President does not regard Memorandum, and 3) Provide 1(one) month to the President to respond to the Memorandum.Escalation of the conflict increased when President Abdurrahman Wahid onJuly 23, 2001 at 1:10 pm President of the Republic of Indonesia edict establishesthat contains clotting Indonesian People's Consultative Assembly and the Houseof Representatives of the Republic of Indonesia, to restore sovereignty to thepeople, as well as to take action and prepare bodies required to hold electionswithin a year, saving a total reform movement of the barrier elements of NewOrder to freeze the Golkar Party's decision to wait for the Supreme Court of theRepublic of Indonesia. Furthermore, the Supreme Court of the Republic ofIndonesia on July 23, 2001 issued a legal considerations which contains theconsideration that the edict of President contrary to law.The legal writing was prepared by the author through a normative juridicalanalysis based one through a historical approach which seeks to assess the edictof President July 23, 2001 from the perspective of Constitutional Law, which isbased on the research results that the edict of President July 23, 2001 a subjectiveemergency laws or unwritten (Ongeschreven Staatsnoodrecht), because the realityis not found in the Indonesian constitution or not a written rule. As far as thescientific study was conducted by the authors, the controversy notices PresidentJuly 23, 2001 is actually a form of resistance against President AbdurrahmanWahid political dynamics that exist in the House of Representatives of theRepublic of Indonesia and the People's Consultative Assembly of the Republic ofIndonesia.Keywords : -The Presidential Decree and Intimation -Subjective Emergency-The Political Dynamics

TINJAUAN YURIDIS TERHADAP KEBEBASAN BERSERIKAT, BERKUMPUL DAN MENGELUARKAN PENDAPAT BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN RAJA ADIL SIREGAR; Emilda Firdaus; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In the new law was passed precisely on July 22, 2013 last, great hope in thecommunity contribute significantly to regulate the scope and definition of SocialOrganization clearly related to administrative legal aspects. Although equipped withsetting role of government and local government in fostering Community Organization,the presence of foreign Community Organizations conducting activities in Indonesia, tothe sanctions for Community Organization who commit certain violations. So when anorganization Kemasyarakatanyang no legal status, have registered to be recognized asCommunity Organisations who can do the organization's activities in the sphere ofregional and national.Instead of a Community Organisations who do not enroll in governmentauthorities can not service of the government, but the state can not establish theCommunity Organization as an illegal organization, even the state can not prohibit suchactivities as long as not violating the law. But if the events and activities of CommunityOrganizations has been proven to have violated the law and threaten security and publicorder, violate the rights of freedom of others, as set forth in the sense of freedom ofhuman rights, or violate the moral values and religion, the state is obliged to ensurepublic order and function can perform law enforcement, can even stop the activities of aCommunity Organization.The explanation was clearly gives understanding to the state or the ruling for notlimiting step and Social Organization activities based solely on their registration status.In addition, the right of individuals to participate in advancing the nation through anorganization or association as prescribed in Article 28E paragraph (3), which in essencestates must respect these rights. Preferably Act No. 17 of 2013 on Social Organizationrevisions back, because there are many chapters which give rise to a contradiction to theother rules. For Community Organisations who are not registered are still allowed tocarry out activities, just not getting Social and Development funding from theGovernment.Keywords: Freedom of Association, Assembly and Removing Opinion Based on LawNo. 17 of 2013 on Social Organization

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