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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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PENYELESAIAN SENGKETA PERCERAIAN MELALUI MEDIASI OLEH PENGADILAN DI PENGADILAN AGAMA PEKANBARU Aulia, Rizqah Zikrillah; Lestari, Rika; Hendra, Rahmad
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

Divorce is happening in conjugal is not just things that are material, but solely due to hit the needs and attitudes everyday from each party that wants to win themselves. The divorce hamper efforts applied by asserting that divorce can only be done in front of the court. the religious courts, at the first hearing the judge will advise the parties to the mediation must be carried out and included in the minutes of the hearing. The purpose of this skripsi, namely First, the mechanism of dispute settlement through mediation by the court divorce in religious courts Pekanbaru, both the effectiveness of the implementation of problem divorce settlement through mediation in the religious court Pekanbaru, third, efforts to implement a divorce dispute settlement through mediation to be effective in the religious court Pekanbaru. Keywords : Dispute Resolution - Divorce - Mediaton
ANALISIS PERJANJIAN PENGADAN BARANG/JASA KONTRAK NOMOR : 03/KONTRAK/ PDAM/PMPK/VII/2013 OLEH PERUSAHAAN DAERAH AIR MINUM TIRTA SIAK KOTA PEKANBARU DENGAN CV. PUTRI CAHAYA RIAU Tasya Anindita; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

The procurement of goods/services the government is supporting the development, we need to hold an agreement. Agreement is an event where a promise to one another or in which two people were each promised to implement something. In the implementation of the agreement came two possibilities, namely, first performed as the contracted agreement, both agreements were not carried out as agreed, or have event of default. Facts show often found the process of procurement of goods / services are not in accordance with the agreement. What happens is that one party does not carry out his achievements. Examples Between PDAM Tirta Siak Pekanbaru with CV. Putri Cahaya Riau. With contracts made is a package of procurement and installation work check valve, gate valve and the water meter intake. Under the agreement the procurement of goods / services contracts No : 03/KONTRAK/PDAM/ PMPK/VII/2013 on July 29, 2013. Issues that will be examined in this study are: First, How Rights and Obligations between PDAM Tirta Siak Pekanbaru with CV. Putri Cahaya Riau according to contract No : 03/KONTRAK/PDAM/ PMPK/VII/2013? Secondly, How is the implementation of the agreement procurement of goods / services between PDAM Tirta Siak Pekanbaru with CV. Putri Cahaya Riau causing a breach of contract? Third, How settlement of defaults in the agreement procurement of goods / services between PDAM Tirta Siak Pekanbaru with CV. Putri Cahaya Riau? This type of research is a sociological law research. Source of data used are primary data and secondary data, data collection techniques using interview, and literature study. In this study the authors used a qualitative analysis, in drawing conclusions using inductive method of thinking. Results from this study were first, the rights and obligations of the foothold are the rights and obligations contained in the Contract No : 03/KONTRAK/PDAM/ PMPK/VII/2013. Second, in the event of default implementation is done by the CV. Putri Cahaya Riau, with no work at all. Third, the settlement is done only ask for compensation for Down Payment to the insurance company. Suggestions of authors First, the parties must implement the rights and obligations under the agreement, Second, the government should be more selective in choosing a partner procurement of goods / services, so as to minimize defaults. Third, the government should bring the case to the path of litigation. Because of the loss not only of Down Payment. But not the completion of the job.Keywords: Treaty-Default-Goods / Services
PERTANGGUNGJAWABAN PIDANA TERHADAP ORANGTUA YANG TIDAK MELAPORKAN ANAKNYA SEBAGAI PECANDU NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Hafiz Akbar Ritonga; 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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The number of children who become victims of narcotics higher each year, required an effective way in order to reduce the number of children who become drug addicts getting down. To the authors need to raise the issue of children who become addicted to narcotics, to be a deterrent effect for the cause of children becoming drug addicts, and to be also held prtanggungjawabannya. The purpose of this thesis, namely: First, the need for criminal responsibility by parents to their children who become addicted to narcotics, second, the need to excuse criminal eraser against liability legislation of conflicting namely Law On Narcotics with the Child Protection Act. This type of research can be classified into types of normative legal research that discusses the general principles of law, systematic law and comparative law. From the research there are problems, there are two main things that Dapa concluded. First, So if I researched, the person most responsible for actually increasing the number of children who became a drug addict is a parent. In accordance with Act No. 35 of 2014, the parent is obliged to protect the mental and physical development of the child. And if the author raised through the theory of criminal liability, the parent is the person most responsible. Thus, according to the author of the number of children who become drug addicts rehabilitated and imprisoned should be accompanied by parents who participate become criminal offenders because they have neglected to keep her child. In accordance with Article 55 Paragraph (1) of Law No. 35 of 2009, parents have been deemed to know even though he did not know if his son became a drug addict, and if it does not do notifiable be subject to criminal sanctions in accordance with Article 128 of Law No. 35 of 2009. Second, the author also analyzes the juridical what if the parents have their own initiative to undertake rehabilitation treatment in private by not required to report to the authorities in accordance with Law No. 35 of 2009. On one side of the parents run the obligation to carry out rehabilitation treatment to children with do not notifiable due to negative stigma society and can be a delay in the child's education according to the Law on the Protection of Children. Keywords: Narcotics Addiction - Criminal Liability - Sanction - Liability Parents
Pelaksanaan Keamanan Bagi Narapidana di Lembaga Pemasyarakatan Kelas II A Pekanbaru Al Rusdi; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Class IIA Penitentiary institutions Pekanbaru also not independent security and public order disturbances. Types of security problems found in the Institute Penitentiary Class IIA Pekanbaru include: runaway, fights between fellow prisoners and detainees, theft of goods belonging to fellow inmates, riots and so forth. The purpose of writing this essay to examine the implementation of security for inmates at the Penitentiary Class II A Pekanbaru, obstacles in the implementation of security for inmates at the Penitentiary Class II A Pekanbaru and efforts made in overcoming obstacles to the implementation of security inmates at Penitentiary Class II A Pekanbaru.This type of research is legal research sociological research that is done by holding the identification law and how the effective implementation of the law in force in the community, or reviewing the situation through field problems associated with aspects applicable law. Source data used primary legal materials, secondary and tertiary.From the results of this study concluded, the implementation of security for Prisoners in Penitentiary Class II A Pekanbaru carried out in accordance with Standard Operating Procedures SOPs or owned by any guard or any security and guarding and supervision by cooperating with the Mobile Brigade and the Police. Obstacles in the implementation of security for inmates at the Correctional Institution Class IIA Pekanbaru are: lack of personnel security officer Pekanbaru Penitentiary Class IIA, not all of them armed security officers in perform duty to secure the inmates at the Correctional Institution Class IIA Pekanbaru dn their uncooperative behavior such prisoners , attempt to escape. Efforts to overcome obstacles in the implementation of security for inmates Penitentiary Class II A Pekanbaru is to increase the number of personnel security officer Pekanbaru Penitentiary Class IIA, improving Human Resources for security officers prisons, limiting the space for inmates. Keywords: Security For Inmates, Prison.
Efektivitas Sanksi Terhadap Pelanggar Marka Jalan Berdasarkan Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan Oleh Kepolisian Resor Kota Pekanbaru Putri, Ayu Yohana; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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When the road users violating the provisions on road markings, the existing sanctionsshould be given to him, in accordance with Article 287 paragraph (1) of Law No. 22 of 2009 onRoad Traffic and Road Transport, which is subject to a fine and imprisonment, even if it is set toapplicable law, does not make citizens wary violate road markings. So the traffic is orderly, safeand convenient can not be implemented. In this case relates to the effectiveness of sanctionsagainst offenders Marka Jalan Based on Law No. 22 of 2009 on Road Traffic and RoadTransport By Pekanbaru City Police. The purpose of writing this essay that the first, theeffectiveness of sanctions against violators of road markings based on Law No. 22 of 2009 onRoad Traffic and Road Transport By City Police Pekanbaru, second, obstacles in theimplementation of sanctions against violators of road markings based on Law No. 22 of 2009 onRoad Traffic and Road Transport By Pekanbaru City Police, the third, the efforts made toovercome bottlenecks in the imposition of sanctions pursuant to Law No. 22 of 2009 on RoadTraffic and Road Transport By Pekanbaru City 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 completeand clear picture of the problems examined. This study was performed in Pekanbaru City Police,while the overall population and the sample is related to the issues examined in this study, thedata source used, primary data, secondary data and data tertiary data collection techniques inthis study with observation, questionnaire , interview and literature study.From the research there are three basic problems that can be inferred. first, theeffectiveness of sanctions against violators of road markings based on the Law on Road Trafficand Road Transport By Pekanbaru City Police law enforcement have been implementedalthough there are still violations of road markings. second, obstacles in the implementation ofsanctions against violators of road markings based on the Law on Road Traffic and RoadTransport By Pekanbaru City Police are factors of law enforcement, public awareness andinfrastructure, the third, the efforts made to overcome obstacles in sanctioning by Law on RoadTraffic and Road Transport By Pekanbaru City Police that law enforcement should be moreprofessional, dissemination to the public to be aware of law, improve facilities andinfrastructure. Suggestions writer, first, the expected sanctions against violators of roadmarkings should be emphasized, second obstacle is the reason for not efektivnya enforcement ofsanctions against violators of road markings not become a reason. Third, efforts made mustcontinue to be implemented, in order to create traffic enforcement.Keywords: Effectiveness - Marka - Road - Traffic - Police.
PENGATURAN TINDAK PIDANA PENCABULAN SEJENIS BERDASARKAN HUKUM PIDANA INDONESIA Prasetyo, Budi; Effendi, E; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In the Code of Criminal Indonesia have related settings of sexual crimes including sexual abuse offense. However, in the case of criminal acts of sexual abuse is often a kind of law enforcement officials to use a particular article in the Criminal Code criminalize same-sex obscene acts by adults against minors. The issue is important to note because it will affect the future of law enforcement. Existing provisions in the Criminal Code has not been specifically regulates the crime of sexual abuse of the kind, so very unfortunate to the perpetrators can not be in meshes with applicable law. The aim of this study is the first, knowing settings similar criminal acts of sexual abuse by the Indonesian Penal Both know whether the Indonesian criminal law rules have become effective to trap similar criminal sexual abuse.From these results it can be concluded that the First, arrangements similar criminal acts of sexual abuse by positive law which is regulated in Article 292 of the Criminal Code and Law No. 23 of 2002 on Child Protection. Settings on the kind of abuse in the new criminal law touching on aspects of child protection as victims and not criminalize a type of abuse committed by their fellow adults (homosexual), so that those can not be subject to legal sanctions if anyone feels aggrieved as a result of the acts of sexual abuse Second, the Criminal Code and the Child Protection Act and not running optimally effective because of the higher and increasing acts of sexual abuse against children today. Sanctions in the rules of criminal law concerning sexual abuse are often imposed on similar offenders who on average have not shown the spirit of consistent law enforcement. Suggestions of Author, First. It is expected that the legislators, especially the House of Representatives to create consistent rules of criminal law and capable of achieving justice for society and immediate improvements to the Indonesian criminal law rules terkhsusus rules relating to sexual crimes committed by those who are the same sex so that law and order can be created in accordance with the aspired according to the values of justice, benefits and actual certainty Both of the sanctions in the rules of criminal law concerning sexual abuse should be applied similar maximum penalty by law enforcement officials, especially judges in a verdict against the accused so as to provide a deterrent for the offender as well as preventive measures that certain criminals do not commit a crimeKeywords: A kind of abuse, Criminal Law Indonesia
PENEGAKAN HUKUM TERHADAP PELAKU PERDAGANGAN SATWA JENIS MALU-MALU YANG DILINDUNGI BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Selpas, Daf’al; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Trade of Lemur as protected animal is all activity about sale and purchase of lemur that violation is what has been regulated by the Law on Conservation of Natural Resources and Ecosystems. The purpose of this study, To determine the role of the police and Natural Resources Conservation Agencies in law enforcement against traffickers of wildlife protected types of lemurs in the jurisdiction of Pekanbaru City Police, To find barriers in law enforcement against traffickers of protected wildlife timid types in the jurisdiction of Police The resort city of Pekanbaru and, to know the efforts to address the law enforcement against traffickers of wildlife protected types of lemurs in the jurisdiction of the City Police Pekanbaru. This type of research 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. law enforcement against traffickers of wildlife protected by the types of lemurs Pekanbaru City Police and Natural Resources Conservation Agencies Riau Province run up yet because of the presence of obstacles, obstacles encountered in law enforcement against traffickers of protected species of lemurs types by police resort town of Pekanbaru and Natural Resources Conservation Agencies Riau Province is a form of internal factors and external factors, efforts to overcome these barriers is to add investigators Natural Resources Conservation Agencies Riau Province personnel who have expertise in the field of animal protection. Efforts overcome this obstacle is law enforcement against traffickers of protected species of lemurs types should be done more intensively, namely by arresting traffickers protected species of lemurs types. To the government to provide training to investigators and police investigators to better control of the settings on the protected animals, to the entire community to realize that lemurs are protected animals and trading is a criminal offense.Keywords: Law Enforcement-Crime-Trade of Lemur as protected animal
ANALISIS YURIDIS TERHADAP PEMBERIAN GRASI BAGI TERPIDANA MATI KASUS NARKOBA DI INDONESIA Dedek Budi Saputra; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The narcotics crime shows the development of increasingly rapid. It is just not the very poor condition of wearer but also the industry as a dark against narcotic drugs and psychotropic substances is thus the largest in the world is done in Indonesia. The government of Indonesia has also issued the law containing the criminal threat is dead against the narcotics crime, that is Act. No.35 of 2009 on Narcotics. When linked with the death penalty, the row inmates are entitled to propose a efforts law. The efforts of law include an appeal, cassation and judicial review. In addition, the convicted person can apply for clemency to the President.The purpose of this study to know the procedure for granting clemency death convicted of narcotics based on Act Number 5 of 2010 concerning Amendment to Law Number 22Year 2002 on clemency and to know the basic consideration of the President in granting Pardons to convicted of drug cases.The research was done by using a normative approach, namely the principles of law, the type of data in this research his to use primary legal materials of the Constitution ofthe Republic of Indonesia Year 1945, and the Act, secondary legal materials (books relating to results research that is granting pardons to convicted narcotics and the data from the internet) and tertiary legal materials (Dictionary of Indonesian Language), data collection techniques in this study with the study of Librarianship and data analysis using the deductive method is a way of drawing conclusions from the proposition that general to the specific.From the research problem, there are two main things that can be inferred. First, against a court ruling which has acquired permanent legal force, the convicted person can apply for clemency to the President. A court ruling may be filed a petition for clemency was the verdict of the criminal to death, life imprisonment at most 2 years low. A period of filing of pardons is one years since the court ruling abtained legal power anyway. Second, the President may grant clemency to provide basic reason juridical considerations clearly, firmly and accountable as well as taking into consideration the relevant agencies.Keywords: Granting-Death Convicted-Narcotics
PEMBUKTIAN TINDAK PIDANA PERJUDIAN DENGAN MODUS MESIN PERMAINAN DI KEPOLISIAN RESOR KOTA PEKANBARU Destrian Hasugian; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In the city of Pekanbaru common criminal offenses gambling with the game engine mode, particularly at nightclubs , malls and game center. The culprit was not only done by adults only, but children also play this gambling. It is of course very worrying when viewed in terms of morale and the future of the perpetrator. The purpose of this thesis, namely : First What is proving the crime of gambling with the mode of the game engine at the City Police Pekanbaru, Secondly, What are the obstacles in proving the crime of gambling with the mode of the game engine at the City Police Pekanbaru, Third, How are the overcome the constraints of proving the crime of gambling by mode in the game engine Pekanbaru City Police. This research is a kind of sociological research is also descriptive. Source of data used were obtained through three (3 ) legal materials is the primary legal materials, secondary and tertiary. The data collection techniques were done by two methods is interviews and review of the literature. From the results of research and discussion, there are three main things that can be inferred. First, Verification carried out by investigators go directly to the location of gambling by going undercover and make arrests in accordance with Standard Operating Procedure. Secondly, the obstacle in proving the crime of gambling with the mode of the game engine, to fool the police with a reason to have a business license, the disagreements between the engineers with the investigator, the lack of human resources, lack of infrastructure, lack of awareness and legal awareness, the difficulty of finding evidence. Third, efforts to overcome obstacles, their understanding of the law is not the same between engineers with investigators, conduct learning activities specifically for the police, complete infrastructure, conduct legal counseling, conduct patrols and routine surveillance, formed a special team to spy spying place often used as a means gambling game machines. Suggestions, First, police officers with firmly and quickly cope with the crime of gambling with the game engine mode in Pekanbaru City area and in the process in order to promote the interests of the investigator. Second, the development of information technology very quickly will also affect the growth of types and patterns of crime. Third, the need for improved public awareness of the law. the need for the role of the public to assist the police in combating gambling with the mode of the game machine and so also against the police to provide legal counseling to the community, especially to discuss and talk about the impacts of gambling with the game engine mode for the creation of security and morality in society. Keywords : Evidence - Crime of Gambling - Game Engine
PENERAPAN JUSTICE COLLABORATOR DALAM SISTEM PERADILAN PIDANA DI INDONESIA Fadli Razeb Sanjani; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Justice Collaborator understanding in the general public often be confused with Whistle Blower, though equally to cooperate with law enforcement agencies to provide important information related to a legal case. But both have a different legal status, so that the two can not beequated. Granting the status of Justice Collaborator usually given for criminal acts which besifat organized and pose a serious threat to public safety issues and undermine democratic values. For example, corruption, terrorism, drugs, money laundering, or the Human Trafficking. The term Whistle Blower and Justice Collaborator now often appear in corruption cases handled by the Corruption Eradication Commission (KPK), the term both quoted from the Appellate Court (SEMA) No. 4 of 2011 on the treatment for the reporting crime (Whistle Blower) and witness the perpetrator collaboration (Justice Collaborator) in certain criminal acts. The purpose of the author discusses Justice Collaborator problem is due to the frequent occurrence of misperceptions in the community and also for its own law enforcement officials the authority of labeling a person can become a Justice Collaborator. Because after the author inventarisir that provisionJustice Collaborator is the authority of the judge and the judge examine certain criminal cases by the facts that occurred in the trial on the grounds that alleviate the burdensome and in accordance with Article 197 letter (f) of the Criminal Procedure Code and SEMA No: 04 Year 2011. Since that determines a person as the main perpetrator or who participate commit a specific criminal act is after the judges checked out and try the case in court, so if there are other institutions that determine a person as Justice Collaborator is an arbitrary act, it is author to convey because our country is a country of law is not a mere power in the sense that all that is done by law enforcementauthoritiesisbasedontheAct.Criminal Justice System which apply to the Justice Collaborator on the crime of corruption and certain other criminal offenses, are not regulated in detail it means not getting adequate arrangements to be a legal basis for law enforcement officers. Until now the setting of Justice Collaborator only explicitly stipulated in the Supreme Court Circular No. 4 of 2011 and regulations together on treatment for the reporting crime (Whistleblower) and a witness who cooperated (Justice Collaborator) in certain criminal cases, thus SEMA and the joint regulation has no binding legal force as well as the Act is internal in the sense that only the Supreme Court. Unlike the Code of Criminal Procedure law and Special Events are governed by laws that have been through the Special Similarly constitution stages in the formation of its legislation.Keywords: Justice Collaborator - corrupt - whistleblower – democratic - criminal

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