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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 2,579 Documents
PENYIDIKAN TINDAK PIDANA PENCURIAN ARUS LISTRIK DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Mensa, Fradhil
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Theft crime is one crime that often occur, particularly in the crime of theft of electric current. The number of reports regarding the crime of theft in various mass media both electronic and print media. Criminal offense of theft of electric current is usually done by several persons, from among the household users as well as from the business community. The background of the perpetrator committed the crime of theft of electric current, it is not connected with economic circumstances or level of income that low that theft of electric current because they do not have electricity in the house, but there are also actors who come from higher income levels who commit theft of electric current , Because it does not want to pay more than it should, when electricity usage that exceeds a predetermined electric power or agreed it is a criminal offense.The purpose of this study How the investigation of criminal theft of electric current in the jurisdiction of the resort city of Pekanbaru police, Are the obstacles faced in criminal investigations of theft of electrical current in the jurisdiction of the police and the resort city of Pekanbaru How are investigators in the criminal investigation of theft of electric current in the region the resort town of Pekanbaru police law.From this study it can be concluded that the process of settlement of criminal cases of theft of electric current in the Regional Law Pekanbaru City Police is to do a legal settlement peacefully. Barriers that occur in the process of criminal investigation of theft of electric current in the region Pekanbaru City Police Law, namely internal and external obstacles, internal barriers include police investigators limited personnel, lack of facilities, lack of police experts in handling criminal cases of theft of electric current, ekternalnya obstacles include the difficulty in summoning witnesses, require expert testimony because the complainant did kepolisi report shortly after the crime. Later efforts to overcome obstacles in the process of criminal offenses of theft of electric current in the region Pekanbaru City Police Law is internal efforts include increasing the number of personnel investigation team Pekanbaru City Police, the addition of patrol cars and vehicles belonging to Pekanbaru City Police, conduct specialized training for executing tasks Pekanbaru City Police Investigator for criminal cases of theft of electric current. External efforts include coordination between the Contracting Parties PT.PLN Police Pekanbaru, visited the residence domicile of witnesses, conduct peace efforts.Keywords: Investigation, crime, theft of
TINJAUAN YURIDIS PENGAJUAN PRAPERADILAN OLEH PIHAK KETIGA ATAS PENGHENTIAN PENYIDIKAN ATAU PENUNTUTAN DALAM PERKARA KORUPSI Gendis Wahyuningrum; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Pretrial is a new institution introduced by the Criminal Procedure Code. As for the function that is owned by the pretrial institute is to conduct surveillance against the existence of a horizontal action lapses and abuses of authority committed by police agencies as investigators and prosecution agencies as the public prosecutor. The supervision is done is part of the implementation of the integrated criminal justice system. In the process, emerging issues at pretrial. One of them is the vagueness of interpretation in CRIMINAL PROCEDURE CODE concerning who is the third party concerned in article 80 of the CODE of CRIMINAL PROCEDURE. So in this research aims to know the parties can be said to be the third party concerned and weaknesses faced by third parties in filing pretrial upon termination of investigation or prosecution in the case of corruption. The research method used authors are research methods with normative approach to legislation.As pretrial legal effort new mechanism is very beneficial to the community in order to avoid the occurrence of forced efforts conducted by Investigators in the process of arrest, detention, investigation and prosecution. Issuance of letter of the Ordinance termination of a lawsuit (SKP3) for the accused in corruption matters always invites controversy, debate, and give rise to the perception that tends to be negative towards the performance of law enforcement agencies, in particular the Prosecutor's Office. The barriers commonly encountered in practice pretrial usually, the first weak legal factors itself, which lies in the weakness of the existing provisions in the legislation, the second factor is the lack of law enforcement in dealing with the problem of corruption, which is the third factor of law culture, officials here tend to be serious in dealing with the eradication of corruption, even the law enforcement agencies are often the perpetrators of corruption itself, and the latter political factors, the politicians had been allegedly often conspire with the parties that is problematic in corruption. Based on the above, it is expected that the law enforcement officers who act as investigators and prosecutors should be more thorough and professional in carrying out the task either investigation, investigation, and prosecution. And also institutions that make the rules should be more careful in making and formulating a rule. because of the vagueness of the rules will only be a weak point that will be easily exploited to escape from the law.Keywords: Pretrial - third parties - investigation - prosecution
PENEGAKAN HUKUM PELANGGARAN LALU LINTAS TERHADAP PENGEMUDI SEPEDA MOTOR BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR KANDIS Gunawan Januar S; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Under Indonesian law has very clearly set on traffic behavior, but in fact what is happening today in the field do not match those in the aspired legislation. Based on this fact, there are three formulation of the problem in writing this essay, namely: First What is the enforcement of traffic law violations against the driver of the motorcycle based on Law No. 22 of 2009 on Road Traffic and Road Transport in the jurisdiction of Police Sector ?, second Kandis Any obstacles law enforcement of traffic violations against the motorcycle driver based on Law No. 22 of 2009 on Road Traffic and Road Transport in the jurisdiction of Police Sector ?, Kandis third, How is the effort made by the police in overcoming obstacles law enforcement of traffic violations against the motorcycle driver based on Law No. 22 of 2009 on Road Traffic and Road Transport Sector in the jurisdiction of Police Kandis?The research method in this study is a qualitative research method with empirical juridical or sociological law research. Data sources supported by primary and secondary data sources. Data collection techniques used were interviews, questionnaires and review of the literature. After the data collected then analyzed qualitatively, and draw conclusions with a deductive method of thinking is to analyze the problems of the general form into special shapes. From the results of research and discussion, it can be concluded that, Enforcement hukm against pelanngaran traffic offender is to crack down directly with menilang and hold the perpetrators of wild races of motor vehicles and must follow the court proceedings. Not only is it for offenders who do not have the equipment in the compulsory motor menglengkapinya prior motor vehicle freed. The constraints are the lack of professional law enforcement of local police officers, lack of understanding of the law as well masyarakata minimya public awareness for memetuhi applicable law. Then made several attempts to overcome these obstacles by way pemeberikan legal counseling in high schools performed in the first through high school and to disseminate to the general public, as well as increasing the capacity of the police in the implementation of laws and legislation. Keywords: Law Enforcement Traffic offenses
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENGGELAPAN YANG DILAKUKAN OLEH SALES BARANG ELEKTRONIK OLEH KEPOLISIAN RESOR KOTA PEKANBARU Hotman Simanungkalit; Erdianto '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Crime is a social phenomenon that takes place as if endless, there are always new criminal offenses that arise. One crime that began to flourish in the city of Pekanbaru is the crime of embezzlement committed by the sales of electronic goods, where the mode is to darken the electronic items that are under his authority without a prior criminal offense or embezzle money from the sale of the goods. It therefore requires law enforcement against criminal acts committed fraud by sales of electronic goods by Pekanbaru City Police. As for the purpose of this thesis, namely: First, how law enforcement against criminal acts of fraud committed by the sales of electronic goods by the resort city of Pekanbaru police; both barriers experienced Pekanbaru City Police in law enforcement against criminal acts committed fraud by sales of electronic goods; The third attempt was made in overcoming obstacles in law enforcement against criminal acts committed fraud by sales of electronic goods by Pekanbaru City Police.This type of research is classified into types of juridical sociological research. Because in this study the authors directly conduct research in the studied locations in order to get a clear and complete picture of the problem under study, the study was conducted in Pekanbaru City Police. The data used is primary data, the data and the data sekubnder tertiary, data collection techniques using interviews, questionnaires and literature study.From the results of research and discussion authors to conclude that the First, law enforcement against criminal acts committed fraud by sales of electronic goods by Pekanbaru City Police have not run well; Second, barriers experienced in law enforcement against criminal acts of embezzlement by sales of electronic goods by Pekanbaru City Police that a lack of personnel, the distance factor or geographical circumstances, the witness was out of town, limited funding and inadequate facilities; Third, the efforts made to overcome obstacles in law enforcement against criminal acts committed fraud olehsales electronic goods by the City Police Pekanbaru is the addition of personnel, in collaboration with relevant agencies, making the summons and went to the location, to minimize funding and leverage existing infrastructure . Suggestions, Pekanbaru City Police should be more synergy and improve quality, increase legal counseling to entrepreneurs electronics, employers and the public should be more responsive and concerned about education held by the policeKeywords: Law Enforcement-Darkening-Sales-Electronics
PERTANGGUNGJAWABAN PIDANA PIHAK LEASING YANG MEMPEKERJAKAN DEBT COLLECTOR DALAM MENYELESAIKAN PIUTANG DENGAN MELAKUKAN PENGANIAYAAN DI KEPOLISIAN RESORT KOTA PEKANBARU Habib, Ikhwan; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Some actions of debt collectors even lead to criminal action. For example, debt collectors who act forcibly seized goods, making a scene, terrorizing either directly or phone, even threatened to kill customers and that just happened, killed his case Uniting Nations Party Secretary "Irzen Octa" Citi bank customers some time ago makes this profession become the subject of society. A number of the ins and outs of this profession continues to be discussed, ranging from the authority, the power even to the effect on public confidence related to banks using their services.To exert this study, the authors make the research questions are: criminal liability leasing party debt collectors are employed in finish receivables with maltreatment and criminal liability debt collector who completed receivables with maltreatment in Pekanbaru City Police.Terms of the method used, this research can be classified in socio-juridical type of research is secondary data, to then proceed with the study of primary data in the field, or in accordance with the fact that life in society. the nature of the research can be classified as descriptive research, because in this study the authors conducted research directly on location or places studied aiming to obtain a clear and complete picture about a situation or problem under studyThe Criminal Liability The Hiring Leasing Debt Collector. In Resolving receivable by Doing persecution, including elements of fault liability (Schuld) due to the need for an error can be imprisoned, it is in line with the principle in criminal law that can not be convicted if there is no error, while the error is not a corner of the normative sense. Forcibly confiscated goods and commit the crime of persecution by the debt collector is a violation of law, the action it can indicate criminal offense of theft (Article 362 of the Criminal Code) to take the goods which partly or wholly owned by others unlawfully. For violations of the law, motorcycle buyers are entitled to report it to the police.Keyword: Responsibility, Debt Collector, Persecution
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA MEMPERJUALBELIKAN VIDEO COMPACT DISC PORNO BERDASARKAN PASAL 29 UNDANG-UNDANG NOMOR 44 TAHUN 2009 TENTANG PORNOGRAFI Ira Rahayu; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Crime in the field of pornography is one of the fast growing criminal activity due to the developments in technology and information. Various things have been done to reduce the occurrence of criminal acts in the field of brands ranging from the establishment of Law No.44 Year 2008 on Pornography. However, in the field of pornography is a crime still existed in society, even predictable crimes against counterfeiting in this brand though it was addressed, will continue to increase.Based on these reasons underlying the author's interest to write a thesis with issues such how law enforcement in criminal acts memperjualbelikan compatc video disc / VCD porn under article 29 of Law No. 44 of 2008 concerning the setting pornography. This thesis is empirical juridical case studies jurisdictions Pekanbaru City Police Sector. In Indonesia alone, the problem of pornography is not new. Where in the Criminal Code concerning pornography has been set in Article 281, 282, 283, and Article 533 of the Criminal Code. Besides the problem of Pornography also set in the Broadcasting Law, the Law of Film, Press Law, the Telecommunications Act, Act ITE. However, because the Indonesian government feels that the existing provisions in the Act that have been there was less strong binding of the perpetrators, the government then sought a ban on pornography that has been set out in a regulation of pornography, namely Law No. 44 Year 2008 on Pornography. Regarding the implementation of Law No. 44 Year 2008 on Pornography against the seller VCD / DVD porn must be fulfilled principal elements contained in the indictment that charged by the public prosecutor.Keywords: Pornography Crime-Crime-Video Compatc Disc / VCD
Penyelesaian Tindak Pidana Kekerasan Dalam Rumah Tangga Berdasarkan Restorative Justice oleh Kepolisian Sektor Kandis Nadya, Irvani; ', Erdiansyah; Firdaus, Emilda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The completion of the crime of domestic violence based restorative justice is a necessary settlement. Restorative justice considers that a crime is a violation of people and relationships between citizens. The violations create obligations. In restorative justice justice includes victims, offenders and community members in an attempt to put everything correctly. This type of research can be classified into types of juridical sociological 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 in the Police Sector Kandis, while population and sample of this research is the police chief, Assistant Investigator, perpetrators and victims of domestic violence. Source of data used are primary data and secondary data and data collection techniques used interviews, questionnaires, and literature study. From the results of this study concluded that, first, the completion of the crime of domestic violence based on restorative justice by police Kandis sector, namely: that the application of Restorative Justice model of criminal acts against cases of domestic violence by the police Kandis sector in the system have described the application of Restorative models Justice namely in the form of implementation of the Alternative Dispute Resolution (ADR) in dealing with the crime of domestic violence, where ADR is a manifestation and implementation of models of Restorative Justice. Second, obstacles in solving the crime of domestic violence based on restorative justice by police Kandis sector, namely: where parties who are victims of violence is difficult to be consulted to achieve consensus and difficult to compromise. And also the perpetrators feel better punished and put in jail than have to come to terms with the victim. Third, efforts are being made to overcome the obstacles in solving the crime of domestic violence based on restorative justice by police Kandis sectors namely: the role of the police is required in order to be a good mediator violence cases can be resolved by peaceful means. First author's suggestion Police should improve and maximize its performance in order to implement the protection of the rights of victims of domestic violence. Secondly, in overcoming barriers Party who are victims of violence is difficult to be consulted to achieve consensus and difficult to compromise. The third attempt was made, investigators or the police can provide insight to the victim or the perpetrator of the road that should be taken to resolve cases of domestic violence. Keywords: Settlement - a criminal offense - violence - domestic - restorative justice
PERTANGGUNGJAWABAN PIDANA PENGATUR LALU LINTAS UDARA SIPIL ATAS KECELAKAAN PESAWAT TERBANG BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Juan Gunarri G; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The case of aircraft accidents that occurred in Indonesia have seized the attention of the general public , in addition to the adjacent intervals and hit almost all airlines, also highlight the most public attention is the emergence of fatalities in the accident. Public confidence on comfort and safety in the use of air transportation on the wane , although the need for its use is very high . The airline company as the operator , by people considered negligent and unprofessional in the management of the company , on the other hand the Government as the regulator is also considered to be slow in taking action on condition that occurs in the field and do not have the firmness in the provision of airline companies which do not meet safety standardsIn this study the authors, establishes the following principal issues on Criminal Liability Manager Top Air Traffic Accidents Civil Aircraft Based on the Law of the Republic of Indonesia Number 1 Year 2009 on Flight well as deeds whether that included the scope of criminal offenses in the field of aviation in the perspective of Law -Undang Republic of Indonesia Number 1 Year 2009 on FlightsWriting is when viewed from the type of research that is classified as a normative legal research is research conducted by examining the legal library materials related to the problems , whereas when viewed from nature , this research is descriptive research that explains in clear form sentences and detail.From the research that the Criminal Liability of Civil Air Traffic Manager Top Aircraft Accidents can be charged to the Air Traffic Manager that caused a plane crash with the provisions can be demonstrated that the main cause of the accident because there are factors intent , recklessness , or negligence committed by the Governing air Traffic , whereas acts falling within the scope of criminal offenses in the field of aviation was purposely fly and operate aircraft which endanger the aircraft and during the flight do anything that could jeopardize flight safety and security .Keywords: Accountability - Air Traffic Manager
PEMENUHAN HAK-HAK KHUSUS NARAPIDANA WANITA DI LEMBAGA PEMASYARAKATAN KELAS IIB PEKANBARU Azalia, Larissa Evita; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The legal protection of women prisoners in the correctional system legislation has not been set. Whereas some things should be well considered towards women prisoners. Therefore, the problem that arises is, how the legal protection of women prisoners in the legislation concerning prisons, and whether the implementation of such protection is in conformity with the correctional system. Issues which were examined in this study were: (1) whether the fulfillment of specific rights of women prisoners have been fulfilled? (2) what are the obstacles to the fulfillment of specific rights of women prisoners? (3) what efforts can be made to fulfill the specific rights of women prisoners?The obstacles encountered in fulfilling the specific rights of women prisoners at the Correctional Institution IIB class was the lack of attention from the government, because the government did not create an official law which was specifically arranged for women prisoners. Other obstacles encountered in the field were the lack of funds to support the fulfillment of human rights of prisoners, and the lack of facilities and infrastructure which supported for the implementation of the fulfillment of specific rights of women prisoners at the Correctional Institution Class IIB Pekanbaru.This research was a sociological law research that was supported by observational studies and interviews, and used the law as an approach to primary legal materials. Besides, it also used a secondary legal materials sourced from books, the draft legislation, material from the internet, as well as empirical research in the field was in prison Class II B Pekanbaru. Furthermore all data were analyzed descriptively.The efforts can be made by the government are issuing laws or official regulations for women prisoners, and providing sufficient funds to build infrastructure which is more adequate in the Penitentiary. The results of this study showed that in the legislation, especially in law No. 12 of 1995 concerning correctional system, turned out the problem of legal protection of women prisoners had not been set. Because in the law only mentioned prisoners, did not differentiate between men and women. Similarly, in the reality of women prisoners in Penitentiary Class IIB Pekanbaru, specific rights of women prisoners had not been fully implemented. Thus, in the future it is necessary to make specifically rules governing the placement of women prisoners and their area should be separated by child inmates.Keywords: Women Prisoners, Correctional System, the Rights of Prisoners
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU YANG MEMPEKERJAKAN ANAK BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA PEKANBARU Lesbon Manik; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Protection of law to child can be interpreted as effort protection of law to various child basic rights and freedom and also various importance related to prosperity of child. In order to giving protection to child, government have attempts children forbidden to work. Children prohibited to work because child pertained need protection to its rightss like education, growth of physical, resting, associating with with child which coeval and playing, growth of talent, and its intellegence storey for the shake of development of himself. In Pekanbaru Town Badness to worker of child increasing because employing controlled easy and cheaper child, badness of economic exploitation to child impinge rule based law protection of child.The purpose of this thesis , namely: First, the implementation of the enforcement of the criminal law agains to companies employing “children workers” based law Number 23 of 2002 about Protection of child in the Pekanbaru city, Second, what obstacles faced in enforcing the criminal law against the companies employing “children workers” based law Number 23 of 2002 about Protection of child in the Pekanbaru city, And third, attempts what is done in overcoming obstacles to the use of criminal law enforcement “children workers” based law Number 23 of 2002 about Protection of child in the Pekanbaru city. This type of research is classified in legal studies is defined sociological look at the effectiveness of the law in force to see the correlation between law and society, so as to reveal the effectiveness of the enactment of the law in society .From the research and discussion that can disimpilkan First, the implementation of the enforcement of the criminal law agains to companies employing “children workers” was not effectively executed as the number of obstacles in practice is still high so until now the phenomenon of children working always can be found all over. Second, having many barriers, including economic factors that would be a driver of why kids should be working, cultural factors, factors community participation,and lack of coordination and cooperation, government. Third, efforts that can be undertaken by the law enforcement is socialization and coordination of Goverment.Keywords: legal protection, working children

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