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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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PERTANGGUNGJAWABAN PIDANA TERHADAP CALON PENGEMUDI SAAT BELAJAR MENGEMUDI ATAS PELANGGARAN KECELAKAAN LALU LINTAS MENURUT UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Jauhari, Louis; 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

Problems often arise in traffic one of them is the problem of the prospective driver's negligence while learning to drive on the highway, causing a traffic accident. However, the prospective driver's negligence is responsible for the driver instructor in accordance with Law No. 22 of 2009 on Road Traffic and Road Transport and incompatible with Article 2 of the Code of Criminal Justice Act that apply to the perpetrators of such crime. In this case relates to Criminal Liability Candidates Against Motorists When Learning Driving Violations Over Traffic Accidents According to Law No. 22 of 2009 on Road Traffic and Road Transport. The purpose of this skripsi, namely; The first, How sentence imposed for violations of traffic accidents to the candidate driver when learning to drive, second, how to overcome the dualism between the application of Article 79 paragraph (2) of Law No. 22 of 2009 on Road Traffic and Road Transport with the criminal theory Article 2 of the Code of Criminal Justice Act. This type of research can be classified into types of normative juridical research, because this research penulismeneliti library materials or secondary formulated Normative Or Research Book Research book story. From in nature this research is description research that aim to describe clearly and in detail that in this case the author selecting research on the differences of rules and principles hukum.Sumber data used, study libraries or documentary studies. From the results of this study concluded. First, the driving school has not reached the expected level in terms of skilled graduates to obtain and understand the essence of safe driving in highway, motorists are often negligent in driving a vehicle that can cause traffic accidents. Thereby, in Act No. 22 of 2009 Article 79 is a special clause for prospective drivers who learned driving and istrukturnya, thenspecialis derogat legi generali, Second, Lex specialis derogat legi generaliasalkan with the terms of the prospective driver to act is in conformity with the beacon -rambu which have been determined in learning driving. Suggestions writer, first, is expected omission of sentences for perpetrators of traffic accidents in the law more clearly so as not to give rise to legal interpretation, Second, efforts to avoid dualism application of the law by revising the legislation in detail and spsesifik avoid misinterpretation in the future .Keywords: Responsibility- Accident- Candidate Driver – Instructor Driver- Traficc.
Pelanggaran Asas Imparsialitas Oleh Hakim Pengadilan Negeri Kupang Dalam Perkara 536/Pid.B/2008/PN.KPG Fahmi, Muhammad; Effendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The court is the last place for the parties to solve problems that occur, because the court considered a place that has equity in accordance with applicable law, the court is run by a judicial peripheral devices such as the Presiding Judge, Judge, the Registrar, the Public Prosecutor and apparatus other countries designated by the State directly, but nowadays in Indonesia itself has raised a lack of confidence by the public towards the judiciary dikarenkan negative behavior caused by the state apparatus itself, as the judge who is in the region of Kupang in particular, the judge has violated the code judicial ethics, because the judge handling his own case, the judge has to know that it was his brother but does not resign, the consequences arising Kupang because the judge does not resign impact on peoples sense of a lack of judicial institutions in Indonesia.Context of judicial independence in a world of justice does not mean that judges are free to do anything in the process of examination and trial, but the judge also has certain limitations, restrictions stipulated in the code of conduct of judges of the judiciary, judges do not assume that all the king should be considered correct decisions , but the judge has rules and limits of its own in the process of investigation or trial.This type of research can be classified in a normative law research which the author examines the judicial authority law and the judicial code of conduct with the legal principles that apply in Indonesia, this research is also reinforced with the interview data to pekanbaru district court judge in order to strengthen the existing data ,Keywords: Court-Judge-Violation of the Code of Justice
Penyidikan Tindak Pidana Pencabulan Kepada Anak Di Kepolisian Resor Kota Pekanbaru Muhammad Tuah; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Child is the biggest gift for family, religion, nation and country. She was born to new generation and continue ambitions the nation. And human resources to national building for protect child authorities so there was constatiun about it. It is constatiun No. 23 tahun 2002. One of the steps to protect child is investigation that do it by investigator in the dissoluto case to get authorities child as a sacrifice criminal. In this case investigator must serve to herself in order to she get her authorities. The purpose of skripsion, first, to know investigation that do it by police resort town Pekanbaru second, to found some problem during investigating process that do it by police resort town Pekanbaru third, to get solve problem in this dissolute case in police resort town Pekanbaru.This research categorize yuridis and sosiologis research, because the writer get the data from location that give describing completely source of datas are primer, skunder and tertier datas. Collecting datas are interview and reading the literatures. From the result of research, there are there result can summarizing, first investigating do it by investigator hasn’t pin the procedure second problem in the investigating process is a difficult problem because suspect run a way and sacrifice silent.Third, to solve the problem, investigator give psychologish give suspect status, look for information from other witness. Suggestion of the researcher to investigator to do child dissolute case, investigating quickly and get to solve problem and catch a suspect criminal.Keywort: investigation, criminal, child, prostitute
PELAKSANAAN TANGGUNG JAWAB PENGANGKUT UDARA TERHADAP KEHILANGAN BAGASI TERCATAT Khairunnisa, Tri Rahmi; Bachtiar, Maryati; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Reciprocal relationship between the air carrier in this case PT. Lion Air Office Pekanbaru and passengers as service users created rights and obligations of each party. However, in practice lost baggage that causes damage to passengers without the fulfillment of the rights of passengers as appropriate The purpose of this study, to investigate the implementation of the air carrier liability for lost baggage on the PT. Lion Air Representative Office Pekanbaru, to find remedies that can be taken by a passenger to lose baggage at. Lion Air Office Pekanbaru This type of research is a sociological study, because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted at PT. Lion Air Office Pekanbaru, while the population and the sample is a whole party relating to the issues examined in this penelitiaan, data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews, filling the questionnaire, and literature. Implementation responsibilities lost baggage by PT. Lion Air Office Pekanbaru based on the presumption of innocence which responsibilities according to this concept the air carrier was found guilty and will pay compensation for the loss of checked baggage. Remedy which can be carried by the passenger is through non-litigation and litigation provisions are based on legislation. To the PT. Lion Air Pekanbaru Representative Office in order to further improve the monitoring of goods baggage belonging to passengers and provide transparency of procedures regarding the efforts that can be taken by passengers in the event of loss of baggage. To the government in order to further improve the oversight of the air carrier to provide legal protection and guarantees the fulfillment of the right of every citizen. To the passenger so valuable luggage reported to the clerk at check-in, or valuable items should be placed on cabin baggage.Keywords: Responsibility - Carrier - Checked Baggage
ANALISIS YURIDIS PEMBATALAN PUTUSAN BAPMI OLEH PUTUSAN PENGADILAN (STUDI PERKARA NOMOR 513/PDT.G-ARB/2012/PN.JKT.PST) Yohanna Petresia; Maryati Bachtiar; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Abstract

Settlement of business disputes be an option for the parties to the dispute are usually used method of dispute resolution through alternative dispute resolution. Choice of dispute resolution in the capital market conducted litigation in general through the arbitration institution Indonesian Capital Market Arbitration Board (BAPMI). BAPMI arbitration decision issued BAPMI-004 / ARB-03 / VIII / 2011 on the application submitted by PT Bank Permata. BAPMI verdict obliging PT Nikko Securities to replace most of the payments made by PT Bank Permata to investors. However, PT Nikko Securities filed a cancellation decision BAPMI the Central Jakarta District Court by reason of deception in BAPMI decision. BAPMI verdict is final, binding and must be implemented immediately canceled by Court decision No. 513 / PDT.G-ARB / 2012 / PN.JKT.PST.This type of research can be classified into types of normative legal research is research that emphasizes the literature data, cover the entire legislation relating to the object of research. Source of data used is primary data, secondary data and data tertiary. Analysis of the data used in this study is qualitative.BAPMI ruling has the force of law, as stated in Article 48 of the Decree of the Indonesian Capital Market Arbitration Board Number: Kep-02 / BAPMI / 11.2009 of the Rules and Events Indonesian Capital Market Arbitration Board. The head of the written decision BAPMI "SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD" which means decision executorial BAPMI have legal force and are binding on the parties. District Court Judge ruled Court No. 513 / PDT.G-ARB / 2012 / PN.JKT.PST related cancellation BAPMI decision. Decision handed down by the judge is not based on proof of their ruse conducted by BAPMI and PT. Bank Permata Tbk. Elucidation of Article 70 of Law Arbitration stated that in order to be able to say meets the requirements as stated in Article 70 of Law Arbitration, the need for advance ruling which stated the presence / absence of the fraudulent action.From the research, there are two basic problems that can be concluded, first, the decision BAPMI already have legal force. Second, evidence has been the fulfillment of the elements of fraud are not carried out by a judge. Advice, First, the arbitration award is final and binding with legal force by the parties should be implemented immediately. The judge can carry out his duties by ordering the execution of the arbitral award is registered to the court. Second, the trial judge should carry out the cancellation of arbitration in accordance with the Civil Procedure Code, that the cancellation of arbitral awards especially BAPMI decision is consistent with the rule of law.Keywords: BAPMI - Arbitration - Decision
PENEGAKAN HUKUM TERHADAP PASAL 137 JUNCTO PASAL 303 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM KEPOLISIAN RESOR PELALAWAN AFRIZAL '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Traffic and road transport is key to the growth of a community. Community isdependent on land transportation and land transportation is closely related totraffic and road transport. With the increase in demand for transport resulting inviolation of traffic on the highway is likely to cause an accident, there is adiscrepancy tertiban road users and traffic congestion is felt increasing. Trafficviolation is a situation where a discrepancy between the rules andimplementation. The purpose of this study to determine enforcement of Article 137and Article 303 of Law Number 22 Year 2009 regarding Traffic and RoadTransportation, To know the obstacles encountered in enforcement of Article 137and Article 303 of Law No. 22 of 2009 on Road Traffic and Road Transport andTo know the efforts in overcoming obstacles to the enforcement of Article 137 andArticle 303 based on Law Number 22 Year 2009 regarding Traffic and RoadTransportation. Results of this research is the enforcement of the law againstArticle 137 in conjunction with Article 303 of Law Number 22 Year 2009regarding Traffic and Road Transportation in the jurisdiction of PolicePalalawan Palalawan implemented by the Police and the Civil ServantInvestigators Pelalawan District Department of Transportation is to carry out lawenforcement by way of giving out warnings or messages on roadside Area pairsand perform routine outreach to the community and employers who use pickupsas mass transit.Key words: Law enforcement - pickups
Pencegahan Penyalahgunaan Narkotika Oleh Badan Narkotika Nasional Kota Pekanbaru Terhadap Pelajar di Kota Pekanbaru Andri, Mulia; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The development of world civilization are increasingly berkembangan towards modernisasi.Perkembangan which always brings changes in every facet of life seem more nyata.Seiring with that also forms of crime are also constantly keep abreast of the times and transformed into forms that increasingly sophisticated and diverse.Drugs (narcotics, psychotropic, and Drugs) is a term of law enforcement and masyarakat.Narkoba called dangerous, because it is not safe to use manusia.Oleh therefore, use, production, and circulation is regulated in the law undang.Barang who use and distribute outside provisions of the law, subject to criminal sanctions of imprisonment and fines. Because of the danger of dependency, use, and distribution of drugs regulated by law, namely Law No. 35 of 2009 on Narcotics.Based on the above to know what are the factors that cause crime drug abuse among students in the jurisdiction of the National Narcotics Agency Pekanbaru, What are the obstacles that dihadapin by the National Narcotics Agency Pekanbaru against the crime of drug abuse by students in the city of Pekanbaru, the efforts undertaken by national agencies na rkotika city of Pekanbaru in tackling criminal acts of drug abuse by students in the city of Pekanbaru.Terms of the method used, this research can be classified into types of juridical sociological research, which means reviewing the state of the existing problems in the field in associate with aspects applicable laws and governing problems tersebut.Karena in this study the authors directly conduct research on location or place which ditrliti to provide complete and clear picture of the problem under study.In general, there are several factors that led to the occurrence of a crime, the first is a factor that comes or there from the perpetrator that means that that predispose a person to commit a crime that arises from within the actors themselves were based on heredity and psychological (mental illness ). The second factor is the factors that are beyond the offender is a factor of households and the environment, While it has been given the authority in the enforcement of an issue of drugs, but in the prevention, combating abuse and illicit drug trafficking in the city of Pekanbaru still encounter obstacles in Caused by a variety of factorsKeywords: Prevention, Abuse, Drugs, Student
PENEGAKAN HUKUM TERHADAP ANGGOTA MILITER DALAM PENYALAHGUNAAN NARKOTIKA DI WILAYAH HUKUM PENGADILAN MILITER I -04 PALEMBANG Muthia Septiana; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Circulation and abuse of narcotics and drugs has reached a very alarminglevel. Criminal act of abuse of drugs has penetrated the military, but they are a majorcomponent in the country's defense system, and an instrument of the state in charge ofmaintaining, protecting and maintaining the integrity of the country, and are expectedto provide an example to the community not to commit criminal acts narkotika.Tujuanthesis This, namely: First, How law enforcement against members of the military indrug abuse in the jurisdiction of the Military Court I-04 Palembang, Second, Constraintenforcement against members of the military in drug abuse in the jurisdiction of theMilitary Court I-04 Palembang, Third, efforts done to overcome obstacles lawenforcement against members of the military in drug abuse in the jurisdiction of theMilitary Court I-04 Palembang.This type of research can be classified into types of sociological research. Thistype of research is descriptive analysis. Source of data used were obtained throughthree (3) legal materials are the primary legal materials, secondary and tertiary. Thedata collection techniques were done using two methods ie interviews and review ofliterature.From the results of research and discussion, there are three main things thatcan be inferred. First, Law Enforcement Against Military Members In Narcotics AbuseIn Military Court has jurisdiction in accordance with the legislation in force and on acase by Case Number: 54-K / PM I-04 / AD / IV / 2014 already meet the elements of acriminal offense military and criminal elements. Secondly, the obstacle in theApplication of Crime of Abuse of Narcotics Law is no internal or external factors suchas: The limited number of members of the Military Police investigators, lack ofInfrastructures, Third, Efforts to Address Barriers In Law Enforcement AgainstNarcotics Abuse Crime: the addition of personnel, make arrests , and do security.Suggestions, first, earned memsosialisasikan Military Law periodically throughmenyuluhan-extension primarily related to narcotic crime, as well as crack down andprocess each infringement. Second, the facility should be sufficient to prove someone isabusing narcotics without having to use the facilities of other agencies. Also added anumber of personnel in the investigation so that information is known to theinvolvement of members of the military. Always hold active operation or sudden raidsheld that the Military Police more find pidanayang acts performed.Keywords: Law Enforcement - Crime - Abuse of Narcotics - Military
PENYELESAIAN TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN CEK KOSONG DI KEOPILISAN DAERAH RIAU Sitinjak, Pramboy H; ', Erdianto; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Rapid economic growth and complex spawned various forms of business cooperation, which is increasing day by day. The increasing business cooperation, causing the higher the level of disputes between the parties involved. In the current business cooperation the government's efforts to develop payment traffic that are demand deposits. One of payments that are demand deposits is a check. But in its use checks mischaracterized its use is by issuing a blank check. Dilhat from the perspective of criminal law the issuance of bad checks is included in the criminal fraud. police which is the most important element in the judicial system to perform legal settlement against crime.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 completion of the crime of fraudulent use of a blank check in the Directorate General of Criminal Investigation Police of Riau, has not run optimally. Second, obstacles in the completion of the crime of fraud using a blank check in the Directorate General of Criminal Investigation Riau Regional Police is investigating the lack of the number of members, geographical factors, factors the absence of witnesses. Third, efforts to overcome the obstacles in the completion of the crime of using a blank check at the General Directorate of Investigation Krimainal Riau Regional Police investigators are increasing the number of personnel, in collaboration with relevant institutions, the investigator requested the expert testimony. Suggestions writer, first, the government has set a ban on the withdrawal formerly blank check so that the law is reinstated, but the sanctions should be, Secondly, as the frontline in a legal settlement in Indonesia, the police must be more synergy and further improve coordination with the parties Another and improve quality in dealing with any offenses exist, Third, the public is advised to be more careful in the sale and purchase or other agreement to use checks as a means of payment.Keywords: settlement of criminal offenses - fraud - police
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCABULAN YANG DILAKUKAN OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI POLRESTA PEKANBARU Simanjuntak, Raynanda; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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The child is part of a younger generation that is a potential successor to the idealsof the struggle of a nation that has a strategic role and has the characteristics and specialnature, require the guidance and protection in order to ensure the physical growth, mentaland social as a whole, harmonious and balanced, So it needs optimally protected by thestate. The purpose of this thesis, namely: First, How law enforcement against criminalacts of sexual abuse committed by a child under Law No 35 of 2014 on the Amendment ofAct No. 23 of 2002 on Child Protection in Pekanbaru Police, Second, Do constraints inlaw enforcement against criminal acts of sexual abuse committed by a child under LawNo. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection in PekanbaruPolice, Third, How does the effort to overcome the obstacles in law enforcement againstcriminal acts of abuse which performed by children based on Law No. 35 of 2014 on theAmendment of Act No. 23 of 2002 on Child Protection in Pekanbaru Police.This type of research can be classified into types of sociological research. This typeof research is descriptive analysis. Source of data used were obtained through three (3)legal materials are the primary legal materials, secondary and tertiary.The datacollection techniques were done using two methods namely interview and study ofliterature.From the results of research and discussion, there are three main things that can beinferred. First, Law Enforcement for criminal acts of sexual abuse committed by childrenagainst children in Pekanbaru City Police have been running smoothly as it should be,and are in accordance with the legislation in force. But it is still not perfect because thereare some cases that did not complete his case. Secondly, As for the factors inhibitingPekanbaru City Police in handling criminal cases of sexual abuse against childreninclude evidence, the victim does not want to report the crime of sexual abuse, the suspectfled and perpetrators of abuse are still under age. Third, efforts were made to overcomethe obstacles in handling criminal cases of sexual abuse against children includesConducting post mortem on the victim, Call or Come Victim, Seek and publishes wantedlist, Doing diversion to the accused under umur.Saran, First, order the police whohandled the case criminal acts of sexual abuse committed by children against children isbetter implement the Child Protection Act. Second, protect the public order police more sothat cases like this do not happen again. Third, the order for the parents more aware ofthe kejatan-crime that occurs in children.Keywords : Law Enforcement - Crime of Abuse - Child

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