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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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PENANGANAN KHUSUS TERHADAP NARAPIDANA PENDERITA HIV/AIDS BERDASARKAN PERATURAN PEMERINTAH NOMOR 32 TAHUN 1999 TENTANGSYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU Yogi Ramadhan Dwiputra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The condition of prisons in Indonesia are less clean and inadequate to accommodate the number of inmates is very possible the transmission of HIV / AIDS. Which exceeds the capacity of the holding cell can unwittingly transmit HIV / AIDS to the prisoners therein which occurs when blood or sexual contact. Is not new news that in detention cells often occur sex sexual intercourse (sodomy) so in order inmates with HIV / AIDS do not feel discriminated against then those with HIV / AIDS should get proper treatment. Based on Government Regulation No. 32 of 1999 on the terms and procedures for the implementation of the rights of inmates Correctional particular Article 16 (3) mentioned when the results of medical examination of prisoners found infectious diseases or dangerous, then the patient is treated specifically.As for the purpose of writing this essay, namely: First, how special handling of prisoners suffering from HIV / AIDS in Penitentiary Class II A Pekanbaru. Second, obstacles in the process of special handling of prisoners living with HIV / AIDS in Penitentiary Class II A Pekanbaru. Third, the efforts of correctional officers in giving special treatment to inmates suffering from HIV / AIDS in Penitentiary Class II A Pekanbaru.The conclusion that can be derived from this research is the First, implementation of the guidance and treatment for those with HIV / AIDS in Penitentiary Class II A Pekanbaru already well underway, although there are still some obstacles that hinder the implementation of coaching and penanganan.Kedua, Barriers in coaching and handling of prisoners with HIV / AIDS in Lemabaga Penitentiary Class II A Pekanbaru a capacity Penitentiary Class II A Pekanbaru very less in accommodating inmates, Cost to perform medical treatment are minimal, medical personnel is still lacking, especially to handle the problem of HIV / AIDS, medical facilities and infrastructure that is still far from standard. Third, efforts to overcome barriers to the development and treatment of those with HIV / AIDS in correctional Lemabaga Class II A Pekanbaru is as regular coaching berikutMelakukan provide education to prisoners and the prevention of transmission of HIV / AIDS to 12 inmates with HIV / AIDS.Keywords: Handling - Inmates - People with HIV / AIDS SPECIAL HANDLING
PELAKSANAAN PENGAMANAN OLEHPETUGASPEMASYARAKATAN TERHADAP WARGA BINAAN DI RUMAH TAHANAN NEGERI KELAS II B RENGAT BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PERMASYARAKATAN Ayu, Ade Fitri; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Correctional officers who carry out the task of fostering and securing prisoners in Law No. 12 of 1995 on the Acting Functional Correctional Law Enforcement. Functional correctional officers are law enforcement officers who carry out tasks in the field of coaching, mentoring, and security of inmates. Still away from the law enforcement, as expected due to the persistence of the constraints and challenges in matter of law, the legal apparatus, facilities and infrastructure as well as other factors that influence it. Although the legal development takes time, but the need for the law to shelter may not be delayed even prove to the demands of society is increasingly rising, and should be recognized also there are the excesses in the application and enforcement. The purpose of this thesis, namely; First, to investigate the implementation of safeguards by correctional officers against inmates in detention State Class II B Rengat according to Law No. 12 of 1995 concerning Corrections, second, to determine obstacles correctional officers in the implementation of safeguards against prisoners in a detention Class II B Rengat according to Law No. 12 of 1995 concerning Corrections, Third, To know the efforts made in the implementation of security correctional officers against inmates home state custody Class II B Rengat according to Law No. 12 of 1995 concerning Corrections.Keywords: Security-State Prison Inmates
TINJAUAN YURIDIS TERHADAP PENCABUTAN HAK POLITIK BAGI TERPIDANA KORUPSI DI INDONESIA MUHAROSA, HALIVA; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

In Indonesia, corruption has been increasingly practiced and even spread into all aspects of life either at the local or central levels. Corruption is called a crime for humanity because its practice has resulted in people’s poverty and suffering. During habibie’s administration, the attempt to fight corruption had been realized in the juridicial framework trought the issuance of Law No. 31/1999 on Eliminating Corruption Criminal Act replacing Law No. 3/ 1971 on Eliminating Corruption Criminal Act and then it was replaced again with Law No.20/2001 on the amendment of Law No. 31/1999 on Eliminating Corruption Criminal Act.This paper raised several issues relating to Overview Juridical against Revocation Political Rights for Convicted of Corruption in Indonesia, which is about the urgency Revocation Political Rights Against Convicted of Corruption in combating Corruption in Indonesia, and Application of Criminal Supplementary Revocation Political Rights in efforts to combat criminal offenses Corruption in Indonesia. The method used in this research is normative. Normative research method is also known as doctrinal research is a study to analyze the good law is written in the book, as well as law decided by the judge through court proceedings.Overview Juridical Against Against Revocation Political Rights for Convicted of Corruption in Indonesia in efforts to combat Corruption in Indonesia, is still considered very important penjatuhannya against perpetrators of Corruption Act, the enactment of the Criminal Supplementary Revocation Political Rights is basically aimed to scare - scare and provide a deterrent effect against corruption, so that people - those who had intended to corruption be afraid to do so, especially when considering that Indonesia is the most corrupt countries in the world, the application of the criminal had to be firm, but remains selective and liver - liver. The right to vote and be elected to public office is one part of human rights, remove, eliminate or negate the rights of citizens as a whole even though through the verdict is a violation of human rights.Key Words: Corruption, Criminal Supplementary Revocation Political Rights, Human rights.
PENEGAKAN HUKUM PELANGGARAN MODIFIKASI TANDA NOMOR KENDARAAN BERMOTOR BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN OLEH KEPOLISIAN SATUAN LALU LINTAS RESOR KOTA PEKANBARU IKA FELASTRI; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Traffic violation is a disregard for the rules of traffic carried by the vehicles that cause traffic accidents for other road users, both loss of life and injuries. Number sign violation modification of motor vehicles is a problem that is quite complex, due to the modification of the number sign motor vehicle is mostly done by societies that generally have a vehicle.The purpose of the study is to examine the enforcement of the law against modification Signs Number of Motor Vehicles, to determine the obstacles encountered in the enforcement of the law against modification Signs Number of motor vehicles and to know the efforts to overcome the constraints of law enforcement for the modification Signs Number of Motor Vehicles based under the Act number 22 Year 2009 Regarding Traffic and Road Transportation.From the research results can be concluded that problem. Law enforcement against modification Signs Number of Motor Vehicles implemented by the City Police Pekanbaru through two (2) attempts, by making efforts preventive and repressive efforts. Constraints faced is the shortage for the manufacture of Motor Vehicle Numbers Signs. Then intervention by unscrupulous people and law enforcement officers. Furthermore, the efforts made to overcome these obstacles is the way, providing temporary Motor Vehicle Numbers Signs, and do outreach to the community and law enforcement officials. Suggestions authors, law enforcement is expected to mark number of Vehicle modifications to be maximized given the cultured use Signs modification Number of Motor Vehicles and more attention to the provision of sign making materials Number of Motor Vehicles.Keywords: Law Enforcement-violation-Signs Number of Motor Vehicles
KEDUDUKAN REKAM MEDIS DALAM PEMBUKTIAN MALPRAKTIK BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Sri Pagitnita Tarigan Sibero; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Health has a very important meaning for everyone. Health becomes something coveted by everyone. Many ways are then performed in order to stay healthy, ranging from the adoption of healthy lifestyles (as preventive measures), to go to the doctor when the disease (as a repressive). When a person's health is compromised, they will do a variety of ways to be healthy again as soon as possible. Treatment to the doctor is an option when a person (patient) suffering from a disease. The hope is that they experienced disease can be cured by the doctor. From the research results can be concluded that the position of medical records in malpractice is proving as documentary evidence as stipulated in Government Regulation No. 26 of 1960 on Oath pronunciation Doctor, Article 187 of the Criminal Procedure Code as well as evidence statements of the experts as defined in Article 186 Criminal Procedure Code. Medical records serve as one form of health care in accordance with the applicable standards in the field of health. Not made of medical records by physicians will lead to doctors could be dragged to court to account for his actions (negligence) and will get imprisonment or a fine as stipulated in Article 79 clause (b) of Law Number 29 Year 2004 regarding Medical Practice and administrative measures in the form of verbal warning, written reprimand to revoking licenses as provided for in Article 17 Regulation of the Minister of Health No. 269 of 2008.
EFEKTIFITAS TUGAS TIM PENGAMAT PEMASYARAKATAN DALAM MENCAPAI TUJUAN SISTEM PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU BERDASARKAN UNDANG - UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ROBERTO SIANTURI; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Society system that is founded by Saharjo said that purposes of prision criminal is in additional to losing freedom move, to educate prisioner to be repent, to educaye being good member of society. To achieve the goal of this society system is formed by society observer team who has the duty as to give suggestion about shape and coaching and guidance programme in doing society system, to make assesment on implementation of coachong and guidance programme and receive complaint and denunciation from citizens coaching people. In fact, in society organization class II A, Pekanbaru, the duty can not be yet served well and it can be known the benefit by citizens coaching people. The purposes of process of writing thesis is to know. First, how effectiveness the duty of society observer team in achieving purpose of society. Second, what are obstacles that is faced by society observer team in achieving the purpose of society system. Third, the effort that is done to overcome the obstacles that are faced by society observer tean in achieving the purpose of society systemThis research used kind of research Yuridis sosiologis that is seen by correlation between law and society. This research is done in society organization class II A pekanbaru, meanwhile population and sample is all of sides that relate with the problem that is researched. In this research, the source of data is used primer data, sekundar data and tertier data, technique for collecting the data in this research are interview, literature, and questionerBased on the result, there are three main things that can be concludedFirst, the implementation of duty of society observer team do not already work effectively. It is because the existence of society observer team that is less known by not only citizens coaching people but also wide society. So, in operating the duty, society observer team do not yet work maximal in achieving the purpose of society system. Second, the obstacles in implementing the duty of society observer team are qualitu and quantity of member of society observer team who is not enough, tool and infrastructure, and awareness of that prisioner.Third, the effort in overcoming the obstacles of implementation the duty of society system team is to carry on so that quality and quantity of member of society observer team in order to be able to answer defiances and problems that is appear, to being maximal using of routine calculation Lapas/ Rutan/ Cabrutan in m.a 250 to help the prisoner has low economy with coaching and guidance of citizens coaching people to follow rules and order of society system.Keywords: Effectiveness - Correctional - Society System
PELAKSANAAN PENYIDIKAN OLEH KEJAKSAAN TINGGI RIAU DALAM PERKARA TINDAK PIDANA KORUPSI TERHADAP KERUGIAN KEUANGAN NEGARA Novianti, Tri; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Indonesia is one of country with a number of corruption cases which is quite a lot. Literally corruption is something rotten , evil and destructive. Cases of corruption are generally difficult to describe because the perpetrators use sophisticated equipment and are usually carried out more than one person in a state of covert and organized. Such criminal acts in general , corruption is also through the completion of the investigation in the case. In the Criminal Code provisions that the prosecutor could not explain investigator. However , the corruption prosecutors are empowered to become investigators and investigate a case of alleged corruption .In the cases crime of corruption are the provision of Article 25 of Law No. 31 of 1999 on Corruption Eradication in which the core of the article is "against all corruption cases, including the completion of an investigation, take precedence over other cases to completion as soon as possible". But the reality in the field, corruption is always long in the process of completion . Implementation of the corruption investigation conducted by the prosecutor as investigator will experience problems in conducting the investigation. Not all investigations proceed smoothly and in accordance with the procedures and regulations, related to its duties and powers as corruption investigator.Key Words: Investigation – Criminal - Corruption
KEPASTIAN HUKUM TERHADAP PELAKU TINDAK PIDANA DELIK BIASA YANG DISELESAIKAN DENGAN MEDIASI ( STUDI KASUS KECELAKAAN LALU LINTAS YANG MENYEBABKAN KEMATIAN) Abdullah, Jamal; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Traffic accident often causes the accident both small or big scales, the small scale causes light injury while the death. It is ruled in Article 310 of the Act Number 22, 2009 regarding the Traffic and Land Transportation states that the settlement of the violation of the act is done through litigation. However, there is the settlement outside the court in the level of investigation by the police by restitution given by the violator to the victim that can be material or immaterial form. The settlement of non-litigation is not recognized in the criminal law but it can be found in the society.Traffic accident with caused the death of an ordinary offense, not a complanit based offense. In a sense, the law enforcement officers or police remains under an obligation to process the case even though no report of casualties and others, and even if the perpetrator and the victim’s family has made peace efforts, but the legal process continues.Keywords: criminal act - traffic accident - mediation
PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI BERDASARKAN PERATURAN PEMERINTAH NOMOR 99 TAHUN 2012 TENTANG SYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN DIKAITKAN DENGAN HAK ASASI MANUSIA TERPIDANA Adhani, Yuni Aditya; ', Erdianto; ', Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Republic of Indonesia is state based on law. The purpose of law is to reach the better life in society. If some one do something which is crime, then he will be punish. Basically the punishment is not only to give affliction to one person or more but there is a guidance from the state. Punishment to criminal carried in correctional institution.In corecctional institution, convicted criminal here right appropriate with Subsection 14 clause (1) latter i Undang-Undang Nomor 12 Tahun 1995 about Pemasyarakatan that at one of rights for convicted criminal is get reduced period the (Remition). Remition given is the convicted criminal rights that have to give from state if the convicted criminal already fulfill the reguirement that has been specified in the regulation.But in the Peraturan Pemerintah Nomor 99 Tahun 2012 about Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan has been strictly about remition given to corruption case convicted criminal, this point is prejudice those convicted criminal. This case related with yurisdiction wich is the function of correctional institution do founding in order to the convict criminal can get their right which is the remition appropriately with correctional system in Indonesia.Stricting the remition given to corruption case convicted criminal are not suitable with the lex of human right. One of example is contradict which is in constitution state in “every one has the right to get equality before the law and get legal certainty and same treat before the law”.Key Words : Remition – Corruption Case Criminal – Human Right
PENERAPAN GANTI KERUGIAN TERHADAP TERDAKWA YANG DIPUTUS BEBAS BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DI PENGADILAN NEGERI PEKANBARU Flora Veronika; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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The compensation is the right of suspects, accused and convicted as an embodiment of human rights, the dignity and the dignity of one of them is accused acquitted. Pekanbaru District Court there are many defendants were acquitted however, there was never any claim for damages. The purpose of this research are: first, to know the settings in the application for damages against the defendant were acquitted by the Code of Criminal Procedure, second, to determine the obstacles encountered in the implementation of compensation against the defendants acquitted by the Book of the Law Criminal Procedure in Pekanbaru District Court, Third, to know the efforts made to provide legal protection for a defendant in the application for damages against the defendant were acquitted by the Code of Criminal Procedure in Pekanbaru District Court.From the research there are three main issues that can be inferred. first, the setting of the application for damages against the defendants acquitted been regulated in Article 95 of the Criminal Procedure Code, the Indonesian Government Regulation Number 27 of 1983 on the Implementation of the Code of Criminal Procedure and the Decree of the Minister of Finance of the Republic of Indonesia Number: 983 / KMK.01 / 1983 December 31, 1983 on Procedures for the Payment of Compensation. Secondly, the obstacle in the application of damages against defendants acquitted by the Code of Criminal Procedure in the District Court Pekanbaru such rules can no longer be maintained, a complicated process, the amount of compensation is too little, the accused felt free after free, compensation is not included in the judgment. Third, efforts are being made to provide protection against the defendants in the application for damages against the defendant were acquitted by the Code of Criminal Procedure in the District Court of Pekanbaru, it can be done effort, such as revising legislation, make its own rules more binding, socialize regulation to the public, include the right to damages in the verdict, revising the compensation body, held monitoring to observe the performance of the police and the prosecutor's. Advice Author, first, made its own more restrictive rules. Second, the existence of monitoring the performance of law enforcement officers. Thirdly, the right to damages included in the judgment.Keywords: Application-Compensation-Defendant-Convict

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