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PENERAPAN SANKSI PIDANA MEMPEKERJAKAN ANAK DI BAWAH UMUR BERDASARKAN PERATURAN DAERAH NOMOR 4 TAHUN 2013 TENTANG PELAYANAN, PENETEAPAN DAN PERLINDUNGAN KETENAGAKERJAAN PROVINSI RIAU DI WILAYAH KOTA PEKANBARU Muhardi Rais; Erdianto '; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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In essence, children are not allowed to work because their time should be used to learn, play, fun, be in peace, get the opportunity and facilities to achieve its goals in accordance with the development of physical, psychological, intellectual and social. But in reality many children under the age of 18 years who has been actively involved in economic activity, child labor, among others in the industrial sector on the grounds of economic pressures experienced by their parents or other factors. Based on this understanding, it is this thesis formulated three formulation of the problem, namely: first, how the enforcement of criminal sanctions For Law Firm or Individuals Employ Minors in Pekanbaru City area? second, what are the obstacles in applying criminal sanctions Regional Regulation No. 4 of 2013 in the city of Pekanbaru a gap for some elements that employ minors?The research method in this study, this type of research is sociological and legal research is descriptive. The research location is in the city of Pekanbaru. Source of data used is primary data source, and secondary. Third, the data collection techniques used were interviews and review of the literature. After the data collected then analyzed qualitatively, then draw conclusions with deduktitf thinking method is to analyze the problems of the general form into special shapes.Keywords : Legal Protection - Child Labor - Pekanbaru

Tinjauan Yuridis Terhadap Pertanggungjawaban Pidana Bagi Seorang Psikopat Dalam Tindak Pidana Pembunuhan Ega Septianing Yudhiati; Erdianto '; Ledy Diana
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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Crime in the community is currently in a state of fret. of the many types of crimes, murder which lately often occur. a lot of things behind someone commit robbery to murder them a sense revenge .from some homicides that occurred, can not be said again as an ordinary murder because not only kill the perpetrators also take action in the author's view is too cruel, that mutilated the victim's body and even in some cases the author analyzes motive for murder just because of jealousy. There are killers who have a symptom that indicates that someone is experiencing imbalances or failure in aligning urges constructive and destructive in itself, often called a psychopath. Psychopaths also no mention of a madman without mental disorders.In accordance with the above description, the writer interested to do research under the title Against Judicial Review of Criminal Liability For A Psychopath In Crime Murder. Then to find out how the criminal liability and punishment on the perpetrators of the crime of murder committed by a psychopath. The last to know the limits of the law a person can be said to be a psychopath.Results of the discussion in this paper is, first, that the criminal liability and punishment on the perpetrators of criminal acts committed murder psychopaths can account for his actions before the law under Article 338 of the Criminal Code. Then the perpetrators of the murder by category psychopaths can not be categorized as a lunatic or a disability of his soul, because he still has the power of thought in a healthy and stable, so it can be sentenced to criminal seseuai with the rules of the Code of Criminal prevailing in Indonesia at this time.Keywords: Accountability, killing, psychopathic

Tinjauan Yuridis Terhadap Pertanggungjawaban Pidana Bagi Seorang Psikopat Dalam Tindak Pidana Pembunuhan Yudhiati, Ega Septianing; Effendi, Erdianto; Diana, Ledy
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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Crime in the community is currently in a state of fret. of the many types of crimes, murder which lately often occur. a lot of things behind someone commit robbery to murder them a sense revenge .from some homicides that occurred, can not be said again as an ordinary murder because not only kill the perpetrators also take action in the author's view is too cruel, that mutilated the victim's body and even in some cases the author analyzes motive for murder just because of jealousy. There are killers who have a symptom that indicates that someone is experiencing imbalances or failure in aligning urges constructive and destructive in itself, often called a psychopath. Psychopaths also no mention of a madman without mental disorders.In accordance with the above description, the writer interested to do research under the title Against Judicial Review of Criminal Liability For A Psychopath In Crime Murder. Then to find out how the criminal liability and punishment on the perpetrators of the crime of murder committed by a psychopath. The last to know the limits of the law a person can be said to be a psychopath.Results of the discussion in this paper is, first, that the criminal liability and punishment on the perpetrators of criminal acts committed murder psychopaths can account for his actions before the law under Article 338 of the Criminal Code. Then the perpetrators of the murder by category psychopaths can not be categorized as a lunatic or a disability of his soul, because he still has the power of thought in a healthy and stable, so it can be sentenced to criminal seseuai with the rules of the Code of Criminal prevailing in Indonesia at this time.Keywords: Accountability, killing, psychopathic

PENERAPAN MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PERKELAHIAN MENURUT HUKUM ADAT KAMPAR Ismi Anandita; Erdianto '; Rahmat Hendra
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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The republic of Indonesia is a state law, in view of life based on Pancasila as a philosophy of the country. Indonesia is a state of the republic with the constitution of 1945 as a legal basis. Of the republic of Indonesia consists of various tribes, so make the nation of Indonesia has a variety of language, culture, rase, and customs. The cultural values is the most high and most abstract of customs. That’s because the values of that culture is the concepts of what life in the mind, most of the citizens of something the public about what they consider valuable, precious and most impirtant in life, so it can serve as a guideline that gives direction and orientation to the life of the people. In addition to the national law, in the middle of the public is growing and developing a system of law, which comes from an existing habit in the community are down from generation to generation. The habit of this is what evolved into a provision called the customary law.In Indonesian positive law, criminal cases here to be resolvedin court. However, in special cases these can be solved. Outside court for example is penal mediation, as alternative solution in costumary law in Kanagarian Kuok. Completion of the criminal case through a process outside the court today increasingly frequent and can be accepted by the public because it is felt more able to reach a sense of justice although legal experts view that mediation can only be implemented in a civil case is not to resolve the criminal case because in principle criminal case can not be resolved through process aoutside the court.In the of completion fighting criminal case is still adhering mediation that using kinship by deliberation for reaching dicision based on customary law that condicted by intermediation pemangku adat. With the criminal offense of mediation in the settlement of a fight in Kenagarian Kuok, then eliminated criminal sanction against him because people in Kenagarian Kuok more respect customary law and if a criminal case has been resolved through customary law in the national criminal law is not used anymore.Key Words: Penal Mediation - Fight – Customary Law

PERAN SATUAN LALU LINTAS KEPOLISIAN RESOR KOTA PEKANBARU DALAM MENANGANI MASALAH PELANGGARAN RAMBU LALU LINTAS DILARANG PARKIR DI KECAMATAN PEKANBARU KOTA Tomi Jefisa; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Each person uses a motor vehicle to facilitate its activities to mobilize or move from one place to another in everyday life, be it a two-wheeled vehicle or four wheels. Motor vehicle is any vehicle that is driven by mechanical equipment such as engines other than vehicles running on rails. As motorists must give priority to the safety and comply with the applicable regulations in accordance with the provisions in force in the State Indonesia. Pursuant to Article 106 paragraph (4) (a) and letter (e) of Law Number 22 Year 2009 regarding Traffic and Road Transportation. The research objective of this thesis, namely; First, to determine the role of Pekanbaru City Traffic Police, Second, To know the constraints faced by the City Police Traffic Pekanbaru, Third, To know the efforts made by the City Police Traffic Pekanbaru.Keywords: Role - Traffic Unit - No parking signs

Penegakan Hukum Terhadap Pengemis Di Muka Umum Berdasarkan Pasal 504 Kitab Undang-Undang Hukum Pidana Oleh Kepolisian Resor Kota Pekanbaru Rut Lamria Kristina Tambunan; Erdianto Effendi; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Activity of begging in public is one of social illness need to be prevented and tackled because impact of implementation is a disruption of public order. As a state apparatus implement function of law enforcement, maintenance of security and public order and to protect, shelter and community service, The Police on duty to prevent and tackle the crime of begging. The problems in this thesis are how is arrangement of the crime of begging in positive law in Indonesia, how to applying of implementation on The Police tackle crime of begging and what are obstacles of The Police tackle the crime of begging. In the positive law in Indonesia, both regulated by article 504 Criminal Code and regulated as set out in Government Regulation 1980 Number 31 about Combatting Homeless and Beggars, all of define beggars as public order offense that in the practice need to be prevented and tackled.The purposes of writing this essay are; first The implementation of the enforcement of the law against beggars in public based on Article 504 Criminal Code by The Police Resort Town of Pekanbaru, second, any obstacles faced by The Police Resort Town of Pekanbaru. The type of research is classified on sociological legal research is looked at effectiveness of law in force by looking correlation between law with society, so it can reveal effectiveness of the rule of law in the society.Result of studies of this essay are: first, the enforcement of the law against beggars in public based the Article 504 Criminal Code still not has been effectively, evidenced by the number of beggars is found at the intersection of Arengka Market, Mall of SKA, Arifin Ahmad street and under the flyover at Sudirman street but none given criminal sanctions while begging in public area is included in a criminal offense. Second, obstacles faced in enforcing the law against begging in public are lack of knowledge by The Police Resort Town of Pekanbaru about The Article 504 Criminal Code and to assume a more dominant beggars is handled by Department of Social of Pekanbaru and Civil Service Police of Pekanbaru.Keywords: Enforcement of Law, Begging in public.

KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA PHEDOFILIA Reha, Febby Rahmad; Firdaus, Emilda; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Children as creatures of God Almighty and social beings, from conception until birth has the right to life and independence as well as better protection of parents, family, society, nation and country. Therefore there is no man or any other party depriving the right to life and the maedeka including the the Phedofil. Phedofilia is a form of sexual disorder that perpetrators are trying to get sexual pleasure in a way that is not fair. Children who are victims are generally aged under 12 years. Besides the psychic, Phedofilia cause physical injury. But it is nothing compared to the fear, distress, stress and trauma are feared causing the child difficulty adapting to the social environment surrounding Based on this understanding, it is this thesis formulated two formulation of the problem, namely: first, how Policy Criminal Law In Response Follow Criminal Phedofilia? Secondly, whether the penalties for perpetrators of criminal acts Phedofiliasejalan with the purpose of punishment and Human Rights?Keywords: Criminal Law Policy - Crime -Phedofilia

PENERAPAN DISKRESI OLEH SATUAN POLISI LALU LINTAS DI WILAYAH HUKUM KEPOLISIAN RESOR PAYAKUMBUH Wistya Tri Vani; Erdianto '; Rahmat Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Discretion is the authority of the police to make a decision or choose different actionsin resolving issues of law violations or criminal cases are handled. Discretion became one ofthe alternatives in criminal cases penyelesasian traffic. The increasing number of residents inthe District Fifty Cities affect the number of vehicles are also increasing proportional to theincreasing traffic violations that occurred, the crime of traffic recorded at the PolicePayakumbuh in 2015 to handle 132 criminal cases traffic and 88 case settled throughdiscretion. Implementation of discretion in a professional manner and in accordance with thecode of police ethics becomes a necessity for police to avoid abuse of office. Discretionrequire an adequate level of intelligence in making decisions. In this case the humanresources (HR) law enforcement plays an important role of the contents of law products.Keywords : Implementation-discretion-Traffic Police Unit

PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH GURU DI LINGKUNGAN SEKOLAH BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK ', Nurcholis; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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In Indonesia, the persecution of a teacher to the students in the schooloften happens because there are some reasons is about discipline and educatethat cause physical and psychological injuries. Type of abuse carried out by theteacher to his students as throws with eraser, ruler, dried in the field, dijewer andbeaten. Besides, the students also experienced psychological violence in the formof a shout and cuss words, like a dumb, stupid, skinny, skinny and so on. Casesthat occurred in the city of Great Wood, who committed the crime of persecutionagainst the fourth grade students in the State Primary School 2 Talbot District ofPedamaran Ogan Ogan Ilir on behalf of Hj. Ruslaini, S.Pd bint H. Hashim withthe Indictment No. Reg Case: PDM - 154 / K / Euh.2 / 07/2015, and the CriminalDecision No. 354 / Pid.sus / 2015 / PN Kag.Based on the research that the completion of the criminal acts ofpersecution carried out by teachers in schools based on Law No. 35 of 2014concerning amendments to the Law No. 23 of 2002 on the protection of children,especially children who is a pupil in the school when it became a victim ofpersecution conducted by teachers has been governed by Article 54 and Article 80of Law No. 35 of 2014 concerning amendments to the Law No. 23 of 2002 onChild Protection, after the regulations protect students in the school environment,teachers are unwilling to reprimand if the student made a mistake due to strictsanctions of the Law on Child Protection, while the efforts of the schools provideguidance to all teachers to establish the concept of educational child-friendly, theteachers discuss and establish agreements with students about the rules forstudents that are not orderly , socialization order for the students, forming acontainer socialization and regular communication with the parents, childfriendlyschool concept in every curriculum.Keywords : Settlement - persecution - Teachers - School

ANALISIS YURIDIS TENTANG PRAPENUNTUTAN DIKAITKAN DENGAN HAK ASASI MANUSIA TERSANGKA Nadya Lestari Tua Manullang; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Alternating behind the prosecution of the case file to the investigator so contrary to the interests of the suspect or the principles of justice are fast, fair, free, simple, and inexpensive. The purpose of this thesis, namely: First, To Can Know In Prapenuntutan Problems Associated With Human Rights of Suspects, Second, To Know Settings Can Prapenuntutan In Criminal Case, Third, Can Knowing Due To Legal Prapenuntutan Against Investigation and Public Prosecution. This research uses normative juridical research method, the research done by first examining the materials library of the law relating to pemasalahan or study of regulations is standard / recorded, whereas the data source used, primary data, secondary data, and data tertiary, data collection techniques in this research with the study of literature or study methods documentary. From the research there are three main issues that can be inferred. First, the problems in prapenuntutan associated with the human rights of suspects, that there are no settings to how many times prapenuntutan can be done. The absence of sanctions for investigators when the case file is not submitted to the public prosecutor. Secondly, setting prapenuntutan in criminal cases, while the settings are: the Code of Criminal Procedure which consists of Article 8, Article 14, Article 109, Article 110, Article 138, Article 139, Explanation of Article 30 of Law No. 16 of 2004 About Kejasaan, Attorney General of the Republic of Indonesia Regulation No. PER-036 / A / JA / 09/2011 on Standard Operating Procedures (SOP) General Crimes Case Management. Third, the result of Prapenuntutan Law Against Investigation and Public Prosecution, while the consequence that in the conduct of the police arrest should not be mistaken. The possibility of errors arrest may occur because the arrest was no reason authorized by law, Saran writer, first, should the Criminal Code should provide an explanation of the notion prapenuntutan the second Neither investigators nor prosecutors must be able to resolve the case files as possible in accordance the time limit prescribed by the law, third, So that there is no case files back and forth between the public prosecutor with the investigator, here the necessary firmness of the law enforcement agencies in order to carry out his duties can be as determined by law.Keywords: Prapenuntutan - Human Rights - Suspect

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Riau

INDONESIA