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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PENGATURAN PENYELESAIAN PELANGGARAN OLEH MEDIA MASSA TERHADAP PEMBERITAAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM Wati, Rita; Firdaus, Emilda; ', 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

Press in performing journalistic has the indepedence and freedom in the search for, acquire, store, process and convey information to the public to pay attention to children’s rights, because the news of the identity of the child in both the media print and electronic media could have an impact not good for the growth and development of children physically, mentally or socially. The rule of law that gives sanction to the mass media or press a violation has been significantly reinforced in the law number 40 of 1999 on the press. The purpose of this research is to know how the actual settlement and sanction in case of violations committed by the media towards releasing the identity of the children in conflict with the law. The results on this study that settlemen can be trough Article 5 of the right to respond and Article 15 on the press council, as well as snction against the mass media is in violation of criminal sanctions fine of reprimands, a warning or moral sanction an apology publicly. The effort, which is expected that the media or press in this news should respect the rights and obligation to disseminate information or news accurately and balanced. In the sanction of law number 40 of 1999 on the press to clarify the position of the pers in the eyes of the law to the justice and legal certainty.Key words: Children - Press - Violations - Sanction
PENGATURAN PENYELESAIAN PELANGGARAN OLEH MEDIA MASSA TERHADAP PEMBERITAAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM Rita Wati; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Press in performing journalistic has the indepedence and freedom in the search for, acquire, store, process and convey information to the public to pay attention to children’s rights, because the news of the identity of the child in both the media print and electronic media could have an impact not good for the growth and development of children physically, mentally or socially. The rule of law that gives sanction to the mass media or press a violation has been significantly reinforced in the law number 40 of 1999 on the press. The purpose of this research is to know how the actual settlement and sanction in case of violations committed by the media towards releasing the identity of the children in conflict with the law. The results on this study that settlemen can be trough Article 5 of the right to respond and Article 15 on the press council, as well as snction against the mass media is in violation of criminal sanctions fine of reprimands, a warning or moral sanction an apology publicly. The effort, which is expected that the media or press in this news should respect the rights and obligation to disseminate information or news accurately and balanced. In the sanction of law number 40 of 1999 on the press to clarify the position of the pers in the eyes of the law to the justice and legal certainty.Key words: Children - Press - Violations - Sanction
PENGATURAN PENYELESAIAN PELANGGARAN OLEH MEDIA MASSA TERHADAP PEMBERITAAN IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM Wati, Rita; Firdaus, Emilda
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Press in performing journalistic has the indepedence and freedom in the search for, acquire, store, process and convey information to the public to pay attention to children’s rights, because the news of the identity of the child in both the media print and electronic media could have an impact not good for the growth and development of children physically, mentally or socially. The rule of law that gives sanction to the mass media or press a violation has been significantly reinforced in the law number 40 of 1999 on the press. The purpose of this research is to know how the actual settlement and sanction in case of violations committed by the media towards releasing the identity of the children in conflict with the law. The results on this study that settlemen can be trough Article 5 of the right to respond and Article 15 on the press council, as well as snction against the mass media is in violation of criminal sanctions fine of reprimands, a warning or moral sanction an apology publicly. The effort, which is expected that the media or press in this news should respect the rights and obligation to disseminate information or news accurately and balanced. In the sanction of law number 40 of 1999 on the press to clarify the position of the pers in the eyes of the law to the justice and legal certainty.Key words: Children - Press - Violations - Sanction
Disparitas Putusan Hakim Dalam Perkara Nomor 122/Pid.B/2005/PN.PYK Dengan Putusan Nomor 57/PID/2006/PT.PDG Putra, Nugraha Azel; Effendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

In 2005 at Payakumbuh City, West Sumatra threre was an uproar case, a premeditated murder of a Japanese citizen named Tomoko Ishizawa aka Mochhi. In this case there was a disparity the country court decision and the high court decision, which is the decision numberd 122/Pid.B/2005/PN.Pyk convicted 20 years in prison while the decision numbered 57/PID/2006/PT.PDG convicted the death penalty. The problems are how the judge consideration in deciding conviet for the first level and the higher one, and whether factor that cause the dicision disparities in the decision numbered 122/Pid.B/2005/PN.Pyk and the decision numbered 57/PID/2006/PT.PDG.After the research by using descriptive or normative legal research, data sourees supported by three legal matcrials which is primary data, secondary data and tertiary data, while the data collection teehniques were the study of literature, decisions and legislation relating to the discussion. After the data were collected then analyzed qualitatively to address problems in this script and the conclusions were deductively taken.Based on the results of research that the judge consideration of the high court focused on the judgment against the defendant and denied the considerations that relieve the defendant in the country court. The high court judges convicted the death penalty based on the maximum sentence of Article 340 of the KUHP, while country court judges convicted 20 years in prison based on the minimum sentence of Article 340 the KUHP. Then the factors that lead to disparities in the decision numbered 122/Pid.B/2005/PN.Pyk and the decision numbered 57/PID/2006/PT.PDG were grouped into 3 sections based on the sources which is the legal system and the philosophy of punishment, the of the judge and the defendant.
PENEGAKAN HUKUM OLEH KEPOLISIAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN PUKAT HARIMAU (TRAWL) DI WILAYAH PESISIR KABUPATEN BENGKALIS. Elsera Yozani, H Riyanda; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Bengkalis Regency waters is known for the marine resourches, especially fisheries. It causes a lot of Indonesian and foreign fisherman who fish in these waters illegally. Law enforcement againts criminal offense for the using of the trawl in Bengkalis regency has not been able to be conducted well, because of the obstacles faced by the law enforcement both in the field and those that are technical and non-technical. The purpose of this research is to investigate the implementation of law enforcement againts againts criminal offense for the using of trawl according to Undang-undang No. 45 Tahun 2009 on fisheries in Bengkalis Police Resort, to determine obstacles in the implementation of law enforcement againts the criminal act, as well as to know the efforts made to overcome the obstacles.This research was conducted by using sociological research. The data used in this reasearch is primary data (data obtained directly from respondents through interviews. The primary data is in the form of factors that cause criminal acts in the fisheries area of Bengkalis Police Resort Jurisdiction). The data collection technique in this research is: interview, that means conducting direct interviews technique with responndents regarding the problems studied.The implementation of law enforcement againts criminal offense for the using of pukat harimau is done by both preventive and repressive acts. But in reality, the law enforcement in the field of fisheries has not yet received a bright spot in revealing any criminal offense for the using of pukat harimau. The writer suggests that, first, in conducting law enforcement againts criminal offense for the using of trawl the Police must increase the number of Police personnel because of the breadth of the territorial waters of which covers ine district, second, in facing any crime that occures the Police needs to add more facilities and infrastuctures required to carry out law enforcement, third, the law enforcement againts criminal offenses in Bengkalis is a common responsibillity, then law enforcement must go hand in hand with coastal communities and coordinate well so that a criminal offense for the using of trawl can be minimized.Keywords: Implementation-Enforcement-Criminal Act-Trawl-Police
Penegakan Hukum Terhadap Pelanggaran Penggunaan Sirene dan Lampu Rotator Oleh Polisi Lalu Lintas Resor Kota Pekanbaru Hamonangan S., Jamri Tumpak; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Everyone in Indonesia using a motor vechicle to facilitate it’s activities and facilitate the move from one area another. During it’s development, the automotive industry in the world are increasingly sophisticated and equipped with additional features to modify the vehicle, such as sirens and lights rotator. Whereas for the use of sirens and lights rotator already regulated in Pasal 59 paragraph (5) of Law Nomor 22 of 2009 on Road Traffic and Road Transport. The purpose of this thesis are: First to find out enforcement against violations of the use of sirens and light rotator by the Traffic Police Resor Pekanbaru, two to find out the barriers in law enforcement againts violations of the use of sirens and lights rotator by the Traffic Police Resort Pekanbaru, and third to know the efforts made to overcome the barriers in law enforcement againts violations of the use of sirens and lights rotator by the Traffic Police Resort Pekanbaru.This type research used in this research belongs to sociologi research. This research was conducted in the city of Pekanbaru. Data collections techniques are using interviews, questionnaires, and literature study. Population and sample is the parties associated with the overall issue of this study. Analysis of the data used is the qualitative techniques by means of deductive inference.From the research that enforcement against violations of the use of sirens and light rotator by traffic police resort town of Pekanbaru has been done although the results are not optimal. Barriers in law enforcement againts violations of the constraints of law enforcement, facilities and infrastructure constraints, constraints of awarenes and compliance with community law. Efforts made in law enforcement against violations of the use of sirens and lights rotator by traffic police resort Pekanbaru disseminations, legal education to the community, a firm stance of the leadership of the members who impede law enforcement proces.Keywords: Implementation - Law Enforcement - Sirens and Lights Rotator
PENEGAKAN HUKUM PEREDARAN ROKOK ILEGAL TANPA CUKAI BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2007 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 1995 TENTANG CUKAI DI WILAYAH HUKUM KANTOR PENGAWASAN DAN PELAYANAN BEA DAN CUKAI (KPPBC) TIPE MADYA PABEAN B KOTA Irwandi Syahputra; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Excise also known as state’s charge imposed for some specific commodities which have characteristics written in law, it functions as state’s income for the need of public welfare. The distribution of illegal cigarettes without excise in Tanjungpinang uses some operating mode such as the distribution of plain cigarettes without excise and the distribution of cigarettes in the free trade zone, until now none of the cases related to the distribution of illegal cigarettes processed in the trial. Hence, there are a lot of questions related to the cases and the public are wondering why the distributions seems so legal among the society even though there are some distributors that have been arrested. The objectives of this research are; first, the law enforcement of the distribution of illegal cigarettes without excise. Second, the obstacles found during the law enforcement of the distribution of illegal cigarettes without excise. Third, the efforts made to overcome the obstacles in law enforcement of the distribution of illegal cigarettes without excise.The conclusion of this research are; First, the Directorate General of Customs and Excise did some preventive actions such as conducting a law counselling, observation and patrolling, whereas in the repressive way they arrest the litigants, confiscating or prohibiting the distribution of illegal commodities and market operation. Second, the obstacles found during the law enforcement are internal factors such as lack of staffs and operational facilities. While, the external factors are the boundaries of free trade zone are not clear, role of society and small traders which is less and the difficulty in finding the illegal distributors of cigarettes. Third, the efforts made to fix the problems related to customs and excise are by proposing the addition of staffs in the Directorate General of Customs and Excise and adding the operational facilities. In addition, other external parts that have to be considerate are by improving the security of Sri Bintan Pura Tanjungpinang as an international harbour, patrolling and coordinating with The Indonesian Navy, raising the awareness, law-abiding and doing some observation with the intelligence team.The writer’s suggestions related to the problems of this research are; first, the writer hopes the solutions may reach the small traders and the distributors of illegal cigarettes without excise. Second, for the government as the policy maker may find some ways to make the boundaries of free trade zone become clearer. Third, the government can enforce the criminal sanctions of excise.Key Words: Law Enforcement – Distribution – Cigarette without Excise
EFEKTIFITAS POS BANTUAN HUKUM PENGADILAN SEBAGAI PEMBERI LAYANAN BANTUAN HUKUM CUMA-CUMA PADA PERKARA PIDANA PADA PENGADILAN NEGERI PEKANBARU RAJAGUKGUK, TODIMAN; ', Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Each of Indonesian society litigants in civil and criminal courts are entitled to receive legal aid services .. Legal Aid Post which was then known as Posbakum an existing post in every district court in Indonesia in shape by the Supreme Court of the Republic of Indonesia on duty to provide legal aid services to the underprivileged people who are blind to the law in court. The purpose of this thesis, namely: First, Service provision of legal aid by the Legal Aid Post as legal aid free of charge in the District Court of Pekanbaru, Second, obstacles to the implementation of the provision of legal aid by the Postal Assistance law as legal aid free of charge in case criminal in Pekanbaru District Court, Third, efforts made to overcome the obstacles the implementation of legal aid by the Legal Aid Post as giving free legal aid in Pekanbaru District Court..From the results of research and discussion, there are three main things that can be inferred. First, the district court legal aid Posbakum giving free legal services in criminal cases in the district court partially Pekanbaru running legal services and other legal services has never been implemented. Second, in the implementation of the provision of legal services encounter obstacles. Third, efforts were made in overcoming obstacles to the implementation of the provision of free legal services to the community can not afford in Pekanbaru District court is melakasanakan effort to minimize bottlenecks in the provision of legal aid serv Posbakum Pekanbaru District Court. Suggestions, First ZIP legal aid providing quality legal services to the disadvantaged communities although faced with barriers which give rise to legal services is less effective and efficient; Second, the Giver of legal services at the court must further improve socialization or legal counseling to the community litigants in Court, Third, Giver of government and community legal services in order to work together again in the improvement of legal aid services.Keywords: Effectiveness - Posbakum- -Cuma Legal Aid Services of Charge
Pertanggungjawaban Pidana Korporasi Dalam Tindak Pidana Pencucian Uang Menurut Undang-Undang Nomor 8 Tahun 2010 Tentang Pencegahan Dan Pemberantasan Tindak Pidana Pencucian Uang Habibi, Muhammad; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Money laundering is a criminal offense which can cause a broad impact, especially in the field of economy. In addition to individuals, money laundering can also be done by the corporation. The purpose of this paper is first, to determine the forms of money laundering by corporations, secondly, to determine corporate criminal responsibility in the crime of money laundering in accordance with Law No. 8 of 2010 on the Prevention and Combating of Money Laundering.Writing this research uses normative law research that examines the legislation and the principles of law, namely Law No. 8 of 2010 on the Prevention and Combating Money Laundering and few regulations that exist in Indonesia, which refers to the Code OF THE Criminal Law. This research has a descriptive nature, which is a form of research that aims to create a picture of the problem. Source of data used is data sekunderyang consists of primary legal materials, secondary and tertiary. Datametode collection techniques literature studies or study documents such as books, magazines, journals and the legislation in force. Thus, this study has the relationship between the data contained either in the legislation or in the literature.From the research problem, there are two main things that can be inferred. First, the forms of money laundering by corporations is divided into three types, namely placement, pelapisandanpenggabungan. Second, the corporation can be sentenced to a basic form of criminal fines and additional penalty. If the penalty is not able to pay, then it can be replaced with the seizure of the property of the corporation and the corporation controlling personnel, and if insufficient, then the substitute imprisonment imposed fines against corporate control personnel. The first author's suggestion, the performance of the law enforcement field should be done carefully and thoroughly so as to avoid loopholes for perpetrators to escape unpunished. Second, to succeed the money laundering law enforcement, law enforcement officers in each line must process the corporation if the corporation is involved in money laundering.Keywords: Accountability Pidana- corporations-Laundering
Peranan Kepolisian Lalu Lintas Dalam Penegakan Hukum Terhadap Pelanggaran Lalu Lintas Yang Dilakukan Pengendara Sepeda Motor Di Wilayah Hukum Sektor Tampan Maxtry Parante; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Motorcycle used from the lower class to upper class. Lack of supervision of the police is one of the factors which caused the number of traffic offenses committed particularly motorcycle riders. Motorists assume that the regulations be implemented if the police are overseen. The purpose of this paper is the first, the role of Traffic Police Sector Handsome in law enforcement against traffic offenses committed motorcyclists in the jurisdiction of Sector Handsome, both barriers experienced by the Traffic Police Sector Handsome in law enforcement against traffic offenses committed motorcyclists in the jurisdiction of Sector Handsome, the third attempt by the Traffic Police Sector Handsome in overcoming the obstacles that arise in dealing with law enforcement on traffic offenses committed motorcyclists in the jurisdiction of Sector Handsome.This type of research dogolongkan in this type of sociological research, ie research on the effectiveness of the law being in force, the nature of this research is descriptive research that systematically describe, facts and characteristics of the object under study accurately. Penellitian was conducted in the jurisdiction of Sector Handsome, while the overall population and sample the parties relating to the issues examined in this study. Source of data used primary data and secondary data consists of primary legal materials, secondary and tertiary. Data collection techniques in this study with a questionnaire, observation, interview and literature study. Analysis of the data used is based on the description line qualitative and draw conclusions deductively that from the general to the particular.From the research problem, there are three main things that can be inferred. First, the role of the traffic police in the enforcement of the traffic violations committed motorcyclists in the jurisdiction of Sector Handsome done with pre-entif, preventive and repressive. Second, barriers experienced by the Traffic Police Sector Handsome in enforcement of the traffic violations committed motorcyclists in the jurisdiction of Sector Handsome comes from internal factors and external factors. Third, the efforts made by the Traffic Police Sector Handsome in overcoming the obstacles that arise in dealing with law enforcement on traffic offenses committed motorcyclists in the jurisdiction of Sector Handsome convening dissemination to the public, especially motorcycle riders in terms of order traffic. The first author's suggestion, the police force should improve its performance. Second, add a unit of traffic police personnel. Third, the traffic police working together with the community to make socialization or counseling.Keywords: Role-Police-Bike-riders motor- Traffic

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