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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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Penyidikan Tindak Pidanan Eksploitasi Anak Di Kepolisian Resor Kota Pekanbaru Berdasarkan Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak Mhd Syukri; Erdianto Effendi; Widia Edorita
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

Chid is the greatest gift to the family, religion, nation, and state. Birth of a child is the forerunner of a new generation which is the successor to the ideals of national stuggle and human resources for national development. To protech the rights of the child is no specific legislation on child pretection money is a law number 35 of 2014 concerning amandments to the law number 21 of 2002 on child protection. One of the safeguards that the investigastion carried pliers investigator on the case child exploitation PPA is used to fulfill the rights of children as victims of crime in the case the investigator must provide services very satisfyingto victims of criminal acts of child exploitation, so that the victim feels right indeed been given to him. The purpose of this thesis, namely: first, to determine the police investigation conducted pekanbaru resort town. Second, obstacles encountered in the process of investigators in overcoming the obstacles that arise in the process of investigation of criminal exploitation of children in the resort city police pekanbaru.This kind of research can be classified into types of socio-juridical studies because in this study the authors conduted a study on in the location or place to learn to give clear and complete picture of the problem under study. Data source used, primary data, secondary data and data tertiary blunting technical in this study with interviews and literature review.The results of research there are three issues that can be inferred. First, that the investigations conducted by the investigator as not fit properly which has been stipulated in the law, so that the absence of a sense of dissatisfaction experienced by the victim or the victim’s family. Second, the obstacles encuntered in the process of investigation is a very difficult obstacle investigators in conducting the investigation, because the perpetrators can ascape, and difficult to ask for information from the victim. Third, the efforts of investigators in the interrogation of obstacles.Advice to investigators to be authors would handle the case against child exploitation, conduct investigations quickly, and soon finds the efforts to overcome obstacles and immediately won doublt such offenses.Keyword: Child, Exploitation, Investigation, Crime
FUNGSIONALISASI UNDANG-UNDANG NOMOR 1 / PNPS TAHUN 1965 DAN PASAL 156a KUHP TERHADAP TINDAK PIDANA PENISTAAN AGAMA DI INDONESIA IKHSAN '; Erdianto '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Criminal acts of defamation of religion stipulated in Article 156 and 156a of the Criminal Code, which criminalize whoever intentionally publicly issued a feeling or does something which is fundamentally hostility, abuse or desecration of a religion followed in Indonesia with the intention that that person no religion anything that Belief in God Almighty.Criminal acts of defamation of religion provided for in Article 156 of the Criminal Code, is one of the "haatzaai-artikelen" formulated by crime controversial, which issued a statement feelings of hostility, hatred or demeaning to the object of the crime is, is the segment of the population, followed by an authentic interpretation.The purpose of this study How functionalizing Law No 1 / the 1965 and Article 156a of the Criminal Code Against Crime Blasphemy in Indonesia and Is Application of Law No. 1 / the 1965 and Article 156a of the Criminal CodeEffective in Addressing the follow-Blasphemy in Indonesia, From this study it can be concluded that the issuance of Law No. 1 / the 1965 in the handling of cases of religious defamation in Indonesia as a whole can not be received and run by all classes.Keywords: functionalizing, Law, Crime, Blasphemy
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU ASUSILA DALAM HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM RUSMADI AKBAR; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Based sources of law in Indonesia is that in confectionery cases of criminal offenses committed by children. Criminal policy as a form of public reaction to the problems of delinquency prevention is done by means of penal and non-penal. Prevention efforts with approaches that exist today does have a tendency to prefer the means of repressive approach as well as the imposition of criminal sanctions in the form of imprisonment is still very prominent, although its implications may adversely affect the future growth and development of a child's psychological and physical. The purpose of this thesis, namely: First, to know and understand the accountability of child offenders in the Criminal Code Positive sacrilegious and Islamic law. Second, to know and understand the application of the effort against child offenders wanton criminal responsibility in Indonesia for the future.This research is a normative legal research is a study that discusses the principle of exercising their punishment for children who do not criminal. The data source is the primary legal materials, secondary law, and tertiary legal materials. Data collection for normative legal research used literature study method or documentary studies. Is analyzed qualitatively analyzed the data by not using statistics or mathematics, or the like.From the results of this study, there are two main things that can be inferred First, Accountability child sacrilegious offenders in Criminal Law and Islamic Law Positive conducted various forms of punishment takzir described, then one punishment for perpetrators of sexual harassment can be applied. Takzir that sanctioned forms of punishment on perpetrators of sexual abuse must be in accordance with the form of sexual harassment, and the sentence is expected to give consciousness or lessons for the perpetrator so that he did not commit sexual harassment again. Second, implementation efforts against child offenders wanton criminal responsibility in Indonesia for the future can be sanctioned absolute very essential. Connection with the crime issue of decency, the addition to the sanctions also imposed fines or flogging were imposed actors or doers.Keywords: Accountability, Criminal, Child, Actor, immoral
PERANAN POLISI LALU LINTAS DALAM MENGAWASI PENGGUNAAN HELM OLEH PENGENDARA SEPEDA MOTOR DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Laili, Mayzatul; Indra, Mexsasai; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

The use of a helmet is an obligation for the safety of motorists, it is set in article 57 of the Act number 22 in 2009 that supplies of motor vehicles for a motorcycle helmet is a Standard National Indonesia (SNI). But there are still many motorists who break the law and do not understand the importance of using protective tool head while riding his motorcycle in the town of Pekanbaru.The purpose of this study, to find out the role of the police traffic in overseeing the use of helmets and to know the obstacles faced by traffic police in law enforcement against violations of the use of helmets as well as to know the settlement effort conducted by the traffic police against violation of the use of helmets by motorcyclists in the region Police Law of the resort city of Pekanbaru.This research was conducted by using the approach of observation research that is by way of a survey or review the immediate kelokasi research using data that is collecting interviews, then the method used is a sociological researcher with a view of the study of documents and studies field. While the nature of this research is descriptive research, namely the author tried to give an overview in detail about the role of the Police traffic in overseeing the use of helmets by motorcyclists in the region Police Law of the resort city of Pekanbaru.From the results of the research there were three basic problems that can be inferred. First, the role of the Police in the region of Soweto City resort of the law against the duty of every motorist should use helmets. Prevention efforts by giving the Socialization and education of traffic as well as providing warnings about the importance of complying with traffic signs. Second, restricting factors faced by traffic police in law enforcement against violations of the use of Helmets from internal factors at the time of carrying out law enforcement in the city of Pekanbaru in the exercise of his duties and external factors occur due to the very low legal awareness of motorcyclists in the city of Pekanbaru. Third, breach of the obligation of Prevention Efforts wear a helmet every motorist is very important as prevention of occurrence of kecelaakaan traffic. the rule of law governing the liability of using a safety helmet drive had been issued but in practice many still motorists who ignore the regulations. The authors suggestion, first, the role of the police in the legal obligation of meneggakkan wear a helmet shall be executed in accordance with the provisions of the applicable legislation. Second, the head of the Police Traffic Unit of the resort town of Pekanbaru is necessary to increase public awareness of the obligation to wear a helmet. Third, To motorists in order to obey the obligation to wear a helmet to avoid road accident luntas.Key words: the role of the Police-the use of helmet-Motorcycle Riders
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA PEMALSUAN SERTIFIKAT TANAH DI WILAYAH HUKUM KOTA PEKANBARU Putra, Dondy Permana; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Land certificates issued by agencies of the National Land Agency, or BPN have signs or traits that have so hard to forge its own identity in any official document issued by BPN. Confidentiality and authenticity in official documents BPN, maintained quality through special safeguards contained in the document. Can be in the form of the use of special paper, sealing tape, use of special inks, and so forth. The function of different types of safety is to prevent crimes related to forgery of documents. Thus, when there is a suspicion of allegedly false land titles, can be analyzed in a way comparable to the original document that has the security standards. But with technological advances handful of people who abuse the existing technology by making it a crime to the means. One of them is falsification of land titles.The purpose of this thesis, namely; First, to determine the role of the police as well as the relevant parties to the crime of counterfeiting law enforcement certificate of land in the resort city of Pekanbaru police law. Second, to find out why the occurrence of the crime of falsification of certificates of land in the resort city of Pekanbaru police law. Third, To know the efforts made by the police and other interested parties on the prevention of the crime of falsification of certificates of land in the resort city of Pekanbaru police law.This type of research is a juridical sociological research, because the author directly examine the problems that occur. This research was conducted in the City Police Pekanbaru, while the sample population is a whole party 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 interviews, literature study and observation.From the research there are three main issues that can be inferred. First, many cases of forgery of certificates in the city this pekanbaru which has not been revealed or reported. Second, the internal and external factors that hinder enforcement of the law against the crime of counterfeiting this certificate, the lack of evidence, lack of testimony from witnesses as well as well as the lack of clarity about the status of the land. Thirdly, the intention of seeking its own advantage by falsifying land titles be causing the crime of falsification of this certificate. Suggestions writer, first, it must improve the performance of Pekanbaru City Police in dealing with the crime of forgery of certificates. Secondly, facilitates finding info on the status of land and checking the authenticity of land titles in the National Land Agency.Keywords: Law Enforcement - Crime - Fraud - Certificate
KEWENANGAN JAKSA MENGAJUKAN PENINJAUAN KEMBALI TERHADAP PUTUSAN YANG TELAH MEMPEROLEH KEKUATAN HUKUM TETAP DALAM SISTEM PERADILAN PIDANA Rifdah Juniarti Hasmi; Erdianto Effendi; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Abstract

Reconsideration is one of extraordinary law efforts, based Article 263 paragraph (1) Criminal Procedure Code states that only the convicted person or his heirs can submit a reconsideration. Fundamental philosophy of this states based on that country has miscarriage justice the civils who doesn’t to be sinful and can’t repaired by the ordinary law efforts. But, in criminal justice practices, remedy reconsideration may be filed by the public prosecutor. The purpose of this study, to determine the urgency of the committee reconsideration in Indonesia, to determine the meaning of fundamental philosofi in Article 263 Criminal Procedure Code to give emphasis that only the convicted person or his heirs can submit a reconsideration, to determine the Rights of the public prosecutor asking reconsideration the decision of the judge who already have permanent legal force in positive law’s Indonesia. This type of research is a normative legal research or can referred to as the doctrinal legal research. The results of this research is, The urgency of the committee reconsideration for enforced law to reach a justice for the convicted person or his heirs toward a decision of the judge who already have permanent legal as one of efforts can be able to endure by the convicted person or his heirs can submit a reconsideration, Article 263 paragraph (1) Criminal Procedure Code to give emphasis that only the convicted person or his heirs can submit a reconsideration as redeeming the contry sinful to the convict, the Rights of the public prosecutor asking reconsideration in positive law’s Indonesia there’s no a regulation about it and there’s no a prohibition to do that.Keywords : Reconsideration-Public Prosecutor-Criminal Justice System
TINJAUAN YURIDIS EKSEKUSI MATI UNTUK WARGA NEGARA ASING DAN KAITANYA DENGAN HUBUNGAN INTERNASIONAL INDONESIA DENGAN NEGARA LAIN Natalia Desi Wulandari; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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The death penalty as one of the main criminal contained in article 10 of the Code of Penal always been an endless debate to this day. Others argue the pros against the death penalty and many cons. Especially it concerns the implementation to foreign nationals, where many countries that do not agree with the death penalty, particularly the socialist countries. Most of the socialist countries abolished the death penalty on the grounds of protection of human rights, according to the UN declaration of 1975 on guarding everyone from the tortured or treated or punished in a cruel, inhuman and debased. Moreover.The objectives to be accomplished author in this study are to determine the procedures for the execution of foreign nationals, to know the reaction of the countries in the world to die for the execution of foreign nationals in Indonesia and to determine the effectiveness of the death penalty in the world. This study is a normative legal research, the research uses the literature study will be concluded so deductively. Namely the conclusion initiated by the things that are common to the things that are special.While the results of this research will explain about the definition of a link between the death penalty and executions of human rights in relation to Indonesia as a state of law and the status of the death penalty in Indonesian positive law and historical procedures for executions in the world. Besides the core of this study is that the authors will explain the procedure of execution for foreign nationals in Indonesia are regulated in Presidential Edict No. 2 of 1964 which is also listed in the State Gazette No. 38 of 1964 on the Procedures for Execution of Death in the Region General Court and the Court military, the reaction of countries in the world, especially Australia, Brazil and France .Keywords: Execution Dead, foreigners, International Relations
KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DALAM MELAKUKAN PENANGKAPAN (KAJIAN ATAS BEBERAPA PUTUSAN PRAPERADILAN) Buana, Yudha Cakra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Impementation of the arrest conducted by investigator of official the civillians in the field of forestry as in the pretrial number 02/PID.PRAP/2014/PNJKT.PST, number 10/Pid.Pra/2009/PN.PTK, and number 01/Pid.Pra/2009/PN.Siak not in accordance with applicable regulations and caught applying for a preliminary hearing on the arrest him. The problem in the thesis this is how the authority officials investigating an emplaye of the country’s civil of forestry and doing the arrest and how conciderations of pretrial in accesing the authirty of the investigators of officials in comfornity with the rule of law.After a study by using the method of descriptive or research of the law already that the normative, the source of data is supported by three of the law already, namely the primary data, skunder and decision, after the data collected and analyzed in qualitatively to answer problems in the thesis and the of the conclusion in deducatif.Base on the result of the research that in the pretrial number 02/PID.PRAP/2014/PNJKT.PST and number 10/Pid.Pra/2009/PN.PTK judges declared that the arrests made by civil servant is not in accordance with the criminal procedure of law which has violated article 18 KUHAP of the criminal procedure code, while in the pretrial number 01/Pid.Pra/2009/PN.Siak is legitimate because the judge rejected the request and said the arrest of the applicant is legitimate because the judge is considering arguments which is for the applicant was caught directly in accordance with the article 18 omen (2) KUHAP.Keywords : Investigator Of Official The Civillians – Arrest – Pretrial
PENGATURAN PIDANA MATI DALAM UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PERMBERANTASAN TINDAK PIDANA KORUPSI DIHUBUNGKAN DENGAN HAK ASASI MANUSIA Yani, Rinda; Effendi, Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Corruption everyone who categorized against the law, committing to enrich themselves, enriching himself or another person or corporation. To combat corruption the government sets the maximum penalties in the form of the death penalty sentence. But in reality sentenced to the death penalty is never applied to the perpetrators of corruption. The purpose of this thesis, namely: first, to know the Criminal Dead regulated in Law Number 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication associated with human rights, second, to determine the settings death penalty connected with the purpose of punishment.This type of research can be classified into types of normative juridical research. Source of data used were obtained through three (3) legal materials, namely: primary legal materials, secondary and tertiary. The data collection techniques were done with literature.From the results of research and discussion, there are two main things that can be inferred. Firstly, Criminal dead regulated in Law Number 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication linked to Human Rights, that the regulation of capital punishment stipulated in Law No. 20 of 2001 Amendment OF No. 31 of 1999 because the Corruption is an extraordinary crime (extraordinary crime). Moreover, corruption is not only detrimental to the state finance but also harm society. If seen by the view of Human Rights Implementation of the death penalty for criminals, not a human rights violation. Secondly, setting capital punishment is linked to the aims of punishment can provide recompense to the perpetrator of the crime of corruption does. Besides the death penalty relationship with the purpose of punishment capable of improving public discontent as a result of the crime of corruption and the law Maintaining order in society and improve peoples lives due to such corruption. First authors suggestion, setting the death penalty in Act No. 20 of 2001 Amendment Act No. 31 of 1999 needs to be maintained because it basically does not violate human rights. Second, the purpose of punishment relationship with the death penalty should be the basis of a benchmark to improve the rules of law and peoples lives.Keywords: Criminal Setting Off-Corruption-Human Rights
PENYIDIKAN TINDAK PIDANA TERHADAP PEMAKAI NARKOTIKA YANG DILAKUKAN OLEH ANAK DI KEPOLISIAN DAERAH RIAU RENDI ARISANDI; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Children are the future generation, where the future of a nation looks, to children, because it’s so important for a child of nation. The Indonesian nation to make regulations o child protection regulated in law, number 22 of 2002 on the protection of children, until the chilo who commited a crime there are also laws that government law number 3 of 1997 on child’s justice. One example of case, children who commited the crime is Anggi Fernando and Wella Hasan, they are drug wers carried out by minors who were arrested by the police Riau area. Particulary the service unit direction of the regional police drug detective Riau. They were aristed by the police for being involved in cases at abuse narcotics. Where the handling of this case guided by the law court for custody of children and children separated from adult. But in fact they are combined whit adult, this is violate certainly the rights of the child set out in te child protection laws.Problem in this study are forms of effense stipulated in legislation narcotics, what are the rights of the investigation and what polise authority according to police law. The purpose of this research is to implement chikdren’s rights in the level of the police investigation in order not equate whit the reality of this adult. This type of research is sociological research, is research of secondary date to then proceed whit the study of primary data in the field. Or in a accordance with the fact that life in society to complete the data conducted interviews whit the perpetrators of criminal. In this care Anggi Fernando and Wella Hasan as well as parents actors and also the invesgtigator and head of the detective service unit director of the regional police drug Riau. And the data source is primary data and secondary consist of primary legal materials, and secondary and tertiary legal materials. Then the data were analyzed descriptively that analyzed data obtained from the filed and guided by legislation.In this study concluded that in the handling of criminal cases commited by children narcotics still. Not in accordance with laws and regulation. Where one as prisoners to custody for the child is still combine with adult prisoners there fore. The authors suggest the construction of a special child cus to dy rights in order to run as laws.Keywords: Investigation-Narcotics-Children

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