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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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TINJAUAN YURIDIS MENGENAI PENGANGKATAN PENYELIDIK DAN PENYIDIK PADA KOMISI PEMBERANTASAN KORUPSI (STUDI KASUS PUTUSAN PRA PERADILAN NOMOR 36/Pid.Prap/2015/PN.Jkt.Sel) SIRINGORINGO, JASTIN MIKSONDES; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

One of the new legal institutions created in the book of the law of criminal procedure is the Pretrial, then from that point on, the exsistence of chaotic appointment about some investigating officer in police of Republic of Indonesia by the Corruption Eradication Commission which becomes a prolonged polemic for the agencies concerned and the investigating officer’s appointment were not from police institution. Within the case Hadi Poernomo as the petitioner submit pretrial petition towards the appointment onsidered contrary the point because is not present in the code of criminal procedure which is detrimental for him towards investigation and investigating officer that have been carried out. The purpose of the writing of this scription is to know: First, investigation and investigation officer‘s appointment in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel. Second, the appointment process of investigation and investigating officer in corruption eradication commision in case Number 36/Pid.Prap/2015/PN.Jkt.Sel already appropriate in prespective Integrated Criminal Justice System. Third, the legal consequences of the investigation and investigating officer‘s appointment in corruption eradication commision in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel.This research used kind of normative because reviewing pretrial petition by Hadi Poernomo in case Number 36/Pid.Prap/2015/PN.Jkt.Sel that include the approach to cases, legislation and conceptual. Technique for collecting and processing of legal materials in the writing of this scription is to collect legal materials of primary and secondary legal materials, which are then carried out an inventory and analysis of both the primary legal materials nor secondary law materialsBased on the result, there are three main things that can be concluded. First, based on the code of criminal procedure valid until nowdays calrify that Corruption Eradication commision does not have authory to make appointment about the investigation and investigating officer who did not come from the institution Indonesian National Police and the Attorney General of the Republic of Indonesia. Second,according to the perspective of the Integrated Criminal Justice System, the authority of the Corruption Eradication Commision to conduct the appointment of investigation and investigating officer in the case Number 36/ Pid.Prap/2015/ PN.Jkt.Sel is not appropriate because according to the law it is a deviation from the provisions applicable for the on going Integrated Criminal Justice System. Third, the appointment of investigator and investigating officer at the Corruption Eradication Commission in case Number 36 / Pid.Prap / 2015 / PN.Jkt.Sel that deviate from the Code of Criminal Procedure Code and Law Number 30 Year 2002 on Eradication Commission Corruption itself, then the activities of inquiries and investigations that have been carried out is an activity that resulted in formal defect such activities become null and void.Keywords : Investigation – Investigating officer – Pretrial
IMPLEMENTASI UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK DALAM PENGGUNAAN UPAYA PAKSA TINDAK PIDANA NARKOTIKA OLEH KEPOLISIAN RESOR KOTA PEKANBARU Astuty, Deny; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Indonesia is a country where narcotics crime is an extraordinary crime, that can affect the life of the nation which became the successor state of the nation and future goals. Narcotics crime is not looking at anyone who commits this crime, minors can become the subjects and the victims of this narcotics crime. Narcotic crime is unconventional form of crime that conducted systematically, using a great modus operandi with advanced technology and done in a well organized. The eradication of criminal acts of narcotics required performance of the police which originated from the stage of the investigation to law enforcement in the form of force efforts against minors.Accordance with the above description, the writer is interested to do research with the title Implementation of Act Criminal Justice System of Children in Use for Force Attempts of Crime by Police Resort of Pekanbaru. The writing of this thesis aims to know, First the implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. Second, to find out what becoming obstacles in implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. Third, to find out the efforts for overcome the obstacles in implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru.The writing of this thesis, the writer uses the methods of sociological research . The sociological research is research done by identifying the law and how the effectiveness of the law prevailing in society. The nature of research is descriptive, tha give an overview in detail about implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. giving a clear and detailed picture of the implementation of Law Criminal Justice System Children in Forced Efforts Using Narcotics Crime. The results of research carried out qualitative analysis and using deductive method, namely the problem of decomposition which are common to a certain case.From the results it can be concluded that in implementation of force effort narcotics crime commited by minors still in hesitance, especially in the form forceful measures of arrest, therefore the writer suggest to do revision to Act criminal justice system of children and Act Narcotics to make it more clear in terms of the law enforcement by investigator.Keywords: Minor Investigations - Narcotics Crime - Law Enforcement.
PENYELESAIAN PERKARA TINDAK PIDANA PERKELAHIAN ANTAR WARGA MENURUT HUKUM ADAT MELAYU RIAU BAGANSIAPIAPI Fitri Yanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In Indonesian positive law, criminal matters must be resolved in criminal court, however in possible existence thing outside the court, one of wich was resolved in through customary law, suchas those found in the area Bagansiapiapi advanced research aims. First, know and analyze the completion of criminal fights between residents under melayu Riau customary law. Second, investigate and analyze whether the settlement fights between residents in line with the nature of criminal law. Third, investigate and analyze whether the legal consequuences an indigenous Malaysia is completed in the criminal justice system. This research type is an sociologi emperical research, conducted in Kabupaten Kampar district of Bangko. Capital of Bagansiapiapi population is parties associated with the problems examined who used primary data, secondary data and tertiary data by collection technidues by means of interview and literature study.Form the research hhere are three conclusions is First, resolution criminal case fights between residents in Bagansiapiapi done with fig kindship or deliberation to reach a decision agreed by both parties that the way to make peace. Second, settlement criminal case fights residedents in Bagansiapiapi line with the nature of criminal law as public law since the completion of the selected selected process not only search a legal certainty but also presented the facts that three settlement criminal case fighting between the citizen has the legal effect of the process of completion which the victim does not want reconcile be solved through litigation and hoped that the perpetrators can receive and execute all the penalties that have been decided by and comply with all the regulations in accordance with applicable law.Suggestions follow is first, author suggested that the settlement process through the criminal law should be maintained in every problem that occurs in the middle by means of deliberation and consensus so that the dispute can be resolved peaceful manner. Second, is recommended for legal review and explore the values and local wisdom that is run by the community with a number of laws related to the presence of the authority of traditional institutions in resolving a case of indigenous that recognized and its authority in resolving a person law. Third, suggessted that the traditional leaders can improve the skill example in manufacture letter which will be a bond sanctions are more severe if the perpertrators of criminal acts repeated do fights.Keyword: Settlement additional - Custumary Law
PERANAN BADAN NARKOTIKA NASIONAL PROVINSI RIAU DALAM PEMBERANTASAN PEREDARAN NARKOTIKA DI LAPAS KELAS II.A PEKANBARU DIKAITKAN DENGAN UPAYA PEMBINAAN. Desi Silvia Angraini; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Development Correctional Institution, a very strategic position in realizing the ultimate goal of the criminal justice system is rehabilitation and social reintegration of law violators. The purpose of implementing the Corrections system to make the Citizens Correction of Corrections to be full human beings, being aware of the error to recover themselves and not to repeat the criminal act that can be received by the community may Actively participate in development and can normal life as a good citizen and responsible Although the function of the Correctional System is a corrective set Citizens' patronage healthy to integrate with the community so that it can play a role as a member of the community Society, that is free and responsible. Nevertheless, the goal and function of prisons does not seem to be achieved, as evidenced by the drug trafficking in prisons II.A class Pekanbaru.The purpose of this dissertation, namely: First, the Riau Provincial Narcotics Bureau to combat drug drivers to determine in prison II.A Class Pekanbaru, second, to cause the major drug trafficking trapped in prisons II.A Class Pekanbaru, Third, to determine the function of Pekanbaru Penitentiary II.A class in the field of guidance of prisoners related to narcotics in prison PekanbaruII.Aclass. This type of research is used in writing this law is a legal research sosilogis. By using juridical research sociological (empirical jurisprudence research) to find empirical studies of theories about the process and about the functioning of the law in society.The research has three key conclusions. First of all, the role of the National Narcotics Bureau of the Province of Riau in the fight against drug traffickers in prisons II.A Class Pekanbaru is to make everything work in order to profess narcotics in prisons II.A Class Pekanbaru insurmountable. Second, Causes Circulation of Narcotics in Prisons II.A Class Pekanbaru caused by three factors, namely the economic factors, failure factors, Factor dependence. Third, Judicial Institutions In the field of coaching, a block of rehabilitation has been opened for prisoners who tested positively on drugs. Saran author, First, to monitor the Riau BNNP drug problem again in prisons. Secondly, the prison security system needs to be fixed again. Third party prisons should be more active in performing the rehabilitation block.Keywords: Penitentiary-Circulation-Narcotics-BNNP Riau
PENEGAKAN HUKUM TERHADAP MASYARAKAT YANG MELAKUKAN TINDAK PIDANA MELAWAN APARAT YANG SEDANG BERTUGAS OLEH KEPOLISIAN RESOR SIMALUNGUN Prima Rianto Hutagaol; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Law enforcement officials, especially the police often get resistance or violence while performing their duties. Especially common violence or persecution community.Based on this understanding, the authors formulate three formulation of the problem, namely: First, What are the factors that cause people commit criminal acts against the officers who were on duty by the Police Simalungun. Secondly, What are the problems faced by the law enforcement agencies to enforce the law against people who commit criminal acts against the officers who were on duty by the Police Simalungun. Third, How the efforts of law enforcement to address the problems in law enforcement against people who commit criminal acts against the officers who were on duty by the Police Simalungun. This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the problems to be studied.This research was conducted at the Police Simalungun, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data terier, technical data collection in this study with interviews and literature study then analyzed qualitatively and process data and generate descriptive data and then inferdeductively.From the research there are three main issues which can be summarized as follows: First, the factors that cause people commit criminal acts against the officers who were on duty by the Police Simalungun. Second, the issues facing law enforcement in enforcing the law against people who commit criminal acts against the officers who were on duty by the Police Simelungun is still lacking law enforcement professionals, which is where the low level of public awareness, and not maximal performance of the Police. Third, the efforts of the law enforcement agencies to tackle the problem of enforcement against people who commit criminal acts against the officers who were on duty by the Police Simalungun is with preventive action, action peventif that prevention efforts are carried out prior to the criminal act in terms of crime prevention Police Criminal Investigation Unit conducted socialization. Keywords: Law Enforcement Criminal Investigation Unit-Crime-Persecution
LEGAL STANDING PEMANTAU PEMILU SEBAGAI PEMOHON SENGKETA HASIL PEMILIHAN KEPALA DAERAH DENGAN CALON TUNGGAL Arwi Aqif; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Legal standing is a prerequisite for filing perselisian material in the local election results to the Supreme Komstitusi. Implementation of the elections with a single candidate in 2015 the Constitutional Court has given a chance on election monitoring as a legal subject or the applicant in the dispute in the elections. The purpose of this thesis, namely; First, to know how the legal standing of election observers in election disputes with a single candidate, Secondly, to know how is the concept of dispute resolution with a single candidate election.This type of research is classified study of normative law this study further discusses the legal synchronization. The source of data is secondary data which is divided into 3 (three), which is the primary legal materials, secondary and tertiary. In the data collection methods of documentary study literature or studies. Data were analyzed quantitatively, the descriptive outline of the data obtained.From the research, there are two main things that can be inferred. Firstly, the Constitutional Court provides the opportunity for election monitoring as a legal subject / applicant in the dispute to the constitutional court which were previously not regulated in the Law on the Constitutional Court. Regarding the election observers as an applicant to the Constitutional Court that has been set in the PMK 4 in 2015 is contrary to the Law on Constitutional Court No. 25 Year 2003. Two, dispute resolution of disputes with a single candidate as well as the settlement of disputes in general. single candidate election implementation and completion of the election with a single candidate does not fit in the concept of democracy in their preferred electoral system more than one pair of candidates. Elections without konstestasi pemulu essentially not ideal in a democracy. The Constitutional Court is expected to issue a sage in any existing regulations, and the Government of the House of Representatives is expected to revise the Law on the Constitutional Court Number 24 of 2003 to enable the synchronization with existing regulations.Keywords: Legal Standing - Dispute Court.
TINJAUAN YURIDIS PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA MASA LALU MELALUI REKONSILIASI Rian Adelima Sibarani; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Indonesia is a legal state that is obliged to give awards and guarantee protection against human rights issues. Various human rights violations since the old order still have not got legal certainty, gross human rights violations also almost always involve the state apparatus, either actively or passively. The victims experienced various acts of violence: physical, mental, until the loss of life. Whereas, the most responsible party to protect and maintain the fulfillment of human rights every individual or citizen is the state through the state apparatus / tool.To prosecute gross human rights violations established by the Human Rights Court within the General Courts. To implement it, Law Number 26 Year 2000 on Human Rights Court was established. Article 4 states that the Human Rights Court has the duty and authority to examine and decide cases of gross human rights violations.The difficulty of working through the formal legal process to deal with past human rights crimes, as mentioned above, is a strong impetus for the need for alternative settlement mechanisms, commonly known as the "Truth and Reconciliation Commission (TRC)". The task of the Truth Commission is to seek, find, and present facts about a past event with all its consequences; Consider and place the justice of victims and perpetrators as a working principle; Should not be unfair and unjust to the perpetrators; And finally all findings must be stated in a fair, fair, honest and transparent manner; And not manipulative.According to the author, the Truth and Reconciliation Commission is still very appropriate to be implemented. Although the Constitutional Court has annulled Law No. 27 of 2004 on the Truth and Reconciliation Commission as a whole, it does not mean that reconciliation can not be used..Keywords: Responsibility - Reconciliation - Past Human Rights Violations
PERAN PENYIDIK RESERSE KRIMINAL UNIT II (DUA) POLISI RESOR PELALAWAN DALAM PENANGANAN TINDAK PIDANA PERUSAKAN HUTAN DI WILAYAH HUKUM POLRES PELALAWAN SRI RAHAYU; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pelalawan which is one of the districts in the province of Riau . This district suffered very severe damage to forests , this is caused by the illegal logging and burning of land carried out by the responsible party. actions taken by police investigating criminal detectives Pelalawan resort is to take some action. District detectives investigate criminal conduct investigations for violations of illegal logging and the inspection is to catch and hold the perpetrators of crimes against forest destruction , investigators also seized evidence that is used to destroy forests conducted by parties who are not responsible , but the implementation of the role of police investigators kiriminal resorts Palalawan have not done as we expected because there are still many obstacles faced by investigators in handling the destruction of forest.Cnstraints experienced by the investigator in the prevention of deforestation in Pelalawan district is limited means and facilities to prevent the destruction of forests , such as operational vehicles , investigators were lacking , and the funds are limited and difficult to find evidence and perpetrators of the forest . Eforts made to overcome the obstacles existing by adding facilities and infrastructures , adding police investigation , proposed budget for the cost of the process of investigation and repression of acts of criminal damage to forests , while also coordinating with related agencies such as the local community as well as investigators more , and to supervise and patrols in areas prone to illegal logging .Keywords : Investigation - Crime - Forest Destruction
PERANAN LEMBAGA PEMASYARAKATAN DALAM MEMBINA MENTAL NARAPIDANA KHUSUS ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DI LEMBAGA PEMBINAAN KHUSUS ANAK PEKANBARU HARRY ADRIAN; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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On April 27, 1964, as the home of Indonesia's prison has been converted into a correctional institution in accordance with the idea of Sahardjo who at that time served as justice minister. In the penal system, inmates and students correctional entitled to receive physical education and guarantee their rights to perform worship, dealing with outsiders it family or other parties, obtaining information through print and electronic media, a proper education and so forth , To get it all is the main task of implementing the law, among others, the Correctional Institution. The purpose of writing this essay, namely; First, to determine the role of the Agency is to foster the child's special mental prisoners under Act No. 11 of 2012 on the Criminal Justice System Child Development Institute for Special Children Pekanbaru. Second, to determine the mechanism of character development in the correctional institution inmate mental menbina special child. Third, to determine the factors that cause mental development of children has not been executed at the Institute for Special Children Pekanbaru. This type of research is a sociological research, because the authors of the study on the effectiveness of the laws in force. This research was conducted at the Correctional Institute Children Pekanbaru city, 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, questionnaires and literature study. From the research problem there are two main things that can be inferred. First, the role of the State Children's Correctional Institute Pekanbaru (LPKA) in the implementation of the rights of students / inmates have not been implemented to the fullest. Second, the mechanism of mental coaching LPKA Pekanbaru performed in conjunction with the guidance mechanism. Third, Barriers to mental coaching run LPKA is about infrastructure and budget issues. Advice writer, First, the role of which do LPKA should be implemented to the maximum in accordance to Law Number 11 Year 2012 on Juvenile Justice System. Second, the mechanism of mental coaching is not supposed to be united with the skills and education training mechanism. Third, barriers should not be an obstacle for Law No. 11 Year 2012 on Juvenile Justice System already regulate the rights of students / inmates of children.Keywords: Inmates - Coaching - Mental - Children
PELAKSANAAN KOORDINASI INTERNAL KEPOLISIAN RESOR KAMPAR DENGAN POLRESTA PEKANBARU DALAM PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN BERDASARKAN PERATURAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 18 TAHUN 2014 TENTANG TATA CARA PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN H, PATAR ALEXANDER; ', Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Police Notes Certificate is officially given by the police to an individual citizen is concerned for the sake of fulfilling a request for such a purpose because of the prerequisite conditions based on the results of antecedents that person.That the Police Notes can take precautions against citizens ever committing a crime and facilitate the police in uncovering the incident or crime through the person's record notes. Then the execution of internal coordination within the agency and outside the region in agencies as well as with other agencies is needed in order to realize the internal security .In fact Execution in Kampar district police to Pekanbaru Police have not been able to run well purpose of this thesis is to find out; First, how the Implementation Coordination of Internal Police in Kampar to Pekanbaru Police Police Notes issuance. Secondly, what the Implementation Coordination constraints faced by Kampar district police in Publishing Pekanbaru Police Police Notes, Third, efforts to overcome the Implementation Coordination is not running and address of the Breach Publishing Police Notes. This 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 questioner From the research , there are three main things that can be concluded first , that the implementation of the Police Coordination Kampar and Pekanbaru Police are still not operating effectively . It started from the mechanism used and existing resources in Intelkam . Secondly, the obstacle in the implementation of the Coordination namely Infrastructures . Third , efforts to overcome the Implementation Coordination overcome are not going to make changes in the implementation mechanisms of publication , to evaluate the performance of the police , residents of the community to update the data every month , Improved Coordination of Internal and External .Keywords: Implementation - Internal Coordination - Publishing SKCK

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