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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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PERANAN BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT DALAM PENANGGULANGAN TINDAK PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Tri Nanda Putri; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Patrons bhayangkara Public Order and Safety hereinafter referred Bhabinkamtibmas is the police that one of its functions in terms of tackling crime. Based on the Police Regulation No. 3 of 2015 On Community Policing stated Bhabinkamtibmas is Bearer of Community Police in the Village / Sub. Marakya crime that occurred in the city of Pekanbaru like curanmor, nozzle, curas, persecution and more inseparable from the role Bhabinkamtibmas. Bhabinkamtibmas not optimal role in the prevention of criminal acts in the resort town Police Jurisdiction Pekanbaru mnyebabkan security and public order did not materialize. Therefore needed by Bhabinkamtibmas optimal role in the prevention of crime.The purpose of this thesis, namely: First, To know Bhabinkamtibmas Role in the prevention of criminal offenses in the jurisdiction of Police Pekanbaru. Secondly, To know Bhabinkamtibmas obstacle in the fight against criminal offenses in the jurisdiction of Police Pekanbaru. Third, to determine the constraints Bhabinkamtibmas efforts in the fight against criminal offenses in the jurisdiction of Police Pekanbaru.This type of research can be classified in this type of sociological research. The research location is Pekanbaru City Police. Source data used are primary data and secondary data. Data collection techniques are interviews, questionnaires and review of the literature using the deductive method of drawing conclusions from things that are common to the things that are special. From the research, there are three main things that can be inferred, first, Role Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of City Police Pekanbaru still not optimal demonstrated high crime rate that occurs, the task has not been thoroughly Bhabinkamtibmas reach people in villages. Second, Constraints Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of Police City of Pekanbaru, including personnel Bhabinkamtibmas limited, lack of infrastructure and facilities in the form of vehicles, Home Office is inadequate, the lack of technology (computer, machine print, Hanp Phone Office), lack of budget Bhabinkamtibmas operations, lack of ability Bhabinkamtibmas and not walk FKPM optimally. Third, efforts to Overcome Obstacles Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of Police Pekanbaru City include increasing the number of personnel Bhabinkamtibmas, additional infrastructure and facilities in the form of vehicles, Home Office adequate, technology (computer, machine print, Mobile Office), the addition of the operating budget Bhabinkamtibmas, increased ability Bhabinkamtibmas and coordination through FKPM optimally.Keywords: Role - Bhabinkamtibmas - Prevention - Criminal
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Mardiansyah Saputra; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Kids are creatures of God Almighty and social beings. Since the child in the womb has a right to life and independence as well as better protection of parents, family, community, nation and state. It is quite alarming trend is the proliferation of sexual crimes not only affects women, but also affects children under the age. These girls as objects commodity (trading) or depraved gratification (animalistic) of a person and a particular group of sexual conduct business in order to gain economic double. These girls as objects commodity (trading) or depraved gratification (animalistic) of a person and a particular group of sexual conduct business in order to gain economic double.This research is a sociological research that want to see the unity between law and society with the gap between fennel and das sein sollen. This research was conducted in the jurisdiction of Police Resort Kota 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 research through interviews and review of the literature.From the results of research can be concluded, first, law enforcement, preventive (prevention) and repression (repression). Second, barriers faced by internal factors are the obstacles include factors of quantity and quality of personnel and funds are limited to the operational process of investigation and investigations. While his external factors, among others, under the age-old victim is usually difficult to communicate in terms of providing information on the actions to happen to him, usually a mentally retarded child that it is difficult in terms of member information, as well as the perpetrators fled (DPO). The lack of public participation would be legal awareness. Third, efforts to overcome the barriers that fix the internal deficiencies is to improve the quantity and quality of personnel Pekanbaru City Police Resort and act effectively and efficiently manage available funds. The inadequacies of the external of children who have suffered the sexual exploitation was accompanied by a child psychologist from the Riau Police, children who have mental retardation accompanied by a teacher Special School for police in taking account of the victim, the perpetrator fled or escaped, police Resort Pekanbaru city in this case to provide information or share data information kepolsek offender, police station, as well as improving legal awareness and legal complianceKeywords: Law Enforcement - Crime - Sexual Exploitation of Children
PENERAPAN MEKANISME HAK JAWAB BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK Dianto Simanjuntak; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Implementation Mechanism of Right of Reply by Act No. 40 of 1999 on the Press and the application of the Criminal Code (the Code of Penal Code) is an issue in dispute resolution press specifically the crime of defamation. On the one hand look when problems occur between the press and the public or the press with laws such as the police, the legal consequences that should be accepted by the press is going to deal with the articles of defamation in the book of the law of criminal law (Criminal Code). Jurisprudence on "Mechanisms right of reply" by the verdict of the Chief Justice of the Supreme Court composed of M. Yahya Harahap, SH (Chairman) by Judge H. Yahya, SH and Kohar Day Soemarmo, SH in case No. 3173.K / Pdt / 1991, on April 28, 1993 has stated that the Right of Reply mechanism is something that must be taken first before making a complaint to the court. However, the jurisprudence is not followed by another judge in dealing with cases of press, because Indonesia does not adhere to the principle of Presedent where the judge is bound by another judge, either equivalent or higher. Opinion of Judge divided, so there is a different issue: Is it supposed to use the right to reply and whether citizens are still justified in suing the press if a right of reply has been used and already served the press. And this is legal uncertainty in a dispute memngakibatkan press.The purpose of this Thesis Writing namely: first, to know Application Thread Rights Mechanism and Application of the Code of Penal (Penal Code) for dispute resolution press specifically the crime of defamation against press freedom in Indonesia. second, to determine the ideal of setting notch mechanism Right of Reply in criminal defamation committed by the press.This research is a normative legal research or can be also called the doctrinal legal research. From the research problem there are two main things that concluded, first, to strengthen the role and position of the Press Council as the regulatory mechanism of the right of reply so that the Right of Reply mechanism is the mechanism to be followed in the press specifically dispute the crime of defamation. Second, the judiciary Establishment of the press which supports freedom of the press according to the theory of social responsibility of the press.Keywords: Press-setting mechanism Right of Reply-System-Pollution-Name Good
Kebijakan Kriminalisasi Dalam Perlindungan Merek di Indonesia Berdasarkan Undang-Undang Nomor 15 Tahun 2001 Tentang Merek Tuffemili, Freddy; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Against brand counterfeiting lot happening in recent years. Such violations include counterfeit goods (KW) communication devices such as mobile phones, android, wireless, walkie-talkies, smart phones, modems. tort against the brand is a serious crime. The purpose of this thesis, namely the first, the history of legislation in the field of brand, second, the crime of counterfeiting brands according to Law No. 2001 on Marks .15.This type of research is classified normative legal research. 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. In drawing conclusions using deductive method of thinking, the way of thinking which draw a conclusion from a statement or proposition of a general nature be a statement or a case of a special nature.From the research, the First, the setting of the brand in Indonesia, has undergone several changes of laws include Act No. 21 of 1961, repealed and replaced by Act No. 19 of 1992 on Marks, then change and improvement as outlined in Law Number 14 Year 1997 regulation on the provisions of this brand then undergoes profound changes, with the ratification of Law No. 15 of 2001 regarding Mark, Second, setting the crime of counterfeiting of brand communication tools based on Law No. 15 of 2001 on brand Trademark Counterfeiting crime Settings Communication Equipment Based on Law No. 15 of 2001 on Marks, published in the Trademark Act classifies the entire crime referred to in the law as to a complaint, not a regular offense. This means that the criminal provisions in the Act Brand enacted after a report from someone who harmed the actions of others that related to a complaint any police investigation can be stopped only by the withdrawal of the police report mentioned by the complainant to the extent not examined in court.Key Word : Counterfeiting–Brand
PERANAN KEYAKINAN HAKIM DALAM PERKARA YANG PEMBUKTIANNYA LEMAH Edwin Alexander Simaremare; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

The system of evidence in criminal procedure law which in its examination process demands the search for truth other than based on valid evidence and reaches the minimum limit of proof must also be supported again by the judge's belief in the truth has proved the defendant's defeat (beyond a reasonable doubt), the truth is realized really Based on undoubted evidence, so that the truth is considered to be of the essence of truth (materialele waarheid).Based on this understanding the authors formulate two formulation of the problem, namely: First, How the existence of the evidentiary system by using two evidences and judge's conviction ?. Second, What are the advocates and obstacles in generating judge confidence in weak systems of evidence?The type of research or approach used by the author is normative legal research. Normative legal research is a literary legal research. Because making the literature as the main focus of this research, the data source used, primary data, secondary data, and tertiary data, technical data collection in this study by literature study then by analyzing and processing the data qualitatively and generate descriptive data and then take the conclusion Deductively. From the research results of the problem there are three main points that can be concluded, namely: First, the existence of the evidentiary system by using two evidences and the judge's conviction has not been fully applied in the criminal justice system. Second, the supporters of the judge's judgment in determining the decision include the motivation or good faith of the judge to determine the fate of the defendant, the firmness of faith and devotion, the abilities and experience, the attitude, the circumstances, the background and the social status of the accused, other evidence is good because Conformity with valid or unlawful evidence, personal, family, environment in which the judge resides and the willingness of the judge to continue to study according to his discipline. While the obstacles for the judge in raising his conviction to determine the defendant's faults is the existence of bribery and intimidation or threats against the judge.Keywords: Role of Judge Belief-Weak System of Proof
PENYIDIKAN TERHADAP TINDAK PIDANA PENELANTARAN ANAK OLEH KEPOLISIAN RESOR KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA PEKANBARU Haratua Manik, Buha Tumpak; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Protection of law to children can be interpreted as an effort to legal protection of the freedoms and rights of children as well as the various interests related to child welfare. In order to provide protection for children, the government has sought a policy that prohibit the crime of child. In the city of Pekanbaru cases of child neglect continue to rise because of the understanding of responsibility as parents has not been implemented correctly, plus children do not know about their rights protected by law. Though the act of making a waif clearly violated criminal provisions in child protection laws.The purpose of this skripsi, namely ; first, knowing the investigation process the crime of neglegct of children by police resort city of Pekanbaru by Law number 35 of 2014 on amandements to the Law number 23 of 2002 on the protection of children in the city of pekanbaru, second, barriers and what is being faced by investigators in the resort town of Pekanbaru police in the process of investigation of criminal neglect of children by Law number 35 of 2014 on amandements to the Law number 23 of 2002 on the protection of children in the city of pekanbaru. Types of classiefied research on sociological research which is interpreted is see the activities of the law being applicable by looking at the correlation between the law society, so as to reveal the effectiveness of the rule of law in society.Results of the discussion in this paper is; first, the process of investigation of criminal neglect of children in the city of Pekanbaru still continues to increase and not 100% effective, because in the case being a criminal neglect of children still part of the family members themselves, second, the obstacles faced in the investigation of criminal neglect of children among them, lack of witnesses and incompetence of witnesses to testify in the case, and the efforts made to overcome the obstacles in the process of investigation of criminal neglect of children is experts nor child psychologists and socialization or counseling about the importance of children for the future of the nation and it is all protected by legislation, family roles and coordination between government agencies.Keywords : Investigation, Neglected of Child.
PENGATURAN HUKUMAN MATI DALAM MATERI MUATAN UNDANG-UNDANG DIKAITKAN DENGAN PASAL 28I UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Dewi, Murti Sari; Haryono, Dodi; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The right to life is protected by the constitution inspired by human values in Pancasila, but today, in the legal system in Indonesia is still valid regarding the death penalty. It seems contradictory to the concept of humanity in Pancasila. The purpose of this thesis, namely; First, How will the death penalty in the Act in force in Indonesia, Second, Do arrangement death penalty in accordance with Article 28 of the Constitution of the Republic of Indonesia Year 1945, Third, How implications of Article 28 of the Constitution of the Republic of Indonesia Year 1945 the implementation of the death penalty in Indonesia.This type of research can be classified in this type of normative legal research , legal research literature by researching legal principles , the data source used , primary data , secondary data and data tertiary , technical analysis of legal materials in this study with qualitative analysis , outlines descriptive and emphasis on deductive method. From the research there are three main issues that can be inferred . First , setting the death penalty in law prevailing in Indonesia that the death penalty is one of the special penalty is applied cautiously , selectively majored in certain cases. Setting the death penalty in law in Indonesia can be found in the Criminal Code , Law No. 1 Year 1946 on the draft Criminal Code , Act No. 35 of 2009 on Crime Narcotics , Law Number 26 Year 2000 Crime Against Human Rights , Law No. 20 of 2001 on Corruption , Law Number 15 Year 2003 on Anti Terrorism. Second , setting the death penalty in accordance with Article 28 of the Constitution of the Republic of Indonesia Year 1945. Because of its restrictions on the death penalty should preferably be set so as not to cause inconsistency and multiple interpretations. Third , the implication of Article 28 of the Law of 1945 on the implementation of the death penalty at least will have an impact on three (3) things: first, impact against the Constitution itself , which provides for the death penalty , that it would be difficult to implement consistently because it is constrained by arrangements contained in Article 28 of the 1945 Constitution so that it is possible for citizens to make a Judicial Review against the law . Second , the emergence of legal uncertainty regarding the legality of the death penalty . Third , the impact on human rights.Keywords: Settings-Punishment die-Material Content
PROSES PEMBUKTIAN KARTEL DALAM HUKUM PERSAINGAN USAHA DENGAN MENGGUNAKAN ALAT BUKTI TIDAK LANGSUNG (INDIRECT EVIDENCE) Sunarti Puspita Sari; Rika Lestari; Maryati Bachtiar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The proof of cartel case is a very complex stage. High precision and consistency in cartel proofing is required. The use of indirect evidence indirect evidence is necessary when direct evidence can not be obtained to prove the existence of a cartel agreement, in the case of cartels indirect evidence can be economic evidence and communication evidence. In Article 42 of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition jo Article 72 paragraph (1) of the Ministerial Regulation Number 1 Year 2010 does not mention any indirect evidence, but in Law Number 5 Year 1999 and Perkom No. 1 of 2010 also does not prohibit the use of indirect evidence in the handling of business competition cases. So it is necessary to know how the mechanism and standard of evidence use indirect evidence in proof of cartel used by KPPU. From several cases of cartels handled by KPPU such as cooking oil cartels, fuel such charge cartel and cement cartel, there are different mechanisms and standards of evidence in using indirect evidence to prove the cartel cases. There are errors and imperfections of proof of cartel especially in projecting, analyzing and processing data. In its considerations, KPPU only relies on indirect evidence evidence to trap business actors often KPPU is mistaken in finding early indicators to identify cartel agreements such as price parallelism KPPU assumes that price parallelism has automatically proven cartel, whereas according to the implementation guideline of Article 11 About Kartel Perkom Number 04 Year 2011 states price pricing is only an early indicator to identify the cartel and does not necessarily prove the cartel. The proof of cartel by KPPU is inconsistent with the standard and evidentiary mechanism set forth in Law Number 5 Year 1999 which explicitly and limitatively states that in assessing whether or not a violation occurs, the Commission Assembly shall use evidence in the form of witness testimony, expert statement, letter and / or Docs, clues and acknowledgments. Indirect evidence is not a perfect proof. Therefore, there is a need for further and more detailed arrangements on the use of evidence of indirect evidence in proof of cartel or other business competition cases. Keywords: Proof - Indirect Evidence-Business Competition
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA PEREDARAN OBAT TRADISIONAL YANG MENGANDUNG BAHAN KIMIA OLEH PENYIDIK PEGAWAI NEGERI SIPIL DI BALAI BESAR PENGAWASAN OBAT DAN MAKANAN DI PEKANBARU Rio Prastio Situmorang; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In the social life of modern times not to lose traditional medicine devotees, especially the thought of people who think traditional medicine does not lose quality with medical treatment. This kind of research can be classified into types sosiologis. Riset juridical reseach was conducted in a large hall Pekanbaru food and drug supervision, while the sample population is a whole party with regard to the issues examined in this study. Data sources used, the primary data, secondary data, and the data tertiary data collection techniques in this study with the inteview, and literature study. The authors obtained reseach results can be concluded. Fist, perfom an examination of the report evidence gathering, arrest and detention of offenders while being assisted by the police, conduct an examination of the suspect by investigators BBPOM, manufacture of interrogation, the suspect along with the submission of a letter of introduction from civil servants investigator large hall food and drug oversight to police investigator, submit the results of the investigation to the public prosecutor by police investigators based on book of the law number. 36 of 2009 and coordinate with agencies other law enforcement agencies in solving crime is not rampant circulation of tradisional medicines that contain hazardous chemical materials. The second obstacle faced is the absence of specific legislation governing the crime of trafficking of traditional drugs that contain chemicals either formil or material law from law enforcement factors, such as human resources are still not qualified, insufficient numbers of civil servants hall investigator oversight of exisiting drugs and food, lack of coordination investigator large hall civil servants great hal food and drug surveilllance by law enforcement.Keywords : Implementation Of The Law Enforcement Criminal Offense Circulation Of Traditional Medicine That Contain Harmful Chemicals.
PENEGAKAN HUKUM PIDANA TERHADAP PENCEMARAN LIMBAH CAIR PABRIK DI KABUPATEN KUANTAN SINGINGI BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Munthe, Henry Haro; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Pollution is entered or the inclusion of living creatures, substances, eneergi, and / or other components into the environment by human activities that exceed the environmental quality standards have been set. Waste is the residue of a business and / or activities. Pollution of palm oil mill effluent in KuantanSingingiare offenses that have a negative impact on the environment, public morality and so forth. Therefore, law enforcement agencies Regency Kuantan Singingi attempt to eradicate or resolve criminal offense the mill effluent pollution. But enforcement of the law by the Law Enforcement Institutions Kuantan Singingi not operating effectively and efficiently. This is evident from the increasing number of data streams polluted water from 2014 to 2015. Of the many cases of contamination of wastewater in KuantanSingingi no criminal sanctions in accordance with article 98 of Law No. 32 of 2009 on the Protection and Environmental Management. The purpose of writing the thesis as follows: first, to determine the criminal enforcement against palm oil companies that dump waste into the Watershed, second, to determine the barriers and efforts faced by law enforcement officials in enforcing the law against oil palm companies that dump waste into Watershed River.This type of research can be classified in this type of sociological research, ie research on the location or point directly studied, this study conducted at the Department of the Environment Agency and the Singingi Regency Kuantan in Kuantan District Police Singingi, ie the correlation between legal research with the public.From the research there are two things that can be inferred. First, the implementation of law enforcement against pollution of wastewater plant in Kuantan Singingi not been effectively proven the growing number of actors existing wastewater pollution in Kuantan Singingi. The second obstacle encountered in the implementation of law enforcement against pollution of wastewater is less awareness among the legal community, the law enforcement less proportional and lack of facilities and infrastructure. Efforts are being made to enforce waste pollution include with Regency Kuantan Resort Police Singingi, extension with the community, Establish good relationships with the community. Suggestions author, the first criminal enforcement against environmental pollution of the watershed caused by liquid waste palm oil factory in Kuantan Singingi to be maximized in view of the increasingly widespread pollution of wastewater, both for the Environment Agency in order to be again increased surveillance for no longer pollution in Kuantan Singingi.Keywords: Law Enforcement-Pollution Wastewater Plant

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