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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PELAKSANAAN UPAYA PAKSA PENGEMBALIAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI OLEH KEJAKSAAN TINGGI RIAU Muhammad Faisal Pakpahan; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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In Article 18 paragraph 1 letter (b) of Law No. 31 of 1999 jo Law No. 20 of 2001 provides for the payment of compensation where the convicts were found guilty in corruption case be obliged to pay compensation numbering as many same with the wealth he gained from corruption. The prosecution as executor is entitled to collect compensation from the convict predetermined guilty in the trial process, but in practice there are many arrears compensation not yet paid by the convict to the prosecution, is where it takes the role of the prosecutor to address arrears compensation that may be detrimental state finances. The problems discussed in this thesis is, First, how the implementation efforts to recover compensation in corruption by the state prosecutor in Riau? Second, is the cause of arrears in cash instead of corruption by the state prosecutor in Riau? Third, How an attempt to avoid the emergence of arrears for compensation in corruption by the state prosecutor in Riau?The method of research in this study, using this type of research is sociological / empirical research sites jurisdiction of the High Court of Riau. In this research, data collection by interview, and literature study. After the data collected then analyzed qualitatively, then conclude with the deductive method is to analyze the problems of the general form into special shapes.From the results of this study concluded, the first implementation of forceful measures refund substitute in corruption by the state prosecutor in Riau has been carried out in accordance with the law of criminal procedure in force, the second cause of arrears compensation in corruption by the state prosecutor Riau them are convicted person is free to choose between pay compensation or choose to corporal punishment or in addition to principal punishments, convicted in the status of the search list (DPO), and the convict did not have possessions in order to pay the compensation. the third effort is made to avoid arrears compensation in corruption by the state prosecutor Riau them with a direct charge to the sentenced person within a period of one month after the issuance of the court decision by a judge who has obtained permanent legal force, return on assets through criminal and asset recovery through civil lines.Keywords: Forced Effort, Money Substitutes, Corruption, the High Court of Riau
PENYIDIKAN TINDAK PIDANA PENYELUNDUPAN BAWANG ILEGAL OLEH PENYIDIK PEGAWAI NEGERI SIPIL BALAI KARANTINA PERTANIAN KELAS I PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 1992 TENTANG KARANTINA HEWAN, IKAN, DAN TUMBUHAN Nurul Afifah; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Onions are used fresh food of Indonesian society as a culinary spice supplement. Needs onions in Riau Province is very high, while the local onion production can not meet the needs of the community onions. Therefore do import onions from overseas such as Thailand. But in practice, many violations committed by businesses onions with committing a criminal act of smuggling onions to the province of Riau. Therefore, the active role of civil servant investigators (investigators) Institute for Agriculture Quarantine Class I Pekanbaru in terms of supervision and enforcement is needed. The purpose of this thesis, namely: First, the process of investigation of criminal smuggling of onions illegal by investigators Institute for Agriculture Quarantine Class I Pekanbaru Second, obstacles to the investigation of criminal smuggling of onions illegal by investigators Institute for Agriculture Quarantine Class I Pekanbaru Third, efforts to overcome obstacles in the investigation the crime of illegal smuggling of onions by investigators Institute for Agriculture Quarantine Class I Pekanbaru.This type of research used in writing this law is the law of sociological research that in this study the authors directly conduct research on the locations or places studied in order to give a complete picture of the issues examined. Meanwhile, the population and the sample is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary, data collection techniques in this study by observation, interview and literature studyFrom the research there are three main things that can be inferred. First, the process of investigation of criminal smuggling of illegal onions by investigators Agriculture Quarantine Center Class I Pekanbaru not run optimally because the main actors (Intelctual dader) was not found. Therefore the criminal cases of smuggling of onions illegal still a lot going on in the province of Riau, Second, barriers in conducting criminal investigations of smuggling onions illegal ie, Act Quarantine no longer relevant to the quarantine modern, factors geographic location of Riau province close to the Strait of Malacca which is a line of international trade, a factor of coordination with related parties running with no opptimal, Third, efforts made to overcome these barriers is to renew the Quarantine Act, increased coordination with relevant parties such conduct coordination meetings, etc .. Suggestions Writer, first, to the government to improve performance in the areas of quarantine, and increased coordination with the relevant parties, Second, Opening Dumai port as the inclusion of fresh food, Third, to the community to increase awareness of the law by providing reports when aware of criminal acts of illegal smuggling of onions.Keywords: Investigation - Crime - Smuggling Onions
Peranan Badan Narkotika Kabupaten Kampar (BNK) Kampar Dalam Mencegah Peredaran Narkotika Di Kecamatan Tapung Kabupaten Kampar Said Muhammad Faisal; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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In the development of the current society, along with the increasing development of technology, transport, information and communication so that the impact on the patterns of people's lives. One of the negative effects inflicted as the abusive narcotics and illicit narcotics. It is necessary for the relevant agencies such as the Agency's Narcotics district (BNK) in order to prevent the occurrence of the circulation of narcotic drugs that are common in the environment of the community. The purpose of this thesis writing i.e. to know the role of Agency Narcotics district (BNK) Kampar in preventing the circulation of narcotics in district of Kampar Regency Tapung and to know the obstacles the Agency Narcotics district (BNK) Kampar in preventing the circulation of narcotic drugs in an effort to find out as well as Tapung Agency Narcotics district (BNK) Kampar overcoming obstacles in preventing the circulation of narcotics in district of Kampar Regency Tapung.This type of research can be classified in types of juridical sociological research, because in this study the authors direct research on the location or place that is examined in order to give a complete and clear picture of the problems examined. This research was conducted in district of Kampar Regency Tapung, while population and the sample is the entire parties relating to issues that are examined in this study, the data source used, the primary data and secondary data, techniques of collecting data in this study with interviews and research librarianship.From the results of research that the author do can be summed up, first the role of Agency Narcotics district (BNK) Kampar sub-district Tapung i.e. prevent the occurrence by carrying out socialization danger drugs and rehabilitate all users of narcotics by working with parents. The second obstacle the Agency Narcotics district (BNK) Kampar in preventing circulation in district Tapung i.e. lack of Agency budgets Narcotics district (BNK) Kampar, the lack of attention of parents towards children and the lack of cooperation between the society with the Agency Narcotics district (BNK) Kampar in terms of information occurrence of illicit narcotics in the subdistrict of Kampar Regency Tapung. The third attempt by the Narcotics district (BNK) Kampar overcoming obstacles in preventing the circulation of narcotics in district Tapung i.e. do prevention early to the rest of the community in the form of socializing and doing rehab to all users in the Subdistrict tapung and partners with the police in the form of Kampar Resort provides information in order to follow up the illicit happening in Tapung district of Kampar Regency.
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA MIKRO KECIL DAN MENENGAH (UMKM) DI KOTA PEKANBARU Jordi Satria Nanda; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Basically the activities of Micro, Small and Medium Enterprises (SMEs) lack of legal protection from the government, it is because the government should provide a means of marketing, but it turns out it is not done because the government only provides training to businesses, and does not carry out supervision of their coaching and the development of micro, small, and medium to obtain financing and services / financial product and no one gives a means of marketing.The purpose of this thesis are: First, to determine the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru. Second, to determine factors inhibiting the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru.This research is a sociological juridical legal research or direct writers to conduct research in the area of Pekanbaru city, namely the small and medium entrepreneurs in the city of Pekanbaru as rattan enterprises located in the territory Rumbai in order to provide complete and clear picture of the issues examined.The final conclusion, First, the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru is not going well because the government only in the form of the creation of a business environment conducive to business development and human resources capacity building through Technical Assistance in the form of training and were not accompanied by capital requirements and Enhancing productivity and mastery of technology through the help of production facilities and infrastructure such as rattan, licensing form of CV, Certification Trademarks SMEs, and development in the field of design and technology and the government has not been able to provide a means of marketing well to businesses mainly to businesses rattan craftsmen. Second, Inhibiting Factors Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru is seen from entrepreneurs is that many business operators rattan no training, do not master the field of design and technology, does not meet the requirements in licensing in order to obtain the certificate brands trade. While the government is that the government does not have sufficient funds to carry out the development of Micro, Small and Medium Enterprises (SMEs), and it's hard to do marketing the production because of competition from outside the region and from abroad. The suggestion of the results of this study are. First, Should the government more active in the provision of capital requirements as well as marketing. Secondly, We recommend that the government opened an innovation to open a global marketing.Keywords: Legal Protection-business communities, Micro, Small and Medium Enterprises (SMEs).
PELAKSANAAN PERJANJIAN PEMBIAYAAN KENDARAAN RODA EMPAT DENGAN JAMINAN FIDUSIA PADA PT. ACC FINANCE Sebastian, Yuda; Lestari, Rika; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Consumer finance institutions help people in overcoming the limitations in purchasing power caused by the amount of revenue generated. The presence of the consumer finance institutions will greatly help the community. The legal basis for consumer financing agreement is an agreement between the parties based on the principle of freedom of contract, the agreement between the creditors and financial firms as part of consumers as debtors.The purpose of this study are as follows: First, to determine the form of the rights and obligations of the parties under the financing agreement four-wheeled vehicle with a fiduciary, Second, identify any obstacles encountered during the implementation of the rights and obligations of the parties took place, Third, to know the result law arising in the event of default in the credit agreement.This type of research used by the author is the empirical legal research, or known as sociological research. This research was conducted at PT. ACC Finance Pekanbaru and the population and the sample is legal and marketing staff of PT. ACC Consumer Finance Pekanbaru also implementing the agreement. In this study the data sources used, the primary data, secondary data, the data tertiary, technical data collectors in the study interview, observation, and literature study.From the research problem there are three main things that can be inferred First, both parties are acutely aware of their rights and obligations of each as agreed in the agreement of consumer finance, Second, in the implementation of the financing agreement consumers encountered various obstacles caused by negligence debtor, Third, all things legal act especially when borrowers are in default then the legal consequences, namely: compensation and cancellation of the agreement.Suggestions Author, First, in this case should creditors not only prioritize their dues but look at the state of the debtor and the debtor should not have been negligent in carrying out its obligations, the Second, the two sides are expected to carry out the feat contents of the agreement in good faith and the debtor to be more open and honest with the creditor will the problems that it faces.Keywords: Agreement, Debtors, Creditors, Implementation, Fiduciary
PENYIDIKAN TINDAK PIDANA KESUSILAAN MELALUI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2011 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH KEPULAUAN RIAU Aulia Rahmi; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The development of the world of information technology, the more people who use it as one part of the necessities of life. The need for information for example by information technology we were able to meet the needs of the information easily and quickly in a way to open the news website cia the internet network. In Indonesia itself a computer is often the case because the security system inadequate and the laws regarding information technology in Indonesia that aren’t as strong. The rise of cases of dissemination of immoral photos through social media is one of the computer crimes that occur at this time. The distribution of such immoral photos is not only done through social media but also distributed directly to friends and family of the victim and then write words that are inappropriate to say. This is where the role of law enforcement officers, especially the police in conducting investigations and investigations so that the case does not happen again. But the facts are found, the investigator can only conduct an investigation if the perpetrator has a clear identity so that no detention of perpetrators.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted at Sub Directorate II of Directorate of Special Criminal Investigation of Riau Islands Regional Police, while population and sample are all related parties in problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study by interviews, and literature review.From the research there are three main points that can be concluded, the first process of investigation of criminal cases of morality through social media is still not running properly that has been regulated in legislation, where perpetrators who allegedly committed crimes are not held detention. Secondly, the need for experts with more than one expert where the unavailability of experts who master the technology and information, but to ask for expert information must wait from the Police Headquarters of the Republic of Indonesia. Third, the lack of facilities and infrastructure that support the investigation process, the investigator's knowledge of cybercrime crime, and legal awareness of the community that is still not optimal.Key Words: Investigation - Criminal acts of decency – Social Media
PEMBUKTIAN TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR OLEH KEPOLISIAN RESOR KOTA PEKANBARU PADA TINGKAT PENYIDIKAN Khoirunnisak '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Crime fencing is a criminal offense possessions where rampant today in Pekanbaru. Though this criminal act has been formulated in the Penal Code Article 480 and have sanctions. For it is necessary to review how evidence fencing motor vehicle criminal offenses by police investigators from the resort town of Pekanbaru.From this research, there are three main things that author can conclude .First, On the implementation of proving the crime of motor vehicles in the investigations level in POLRESTA Pekanbaru is with the collection of evidence that a criminal act becomes light for use as a material proof so it can be directly transferred to kejaksaan. Second , barriers which faced by POLRESTA Pekanbaru in proving the crime of motor vehicle fencing which comes from internal and external factors. Third, Pekanbaru POLRESTA efforts in overcoming the obstacles encountered in proving the crime of motor vehicle fencing in cooperation with various parties, sanctions to perpetrators of criminal acts motor vehicle fencing. Author, First Socialization to the community, Second, improve cooperative relationships with related parties..Keywords: Verificatiom– Investigation – Fencing
PELAKSANAAN PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA (TKI) BERDASARKAN UNDANG-UNDANG NOMOR 39 TAHUN 2004 TENTANG PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA (TKI) DI LUAR NEGERI Sartika, Yulia; Firdaus, Emilda; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In act number 39 year 2004 on the placement and protection Indonesian workers abroad set provisions regarding development activities on all activities related to the implementation of the placement and protection of Indonesian workers abroad will be undertaken by the government. This seen from case data in body national location and protection of labour Indonesian of year 2014 and 2015 and also cases in general. Target of writing of this skripsi, namely is ; First, Location and protection of labour Indonesian pursuant to law number 39 Year 2004 about location and protection of labour Indonesian beyond The Sea, Both, Constraint in location and protection of labour Indonesian pursuant to law number 39 Year 2004 about location and protection of labour Indonesian beyond the Sea is, Third, Strive performed within location and protection of labour Indonesian pursuant to law number 39 Year 2004 about location and protection of labour Indonesian beyond the sea.This Type Research can be classified in type research of empirical yuridis. Research location is body national location and protection of labour Indonesian. Source of data, in supporting by source of primary data and data source of sekunder, source of data of sekunder consist of three law materials, that is : materials punish primary, materials punish sekunder, materials punish tertier, while data collecting technique is or interview of interview bibliography study and. After gathered data hereinafter in analysis qualitative by using deductive method that is analysing and problems having the character of public later; then in drawing at conclusion peculiarly pursuant to existing theory.From result of research of problem there is fundamental three things able to in concluding is. First, Location and protection of Indonesian labour candidate during the time have walked better but not yet optimal because during the time still many Indonesian labour candidate having an affair so that need the existence of policy of private sector side and government. Both, Constraint in location and protection of labour Indonesia cover : (1) Indonesian labour of nonprocedural (2) ill Indonesian labour or pass away (3) Indonesian labour use double passport. Third, Strive performed within location and protection of Labour Indonesian can through solution by mediasi, solution by litigasi. Suggestion writer, First, The importance of coherent and clear regulation hit duty and also governmental responsibility and side or organizer of private sector to give protection and location to labour Indonesian. Both, the importance of settlement repeat system location of TKI beyond the sea is, Third, The importance of directing of certain institute which given by duty conduct socialization with existence of program pass by quickly sector, program to society about order become Indonesian labour beyond the sea.Keywords : Location - Protection – Indonesian Workers
TINJAUAN HUKUM TERHADAP EKSONERASI PERJANJIAN INVESTASI ANTARA NASABAH DENGAN PERUSAHAAN PIALANG BERJANGKA PT RIFAN FINANCINDO BERJANGKA PEKANBARU Zaswari '; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Brokerage is a business entity that carries out the activities as intermediary for the sale and sale of futures and on the command / message of a third party (the customer) and the right to a deposit (margin) for each of these transactions in Compliance with the regulations. The interest in protecting their clients, futures brokers, must know the state of the ability of its clients, both in terms of financing (financial), customer knowledge on trade in futures and also ensuring its customers no Action contrary to regulation.The problem in this document is the exemption from the investment agreement between the customer and the company Broker and legal protection for clients who get injured from IBs called in this case the Broker Broker Penganturan is not independent of the Law No. 10 Year 2011 regarding Commodity Futures Trading as well as Act No. 32 of 1997 on Commodity Futures Trading.Normative study of the research is to compare the principles of the agreement, can be seen a few things. First of all, the agreement that is in the Broker's violation and in violation of the 2011 Law No 11 of the Futures Trading Komooditi contained elements of an exemption clause defined as liberating your responsibilities as a result of legal effects that occur Due to the lack of performance of liability obligations required by law. Secondly, the legal protection of the Customer who gets hurt promises a broker broker and as well as the realization of the compensation fund must be given to the customer who is injured on that promise within the meaning of article 1, paragraph 23 of the law no 10 of 2011 regarding Futures Trading merchandise.Keywords: Brokerage, Exemption Treaty, Principles of Treaty and Legal Protection.
PENYIDIKAN TINDAK PIDANA PEREDARAN PRODUK PANGAN ILEGAL OLEH BALAI BESAR PENGAWAS OBAT DAN MAKANAN BERDASARKAN UNDANG – UNDANG NOMOR 18 TAHUN 2012 TENTANG PANGAN DI PROVINSI RIAU M Ichsyan; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Progress in the field of industry, which grew rapidly resulting in the emergence of the era of free market competition among manufacturers make increasingly stringent. Various methods are used by businesses to profit as much as possible, one of which is to distribute food products illegal.The purpose of this thesis, namely; First; To determine the Crime Investigation Illegal Circulation of Food Products by the Center for Food and Drug Administration in Riau Province Undan Under Law No. 18 Year 2012 on Food. Second: To determine the obstacles faced by the Center for Food and Drug Administration in a criminal investigation Illegal circulation of food products in the province of Riau, Third; To know the efforts made to overcome the obstacles faced by the Center for Food and Drug Administration in a criminal investigation Illegal circulation of food products in the province of Riau.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on a study in order to provide a complete and clear picture of the issues examined. This research was conducted at the Center for Food and Drug Administration, while the sample population is overall the parties relating to the issues examined in this study, the data source used, primary data, secondary document and document tertiary data collection techniques in this study with interviews and literature study.From the research there are three main issues that can be inferred. First, an investigation into the criminal distribution of food products ilegaln by the Center for Food and Drug Administration in Riau Province. Second, barriers are found in the investigation of criminal acts of illegal circulation of food products by the Center for Food and Drug Administration in the province of Riau. Third, efforts undertaken Civil Servant Investigators hall of the Food and Drug Administration in the province of Riau in Conducting Investigation Crime Illegal Circulation of Food Products In Riau province. Advice writer, first, the Center for Food and Drug Administration In Riau province to further optimize the investigation of cases of illegal distribution of food products. Second, the Party institutions involved in the crime of illegal distribution of food products, the government, and the merchants and the people must sit together to make a deal and of understanding. Third, the existence of legal counseling.Keywords : Investigation - Marketing Authorization - Food – Illegal

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