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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
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Articles 2,579 Documents
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IMPLIKASI UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG TERHADAP PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALADAERAH DI MAHKAMAH KONSTITUSI Arif Ramadhan Sy; Mexsasai Indra; Abdul Ghafur
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

Local elections democratically elected as mandated by the Constitution of the Republic of Indonesia, to prioritize the people's democratic sovereignty so dilaksanakanlah local elections directly elected by the people. The elections based on Law No. 8 of 2015 held simultaneously. Implementation of simultaneous elections in 2015 led to the implications for the Constitutional Court and also has implications for the judgments of the Constitutional Court.The conclusions in this study, First, some things that have implications on Law No. 8 of 2015 in the Constitutional Court that the buildup of cases in the Court, when the settlement is only 45 days in the Constitutional Court, filing an application for a maximum of 3 x 24 hours, and terms petition filing that is the difference in vote totals at most 2 percent. Second, There are three (3) things that have implications on the judgments of the Constitutional Court on the settlement of election disputes, namely, implications on the Constitutional Court itself, have significant implications for candidates who dispute and also the electoral commission local area, and impilcations for local area influential for the wheels of local government in the dispute. Advice writer, first, not the accumulation of cases the need for special court established to resolve election disputes so that the completion of election disputes more effective, Second, to avoid the occurrence of a Constitutional Court ruling does not lead to justice the Constitutional Court to take a decision in election disputes this should really consider that it is a matter of dispute the local elections is indeed in violation of the TSM so no results.Keywords: Implications – Law Number 8 In 2015 – To Guardian Constitutional
EFEKTIFITAS PENJATUHAN PIDANA TERHADAP TINDAK PIDANA NARKOTIKA DIKAITKAN DENGAN TUJUAN PEMIDANAAN AFRIANDA, WAWAN; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

This narcotic crime in Kampar regency from year to year the number of cases, suspects and victims are always victims of drug-related crime has increased sharply, both in terms of quality and quantity. At the time of this particular criminal offense to narcotics law enforcement and legal certainty has not been enjoyed by people of Indonesia The number of criminal cases of narcotics is seemingly much to give a negative impression that the law can not provide a deterrent effect against perpetrators, whereas the purpose of punishment is to give deterrent effect to the perpetrators.This type of research can be classified by the type of juridical sociological research, because this research author directly conduct of a study on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted in Kampar, while the sample population is a whole party with regard to the issues examined in this study. Source of data used, primary data and secondary and tertiary of data, data collection techniques in this study by observation, interview and literature study.From this research, there are two main things that can be inferred. First, In the criminal punishment of the effectiveness of the criminal punishment against the convict narcotics can be drawn two conclusions that criminal punishment of the first portion of former inmates of narcotic can make and feel deterrent not to repeat his actions and could be said to be effective and the achievement of a goal pemidanaannya, Second, as is known, and based on that crime is viewed from any angle can not be tolerated and left in social life because the drug can leave addictive effects and can damage organs if used in excess and drugs can also damage the nation and the state. Institutions in charge of organizing the judicial court can not do and produce a work without hooking themselves on the roles of the various components of social and community environments that shape it. In responding to the narcotic crime, there are three roles that are less cooperation in combating trafficking and abuse of narcotic drugs and make the ineffectiveness of punishment is the role of the family, the role of the social environment, the role of each individual member of the community.Keywords: effectiveness, narcotics, purpose of punishment
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Pembunuhan Karena Membela Diri Yang Melampaui Batas (Noodweer Excess) Dwi Putri Nofrela; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Self-defense is a form of human nature in protecting themselves from the various threats that could threaten the life safety, morals, and property belonging to themselves. But sometimes the defense is done in case of emergency could have provide disadvantage to other people so that their excessively limits on defenses (noodweer excess). The regulation of self-defense in urgent situations regulated in Pasal 49 the KUHP. In the article it is said that a person who has committed to the defense of life, morals or property belongin to either for themselves or another person can not be convicted.Decision of Pengadilan Tinggi Palembang No. 170 / Pid / 2011 / PT.PLG, Decision of Pengadilan Negeri Lubuk Linggau No. 794 / Pid.B / 2014 / PN LLG and Decision of Pengadilan Negeri Semarang No. : 1002 / Pid.B / 2008 / PN. SMG, has implemented Pasal 49 KUHP within the judge's ruling, which the judge gave the accused acquitted because the judge found the element of justification of the actions undertaken so that the perpetrators can not be held accountable.But in contrast to Decision of Pengadilan Tinggi Pekanbaru No. 09 / Pid.B / 2013 / PTR because the judge did not apply Pasal 49 paragraph (2) KUHP. Ratna (the murder in self-defense) was sentenced to imprisonment for 2 years and 6 months. In fact, if observed the Ratna act in relation to Article 49 paragraph (2) Criminal Code can not meet all the elements in the aforementioned article for protecting the Ratna sought to honor him for acts committed Adi Charlie (the murder victim in self-defense).Key Words : Criminal Liability - Noodweer Excess – Criminal Act
PENERAPAN UPAYA DAMAI TERHADAP KASUS PELECEHAN SEKSUAL DI KEPOLISIAN SEKTOR CERENTI KUANTAN SINGINGI Yanto, Fahmi Riau; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Article 2 of the Criminal Code says that "the criminal provisions in the legislation Indonesia apply to any person who commits an offense in Indonesia" so that could mean that every criminal is treated equally in the process and inspection mechanism in which through the stages of examination at the level of investigation , prosecution and finally decided by the courts. But in kenyataaan in the field often found that a criminal case should have been through the stages of examination at the level of investigation, prosecution and finally decided by the court only at the stage of investigation and ended up in the hands of investigators and was marked by the publication of Warrant Termination of Investigation (SP3) only on the basis the peace efforts and led to peace between the parties so entangled criminal cases, the law is not working as it should and does not provide a deterrent effect against perpetrators. As for the purpose of the author of this thesis, namely: first to determine the application of the peace efforts of the cases of sexual harassment in the Police Sector Cerenti Kuantan Singingi, second, to determine the constraints juridical encountered in the implementation of peace efforts by the Police against sexual harassment in the Police Sector Cerenti Kuantan Singingi.This type of research is classified as socio-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 issues examined. This research was conducted on the Law of the Police Sector Cerenti Kuantan Singingi, 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 tertiary data collection techniques in research this is done with the interview, and literature study.From the results, it can be concluded that, first, to obtain justice, building on shared values, family, deliberation and values to other moral in society; Secondly, As for the reason to do the peace efforts of the cases of sexual abuse by the police sector Cerenti is that Cerenti people in the District is promoting customary law and uphold the name of norms and customs that exist in the area.Suggestions author of the issues examined are the First, the government should immediately make changes to the criminal law in Indonesia because it is already no longer in line with the habits and norms that exist today, the Second, the Government should also create regulations regarding the implementation of the case through peace, so as to avoid misuse and also doubts in solving the case of peace efforts, Third, people should be aware that the implementation of the tasks of Police is a matter that is very difficult and thus require cooperation between the police and the community, thus creating a harmonious relationship and provide information exchange between the police and society and a negative image of the police can be minimized.Keywords: Implementation - Peace Efforts - Sexual Harass
PENYIDIKAN TERHADAP TINDAK PIDANA KORUPSI PENYALAHGUNAAN WEWENANG OLEH KEPALA DESA DALAM PEMBUATAN SURAT KETERANGAN TANAH DI WILAYAH HUKUM KEPOLISIAN RESOR PELALAWAN JIKA DIKAITKAN DENGAN BUDAYA HUKUM MASYARAKAT Gunawan Hutagalung; Erdianto Effendi; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Letter shellfish Land is a government program that aims to facilitate citizens in the Land titling and registration is free, but today a lot going on corruption made accidentally (dolus) to seize the property of others. The purpose of this thesis, namely; First, the implementation of an investigation into the crime of abuse of authority of making statement on land in the jurisdiction of Police Palalawan; Second, obstacles to the implementation of criminal investigations of corruption misuse of authority-making statement on land in the resort Pelalawan police jurisdictions; Third, efforts are being made to overcome the obstacles in the implementation of criminal investigations of corruption misuse wewenanng manufacture certificate of land in the jurisdiction of Police Palalawan.This type of research is classified into types of juridical sociological, because in this study the authors directly conducting this research directly to conduct research on the locations or places studied in order to give a complete picture and clear about the issues examined, the study was conducted at the Police Pelalawan, while 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, technical data collectors in this study with interviews and literature study.From the results of research and discussion can be concluded that the First, implementation of criminal investigations in the jurisdiction of Police Palalawan not run well as it should. Second, obstacles to the implementation of criminal investigations of corruption misuse of authority-making statement on land in the jurisdiction of Police Palalawan is the difficulty in calling a witness, a limited number of police investigators and the lack of ability of the police in dealing with corruption cases of abuse of authority of making statement on land. Third, efforts made in overcoming obstacles in the implementation of criminal investigations of corruption misuse of authority-making statement on land is to coordinate with the witness, adding the number of personnel investigation team Police Palalawan and conduct specialized training for the implementation of the task of investigation of Police Palalawan against corruption cases wewenanng abuse pembutan statement on land.Keywords: Investigation-Crime-Abuse of Authority Making Certificate of Land
PENEGAKAN HUKUM TERHADAP PEDAGANG KAKI LIMA YANG BERJUALAN DI TROTOAR DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Eko Pratama Putra; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

Traffic and Land Transportation has a strategic role in supporting the development of national integration as part of efforts to improve public welfare, as mandated by The 1945 Constitution of the Republic of Indonesia. Traffic and Land Transportation is used as a public service. Implementation of Traffic and Land Transportation in service activities given directly to the public and conducted by the Government, local government, legal entities, and / or community. The uses of the pavement in the city of Pekanbaru in implementation is deficient, the issue of traffic congestion is always about the problem in the community itself, where street vendors who crowded the pavement that led to the disruption of the function of the traffic, not only for motorists but also pedestrians. The purpose of this thesis namely; First, to determine the criminal enforcement against the street vendors who sell on the pavement in the city of Pekanbaru. Second, to determine the barriers of the criminal enforcement against the street vendors who sell on the pavement in the city of Pekanbaru.The type of research can be classified in the kind of sociological research (empirical), because in this study the authors directly conducted the research on the locations in order to provide a complete and clear perspective of the examined problems. This research was conducted at the Department of Transportation of Pekanbaru. The data gathering techniques in this research using observation, interview and questionnaire.From the research, there are two principal issues that can be inferred. First, the enforcement against the street vendors who sell on the pavement in the city of Pekanbaru has not been effective according to the Law Number 22 Year 2009 regarding to Traffic and Road Transportation. Second, the inhibiting factors encountered by Department of Transportation of Pekanbaru in preventing the violations of street vendors who sell in Pekanbaru City pavement is the existence of internal and external factors. The Internal factors from government, is the lack of attention to street vendors to provide a proper and strategic location, and the lack of facilities and infrastructure to support the performance of the members. External factors, lack of awareness of street vendors to comply with traffic regulationsKeywords: Enforcement - Law - Street vendors
PELAKSANAAN PENYELIDIKAN DAN PENYIDIKAN PERKARA PIDANA OLEH KEPOLISIAN TERHADAP LAPORAN MASYARAKAT DI POLISI SEKTOR LIMA PULUH Afrialdo, Masrizal; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Implementation of inquiries and investigations guided by the provisions laid down in the Criminal Procedure Code and Law No. 2 in 2002. The duties and authority of the police has been arranged therein, one of the police authority to perform its obligations is to receive reports or complaints from anyone about the crime. But in fact, many people report about a crime that is not in the process and ignored by the police especially those of the Police Sector Fifty although it is clear that the report is a crime, it makes society into doubt and criticizing the performance of the Police Sector Fifty impressed lazily in their duties. The purpose of this thesis, namely: First, to investigate the implementation of the conduct of investigations and the investigation of criminal matters by police reports from the public sector police Fifty Second, to determine the obstacles in the implementation of the examination and investigation of criminal matters by police reports from the public sector police Fifty third, To know the efforts made to overcome the obstacles in the conduct of investigations and the investigation of criminal cases by police reports from the public sector police Fifty.This type of research is classified in socio-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 in the Police Sector Fifty, while the sample population is the whole party with regard 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 and assessment literature.From the results, it can be concluded that, First, implementation of the examination and investigation of criminal matters by police reports from the public sector police Fifty have not been implemented optimally and benyak as opposed to termination procedures set out in the Criminal Code investigation. Second, constraints in the implementation of the examination and investigation of criminal matters by police reports from the public sector police Fifty among others; The absence of expert crime scene in Police Sector Fifty, the insufficient police officers in terms of quantity, and the lack of budgetary support for the handling of criminal cases. Third, efforts are being made to overcome the obstacles in the implementation of the examination and investigation of criminal matters by police reports from the public sector police Fifty namely, providing expert crime scene in Police Sector Fifty, adding members of the investigator or recruit investigators aide in handling criminal offenses and prepare plan requirements for the handling of criminal acts.Keywords: Research and Investigation-Crime-Community Reports
EFEKTIVITAS OMBUDSMAN REPUBLIK INDONESIA PERWAKILAN PROVINSI RIAU DALAM MENYELESAIKAN LAPORAN MASYARAKAT DIBIDANG PELAYANAN PUBLIK BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2009 TENTANG OMBUDSMAN REPUBLIK INDONESIA DI PROVINSI RIAU TAHUN 2013-2014 Sari, Ria Novia; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Supervision of public service performed by internal and external supervisory. according to article 35 item 2 of Act No. 25 of 2009 on Public Service can be done through oversight by the Ombudsman of the Republic of Indonesia in accordance with the legislation. The Ombudsman of the Republic of Indonesias Riau Province Representative tasked to oversee the implementation of public service in the province of Riau. In this case the effectiveness of the Ombudsman of theRepublic of Indonesia Riau Provincial Legislative need to be assessed in order to realize the objectives of supervision. But in terms of performing the duties and functions of its Ombudsman of the Republic of Indonesia Representative Riau province there are still some obstacles include the lack of human resources, lack of funds, supporting facilities still need to be added in order to support the execution of their duties and functions, as well as the existence of the existence of the Ombudsman of the Republic of Indonesia Representatives of the province of Riau still less among the people. this is what causes his old settlement process and also menghambatan public reports of its operation in the field of prevention.From the research, it can be concluded there are still some tasks Ombudsman of the Republic of Indonesia Representative Riau province that still has not run equally effective, this is due to his existing barriers include the lack of human resources, limited funds, a lack of facilities to support the performance of the Ombudsman of the Republic of Indonesia Representative Riau province, there is still a lack of existence of the existence of the Ombudsman of the Republic of Indonesia Representative Riau Province. To the suggestion of the authors namely the need for additional human resources, an increase in funding, additional support facilities, and the need for socialization evenly in every city / regency in Riau province related to the existence of the Ombudsman of the Republic of Indonesia Representative Riau Province.Keywords : Effectiveness - Representatives of Ombudsman of the Republic ofIndonesia Riau Province - Completion of the public report .
PELAKSANAAN PEMUTUSAN HUBUNGAN KERJA SECARA LISAN TERHADAP PEKERJA DI CV. LIMS KOKTONG PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Tampubolon, Kristin; Lestari, Rika; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Termination of employment is very detrimental to the worker because it will not only affect the loss of permanent employment of the worker but also the loss of the main source of the livelihood of the workers and their families. And often the termination of employment by employers does not follow the procedures and provisions of the Manpower Act to the detriment of workers rights. The purpose of writing this thesis, namely: First, to determine the implementation of termination of work done orally against workers in the CV. Lims Koktong under Act No. 13 of 2003 on employment. Second, to know the legal protection against workers who were laid off verbally in the CV. Lims Koktong Pekanbaru.This type of research can be classified in the type of sociological juridical research because in this study researchers directly conduct research in the location or place studied in order to provide a complete picture of the problem under study. This research was conducted at CV. Lims Koktong Pekanbaru. While the population and sample are all parties related to the problem under study. In this study the data source used is primary data, secondary data, and tertiary data. Data collection techniques were conducted by observation, interview and literature study.From the results of research problems there are two main things that can be concluded. Firstly, the company has committed a violation related to the termination of employment which is done orally and not in accordance with the procedure of the layoffs which have been stipulated in the provisions of Law Number 13 Year 2003 on Manpower set forth in Article 151,152,154,156. Second, the termination of employment which has been done by the company has caused loss to the workers and the rights of the worker have been protected by law and should be given by the entrepreneur when dismissing the employment. Suggestion of the writer, Firstly, Should if the company wishing to terminate the employment of its workers should be guided by the established procedure and following all the provisions and procedures set forth in Law Number 13 Year 2003 on Manpower. Secondly, if the company wishes to terminate the employment should grant the employees laid-off rights.Keywords: Termination of Employment, Legal Protection, Workers / Laborers.
PENYIDIKAN TERHADAP TINDAK PIDANA PEREDARAN OBAT KERAS ILLEGAL OLEH PEJABAT PEGAWAI NEGERI SIPIL BALAI BESAR PENGAWASAN OBAT DAN MAKANAN PROVINSI RIAU SIMAIBANG, MARLINA; ', Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Prescription drugs are also called drug list G, drugs included in this class efficacious hard and when used carelessly can be dangerous even can poison the body, exacerbating the disease, fueling the emergence of other diseases as the negative effects, causing damage to organs of the body, it can even cause death. There are still many hard drugs are sold not in accordance with the applicable provisions of which are still a lot of hard drugs were sold without marketing authorization of BPOM and sold in pharmacies without accompanied by a pharmacist or without a prescription. Each drug and food control carried out by the Central Provincial Food and Drug Administration. Supervision is done by the Civil Investigators assisted by the Police. This type of research can be classified as socio-juridical, because in this study the authors directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined.This research was conducted in the Great Hall of the Food and Drug Administration Riau province, while the sample population is an overall cases related to the problems examined. In this study the source of the data used is primary data, secondary data and data tertiary, while the data collection techniques used in this research is through the interview. From the research problem there are three main things that can be inferred, first, investigation conducted by Investigator of the Interior (investigators) Civil Hall of the Food and Drug Administration Province can be done with a preliminary investigation open and a preliminary investigation is closed, which after obtaining sufficient evidence determination suspects and will be conducted seizure of evidence, the Second, barriers faced PPNS the Center for Food and Drug Administration is the lack of budget to conduct investigations and inquiries, kuranngnya owned facilities as well as the minimal number of Human Resources of the BPOM Riau Province.Third efforts made by the Center for Food and Drug Administration Riau province to overcome the barriers is to increase the budget to conduct investigations and inquiries, increase the number of Human Resources in order duties and functions of investigators can run better and to increase public awareness, public knowledge about the provisions the sale of drugs and food by substitution and sosialition.Keywords: investigation- Drug hard- BPOM

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