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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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REKONSTRUKSI KEBEBASAN HAKIM DALAM MEMUTUS PERKARA PIDANA BERBASIS HUKUM PROGRESIF Safni Kholidah Hasibuan; Erdianto '; Mexsasai Indra
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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As the evolution continues to grow from the scientific side, the idea to establish the existence of jurisprudence to be, True science is also growing. It should be noted carefully that in taking legal action or law enforcement then, law enforcement does not solely work only to see the law in its foundation as the rule of law only, but also should build on the foundations of other, more important, the bases were formulated by Radbruch law as a fundamental value, namely,certainty,justice,andexpediency. Judicial independence is the guarantee of the implementation of independent judicial power as outlined in the Judicial Authority Act No. 48 of 2009 states that " Judicial Power is an independent power to organize court to uphold law and justice . The purpose of this thesis is ; to know the practice of judges in deciding the case of criminal law based Progressive. Second; to know new construction build a legal culture based progressive law judges in realizing a true and fair verdict and protect the public interest.Progressive judges are judges who adhere to the flow of progressive law. The word comes from the progressive progressi means is progress. So here is expected that the law should be able to keep abreast of the times, able to answer the changing times with all the basic therein, and able to serve the community by leaning on the aspects of morality and human resources law enforcement sendiri.Jenis research / approach used by the authors is a normative study , with the approach of Legal Theory and principles of the law. Because it makes the literature as the main pedestal. From the research problem there are two main things that can be inferred, first, entrance to the progressive application of the law in the practice of the courts in Indonesia, has been formally granted by Act No. 48 of 2009 on Judicial Power. Second, in practice at the Criminal Court, has begun characterized by a progressive way of thinking, but a way of thinking is still the mainstream of legal positivism among the judges of the courts in dealing with criminal matters.Progressive law presented extremely relevant and important to base and referral cultural reconstruction law judges in handling criminal cases in court. Advice writer, first, in the practice of criminal justice tradition of thinking that the progressive need to be supported, in order to truly become a legal culture among judges in handling criminal cases that the judge's decision is fair, correct and protect the interests of society and the immediate ratification of the draft Law Book of the Law criminal Indonesia, to make it clear that in addition to the written law/ legislation. Second, the judge in deciding a criminal case in court should not be too captive to the law, to violate the laws of justice it has obtained valid, provided that the judge may account for its decision. And the need to insert the material / progressive method of teaching law at the University to broaden the students on legal issues in their entirety.Keywords: Progressive Law – Reconstruction - Legal Positivism
Penyidikan Terhadap Tindak Pidana Keterangan Palsu Dalam Akta Otentik Oleh Kepolisian Resort Kota Pekanbaru Irna Dianis Purba; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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An authentic deed is a deed in the form prescribed by law, be made by or beforepublic officials ruling for it in a place where the deed made pursuant to Article 1868Burgerlijk Wetboek. Officials authorized to make an authentic deed is a Notary, thePresident, ministers, governors, regents, Head, Civil, bailiff, judge and so on. The authenticact is one proof that has the force of law. However, still stout forgery committed by partiesthat may cause harm to the other party. The role of the investigator is very important incriminal cases counterfeiting authentic deeds, and therefore required the implementation ofcriminal investigations in the area of counterfeiting deed City Police Law Pekabaru as statedin Article 266 paragraph (1) of the Criminal Justice Act.This research type is classified in this type of sociological juridical research. Becausein this study the authors directly conduct research on the location or point examined in orderto provide a complete and clear picture of the problems examined, the study was conductedin Pekanbaru City Police. The data used is primary data, secondary data and data tertiary,technical data collection using interviews and literature study.From the results of research and discussion can be concluded that the First, theimplementation of criminal investigations in any jurisdiction in Pekanbaru City Police doesnot run properly. Second, barriers Pekanbaru City Police are searching for evidencepembading, presenting expert witnesses, the detention period of suspects, searching for andfinding an authentic deeds are false, and collect evidence at the crime scene. Third, effortsmade by the police within the constraints of the investigation of criminal perjury in anauthentic deed by City Police Pekanbaru is to coordinate the agencies (Notary, Head, etc.),Searching for resources occurrence of criminal cases of forgery, presenting an expertwitness, gathering evidence, and to disseminate the relevant agencies (Notary, Head, etc.).Advice authors, the implementation activities inquiry City Police Pekanbaru conduct theinvestigation process can immediately resolve the handling of criminal cases ofcounterfeiting authentic act and regulation governing criminal offenses be more specific insetting the rules regarding the criminal act against false information in an authentic deedand obstacles that occur during the implementation process of investigation can be overcomewith efforts that may be made.Keywords: Investigation - Crime - Counterfeit authentic deed
KOORDINASI ANTARA PEJABAT PENYIDIK PEGAWAI NEGERI SIPIL DINAS KEHUTANAN DENGAN KEPOLISIAN DAERAH RIAU DAN KEJAKSAAN TINGGI RIAU DALAM MELAKUKAN PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN MENURUT UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DI PROVINSI RIAU SELVI SAFITRI; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Environmental crime happened a long time and occurs every year in Indonesia. In carrying out law enforcement in the field of the environment, especially in the forestry sector would not necessarily be carried out by the Indonesian National Police in view of the many obstacles encountered made the police should be assisted by the Civil Servant Investigators Forestry Service and the High Court of Riau that has been set in the contitution authorities between law enforcement agencies to coordinate and cooperate in the prevention and eradication of forest destruction.The purpose of this study was to determine the extent of coordination that has been by the Directorate of Special Criminal Riau Police, Civil Servant Investigators Forestry Service and the High Court of Riau in prevention and law enforcement in the forestry sector in accordance with Law Number 18 Year 2013 on the Prevention and Eradication of forest destruction, to determine obstacles in preventing and combating forest destruction, and to know the effort in overcoming dam prevention and eradication of forest destruction.This type of research is a sociological 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 at the Directorate of Special Crime, the Forest Service and the High Court of Riau.The prevention and destruction of forest law enforcement, law enforcement officers in the value is less coordination and lack of cooperation among law enforcement agencies. For that law enforcement officers are expected to further improve coordination in order to create its enforcement of the law especially those in the forestry sector.Keywords: Coordination-Law Enforcement-Forest destruction.
PENEGAKAN HUKUM PIDANA TERHADAP PENDIRIAN RUKO YANG TIDAK MEMILIKI SUMUR RESAPAN BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 10 TAHUN 2006 TENTANG SUMBER DAYAAIR DAN SUMUR RESAPAN DI KECAMATAN TAMPAN KOTA PEKANBARU Gevi Adinda Putri; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Development store in the Pekanbaru City require every store has at least one infiltration wells arranged in Pekanbaru City Regional Regulation No. 10 of 2006 on Water Resources and Infiltration Wells. But many societies still do not heed the rules and are not given criminal sanctions expressly set out in article 29 of the regional regulation. The purpose of this thesis, namely; First, criminal law enforcement to the establishment of a store that does not have absorption wells Based on Regional Regulation of Pekanbaru No. 10 of 2006 on Water Resources and Infiltration Wells in District Tampan Pekanbaru. Second, factors that become an obstacle in the establishment of the criminal law enforcement store that does not have absorption wells Based on Regional Regulation of Pekanbaru No. 10 of 2006 on Water Resources and Infiltration Wells in District Tampan Pekanbaru. Third, the efforts should be made to overcome the obstacles in the enforcement of criminal law against the establishment of a store that does not have absorption wells Based on Regional Regulation of Pekanbaru No. 10 of 2006 on Water Resources and Infiltration Wells in District Tampan Pekanbaru.Type of this research can be classified in sociological research, because in this research the author directly conduct the research on the location or point studied to provide complete and clear picture of the problems examined. This research was conducted at the Department of Spatial Planning and Building Pekanbaru, Unit Municipal police of Pekanbaru City and the store arround of District Tampan Pekanbaru. The population and the sample is a whole parties relating to the issues examined in this study, the data source that used, primary data, secondary data, and tertiary data, data collection techniques in this study with a questionnaire, interview and literature study.From the research there are three basic problems that can be inferred. First, criminal law enforcement to the establishment of a store that does not have absorption wells Based on Regional Regulation No. 10 of 2006 on Water Resources and Infiltration Wells has not run up as expected by the regional regulation. Secondly, a limiting factor in the enforcement of criminal law against the establishment of a store that does not have absorption wells Based on Local Regulation Pekanbaru City Number 10 Year 2006 on Water Resources and Infiltration Wells in District Tampan Pekanbaru they are the lack of socialization of the government, lack of supervision of law enforcement authorities, and the lack of public awareness and compliance with laws. Third, the effort that can be provided in overcoming factors inhibiting the enforcement of criminal law against a store that does not have absorption wells Based on Regional Regulation No. 10 of 2006 on Water Resources and Infiltration Wells is to disseminate to society by means of counseling about the regional regulation, assertiveness from officials or law enforcement authorities, and foster public awareness and compliance about laws. The advices of writer, first, services or related agencies should pay more attention to the future in order to supervise the establishment of the shop. Second, it provides criminal sanctions strictly to persons who commit a violation as well as protecting the perpetrator. Third, Raise awareness and knowledge society through counseling and others about the importance of absorption wells.Keywords: Law Enforcement - Local Rules - Infiltration Wells
EKSEKUSI RIIL TERHADAP PUTUSAN HAKIM YANG TELAH MEMPUNYAI KEKUATAN HUKUM TETAP PADA PERKARA PERDATA NO.20/P.dt.G/2011/PN.Pbr DI PENGADILAN NEGERI KELAS IA PEKANBARU NURI JUMAIDAH AULIA; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Research a civil dispute in two ways, namely litigation and noon-litigation. Dispute resolution throught litigation ended with the judge's decision that has legally binding (inkracht van gewijsde) So in the implementation of the judge’s decision forcible (real execution) by the executor of execution with the help of the public such as the police, even though the military. The real execution is done by district courts often me with resistance from the parties executed a decision of the judge, so many factors that can disturb process of execution. Based on the authors are interested in doing reseaech titled “Real Execution on Civil Case No.20/Pdt.G/2011/pn.Pbr at IA Class of District Court Pekanbaru”. The aimed of this researct was the first, to know the realexecution in civil case on No.20/Pdt.G/2011/PN.Pbr at IA Class of District Court Pekanbaru and secondly, due to the law, which caused when one of the parties was not present in the process the real execution in on No.20/Pdt.G/2011/PN.Pbr at IA Class of District Court Pekanbaru. The first problem was, how real execution civil case on NO.20/P.dt.G/2011/PN.P.br at IA Class of Pekanbaru Court, second, what as a result of the law of the absence of the parties at the time of the execution. This research used juridical sociological research that was descriptive. The research location was in IA Class of Pekanbaru Court. The data used primary data and secondary data as well as data collection techniques such as interviews and library research. From the results of research that was conducted on the first problem can be concluded that at the stage before the execution of district court Pekanbaru has carried out the procedure properly andcorrectly in accordance stipulated by law. At the time of the executions carried out procedures that do not conform to the minutes that have been assigned that cause frustration for the executed. Should the court conducting the execution in accordance with what has been set. The second problems can be concluded that the parties in the case that plaintiff and defendant attend when execution process. Party of National Land Agency of Pekanbaru as the surveyor was not present at the executions carried out. However National Land Agency was not attend, the execution wiil be conducted.Keywords: Real Execution, Civil Case, Class IA of District Court Pekanbaru
PENERAPAN STRICT LIABILITY DALAM PENANGGULANGAN TINDAK PIDANA PEMBAKARAN HUTAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Adeliasari, Sy. Rezi; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Strict liability is a liability without fault, where the perpetrator can already be punished if he has committed a criminal act as has been formulated in the law without seeing how his inner attitude. Forest fires can cause forest destruction and the perpetrators are not only individuals but also by corporations. If the principle of strict liability can be enforced in combating forest burning will provide benefits: (1) bussiness actors undertaking bussiness activities have an enormous impact on their licensing, will be more responsible. Not only responsible to local residents but also to environmental impacts, liability of suspects or companies. (2) strict liability is also able to provide effectiveness to the concept of subtainable development that is not just an appeal but as an order that must be obeyed by business actors.The issue discussed are first, as to whether the strict liability principle can be applied in cases of forest fires in the province, second on whether the application of strict liability constraints in combating forest fires by the special criminal police crime directorate of Riau based on the law number 18 of 2013 on the prevention and eradication of forest destruction, third about how the efforts undertaken by the special criminal investigation directorate of the Riau regional police in combating the act of combustion of forest based on the law number 18 of 2013 on the prevention and eradication of forest destruction.The research method used is empirical research, another term used is sociological legal research called field research and research is descriptive. In data collection, the type of data used in this study is primary and secondary data, ie directly through written data and interviews from the Directorate of Special Criminal Investigation of Riau Regional Police, Law No. 18 of 2013 on Prevention and Eradication of Forest Destruction, Law Number 32 Year 2009 on Environmental Protection and Management, legal journals and research related books. The data analysis is done qualitatively and deductively deduced.From the results of research conducted by the authors of the application of strict liability in the prevention of criminal acts of forest burning has been implemented but there are still many individuals and corporate actors who do not conduct criminal responsibility as appropriate, such as accountability on the principle of strict liability.Keywords: strict liability – Countermeasures –Forest Burning
PERLINDUNGAN HUKUM TERHADAP PRODUK PANGAN YANG TIDAK MEMENUHI SYARAT LABEL BERDASARKAN UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI PROVINSI RIAU Suryadiansyah S; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Understanding food labels according to Article 1 paragraph 3 of Government Regulation 69 of 1999 on Food Label and Advertisement is any description of the food in the form of picture writing, a combination of both, or form a food that came in, put in, attached to, or part food packaging, hereinafter in this regulation called LabelBased on this understanding, the author formulated two formulation of the problem, namely: First, how is the responsibility of businesses to the product labeling does not think large hall drug and food control. Second, whether the legal consequences for food products that do not qualify labeling great hall Food and Drug Administration.This type of research is classified in socio-juridical research, in this wear properties descriptive study using research methods that sought to describe and interpret the object in accordance with what is, with the aim of describing systematically, facts and characteristics of the object under study as appropriate. This research was conducted at the Center for Food and Drug Administration in Pekanbaru, the data used is primary data, secondary data, and data tertiary and research data collection techniques such as interviews, questionnaires and literature study.From the results, it can be concluded that, First account those who market food products to the inclusion of non-qualified labeling labels on food products is to provide a form of warnings and reprimands alone does not make businesses wary. Second, the number of food products that have been circulating in the city of Pekanbaru be a task for the Center for Food and Drug Administration to oversee the food products that have been circulating, lack of human resources that are in the Great Hall of the Food and Drug Administration in Pekanbaru be one performance bottleneck BBPOM that ineffective, and also supposed to give the sanctions more firmly to business actors.Keywords: Responsibility, Food Products, Labeling Requirements
PELAKSANAAN PERJANJIAN KREDIT MODAL USAHA ANTARA PT.BANK PERKREDITAN RAKYAT UNISRITAMA DENGAN NASABAH DI KOTA PEKANBARU Teti Nadya; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Banking is a source of funds in the form of the granting of credit facilities for the community of individuals or business entities to meet the needs business so his business is increasing and evolving. The granting of credit facilities capital stock Of PT. Bank Rakyat Unisitama Soweto to the customer is done through a credit agreement by applying the precautionary principle and risk management credit, but in practice not everything runs smoothly in accordance with the exchanged so that these conditions cause the onset of the credit issues that must be resolved by PT. Bank people's Unisitama Of Pekanbaru.As for the purpose of this research is to know the implementation of the agreement between venture capital credit Pt. Bank Rakyat Unisritama Of Pekanbaru with customers in the city of Pekanbaru 2014 , to know the obstacles the implementation of the venture capital credit agreement between PT. Bank Rakyat Unisritama Of Pekanbaru with customers in the city of Pekanbaru 2014 and the efforts made in addressing the the barriers such.This type of research is sociological research i.e. Research directly on a location or place that is examined with primary and secondary data sources, data collection techniques by conducting interviews and literature review dan descriptive qualitative data analysis as well as methods of deductive conclusions made in withdrawal.Research results showed the execution of the agreement credit business capital between pt. Bank Of Unisritama the people of Soweto dengan customers in the city of Pekanbaru 2014, starting with the application for credit, checks, file verification, on the sport, credit analysis, credit decisions, credit administration, credit disbursements and obligations of the customer. Barriers to the implementation of the Covenant, namely venture capital credit application process takes a long time, installment credit not everything smoothly, construction and supervision of the customer less, socializing less credit. The effort of overcoming the the resistance that is increasing resources account officer, increases the prospective customer knowledge, coaching and supervision insufficient.Pt. Bank Rakyat Unisritama Of Pekanbaru we recommend that you increase the number of qualified accounts officer recruitment through objective and transparent to the customer credit employee venture capital, pt. Bank Rakyat Unisritama Of Soweto helped implementation of credit business capital. Pt. Bank Rakyat Unisritama Of Pekanbaru the budget provides for special credit promotions business capital cost in order for the community who have a small business and micro know about venture capital credit.Keywords: Credit – Venture Capital – Banking
ANALISIS YURIDIS TINDAK LANJUT PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013 DENGAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7/2014 TENTANG PENINJAUAN KEMBALI Fajri Yandi; Emilda Firdaus; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The Constiutional Court issued decision Number 34/PUU-XI/2013 about the review that change the settings of the Relating Reconsideration in the code of criminal procedure by reason of justice in a criminal case , when found the existence of new circumstances (novum), then the restriction of PK contrary to the principles of justice that are so upheld by the judicial power to enforce the law and justice. The decision of the MK is then responded by the MA through the SEMA Number 7/2014 about the PK should only be submitted one time so that raises the conflict of how the legal certainty of the truth.The purpose of this study, to determine the basis of the follow-up to the verdict of MK Number 34/PUU-XI/2013, with the MA circular No. 7/2014 and to determine the juridical implication of the MA circular Number 7/2014 with the verdict of MK Number 34/PUU-XI/2013 as well as to know the theory of law whether the appropriate decision of the MK Number 34/PUU-XI/2013.This research was conducted using the normative approach, namely the principles of law, the type of data in this research is to use primary legal materials, namely the 1945 Constitution, secondary legal materials (books related to research results and data from the internet) and tertiary legal materials (Law Dictionary), data collection techniques in this research is literature study and the analysis of the data using the deductive method is to analyze the problems of the general form to a special shape.The results of the research are : First, the basis of the follow-up to the verdict of MK Number 34/PUU-XI/2013, with SEMA No. 7/2014 is a mistake because of the decision of the MK are final and are binding on all persons and legal entities that exist in Indonesia. Second, the implications of the SEMA Number 7/2014 with the verdict of MK Number 34/PUU-XI/2013 is unconstitutional because it resulted in a blurring of legal certainty. Third, in theory legislation MK decision Number 34/PUU-XI/2013 is not appropriate in the follow-up with SEMA Number 7/2014 because SEMA is a regulatory policy. The author's suggestion, First, expected MA revoke SEMA Number 7/2014 to respect the decision of MK Number 34/PUU-XI/2013 for the sake of legal certainty and justice. Second, the legislation is expected to dig in and do a discovery of the law better longer based on a sense of justice and expediency according to the constitutional. Third, for the Country is expected to be able to evaluate the provisions of the norms or regulations that will be issued if entry laws and regulations.Key words: Analysis of Juridical - The Decision Of The Constitutional Court - Circular of The Supreme Court of Indonesia Number 7/2014
PENEGAKAN HUKUM PIDANA TERHADAP PEMALSUAN PLAT NOMOR POLISI PADA PEMERIKSAAN KENDARAAN LALU LINTAS DI JALAN RAYA OLEH SATUAN LALU LINTAS POLISI RESOR KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN IMELDA '; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Criminal law is present in the community as a means to eradicate crime in the comunity.associated with the authenticity of a plate operated motor vehicle on the road without the necessary license platenumber sign legitimate vehicle in accordance with a letter of explanation TNKB concered by articel 42 ayat 3 letter d of goverment Regulation Number 80 of 2012 on the inspection procedur motocycel vehicles on the road.eforcemen of traffic violations and road transport is a criminal offence, for biker both two wheels and four wheels that violatethe provisions of article 57 travif laws and road transport of vehicle accesories can be in prison terms or fines appropiate that has been set in article 280 of traffic laws and road transport set penalties for people who drive vehicles without fittedTNKB official in charge by the police.by law number 22 of 2009 on traffic and road transportthat the investigation and prosecution of traffic ofenses and road transport carried out by police investigators from the Republic of Indonesia and investigator of civil servants in the field of trafiic and road transport law eforcement againts violations of counterfeiting red plate set in the Regulation Number 3 of 2012 chapter 4 and 5 of the issuance of vehicle registration privileged and confidential for biker vehicle license issued by the IndonesiaPolice force is the vehicle registration priveleged and cofidental given to the offical vehicles, used by military police officers and govermentoficial vehicles which do not comply with the rules be penalized in accordance with article 280 jo 68 law number 22 of 2009 on trafic and road transport in the casse of forgery plate this new car that criminal provisions described in article 64 paragraph 2 of law number 22 year 2009 on trafic and road transport.Keywords : Criminal act-forgery-motorcycle vehicle license plate

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