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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 2,579 Documents
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TINJAUAN YURIDIS TERHADAP PEMERIKSAAN BERITA ACARA SAKSI DALAM PERKARA PIDANA NARKOTIKA NOMOR:778/PID/B/2011/PN.PBR DI PENGADILAN NEGERI PEKANBARU. Wahyu Rizqy Yusmanita; Mukhlis R; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Narcotics criminal case number : 778/PID/B/2011/PN.PBR in Pekanbaru District Court complaint originated from one society to Br . Mastur that the defendant often buy narcotics Category I ( one ) of dry marijuana , then witness Mastur and Rahmat Hasbi who is a member of the police directorate Riau regional police drug detectives raided the defendant's home and found 1 ( one ) package of dried marijuana leaves wrapped in newspaper and in inside is a 1 ( one ) package of dried marijuana leaves small . Based on the examination of the defendant be examined and investigated by the investigator and the Riau Police Narcotics Investigation Directorate , and was charged by the public prosecutor on charges of violating the provisions of Section 114 and punishable Paragraph ( 1 ) Jo Article 111 Paragraph ( 1 ) of Law No. 35 of 2009 on Narcotics . This case has also been examined and decided by the judges at the Court of Pekanbaru acquittal . In conducting this study the authors chose the subject matter , namely : How the BAP witnesses during the investigation that resulted in acquittal in the criminal case of pure narcotic Number : 778/PID/B/2011/PN.PBR and What accounts free judge in the case dropped this . The purpose of this thesis , namely ; First , the validity of the dossier Knowing witnesses that resulted in a verdict with narcotics criminal case number : 778/PID/B/2011/PN.PBR , Second , Knowing the judge's decision is based on consideration of the minutes of the examination of witnesses in criminal case narcotics Number: 778 / PID/B/2011/PN.PBR .The method used in this study were classified its kind when viewed from the normative legal research. While the data used consisted of secondary data including primary legal materials and secondary legal materials and legal materials tertiary.The results of the study are: Making minutes of examination of witnesses on narcotics criminal case number: 778/PIB/B/2011/PN.PBR not conducted in accordance with the laws that govern them because they do not meet the elements of material and formal elements of a investigation report. investigation report that was not accepted by the judges as evidence that this is considered to be one of the judges in decisions independent of the defendant and the panel of judges at the district court in Pekanbaru into consideration as follows: "of the evidence and legal facts revealed in court that the defendant was not proven legally and convincingly guilty of committing a criminal act as public prosecutor in the indictment "and in that case the judges on the Court of Pekanbaru acquit the defendant of the charges the prosecutor
PENEGAKAN HUKUM TERHADAP PROSTITUSI DI KOTA PEKANBARU Ferly, Bobby; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Factors causing the happening of prostitution is because economic factor that that womans born and enlarged by in impecunious environment, factor of sosiological like existence of social justice and urbanization, psychological factor like feeling to wish to revenge, lazy work and maniac sex and also expanding this prostitution It become various practice under cover like have massage parlour mask to and of spa (solus per aqua), karaoke, and cafe. In this case to straightening of law to prostitution in Town of Pekanbaru become problem and the importance of enforcement of law to the prostitution in Town of Pekanbaru. there is fundamental three things able to be concluded is. First, Enforcement Of Law To Prostitution in Town of Pekanbaru, that all done/conducted by law enforcement agencies punish in Enforcement of law to prostitution in Town of Pekanbaru not yet walked properly, Both, resistance met in straightening of law to prostitution in Town of Pekanbaru is factor of apparatus protected peacemaker or of government officer side using all way of to get items and lack of authority Set Of Police of Pamong District public service to fight against doing an injustice badness of this morale, Third, effort overcome this resistance is by making place rehabilitate and strive and preventif of represif by side] of apparatus of law. Suggestion Writer, First, expected to side of apparatus law doing eradication in this prostitution doing an injustice so that remain to undergo each;every regulation of applicable law. second, the needing of like agency enforcer of coherent law and dare to fight against prostitution doing an injustice, Third, the needing of facility rehabilitate and enableness of prostitute, it self prostitution consumer and pimp.Keyword: Enforcement - Law – Prostitute
TANGGUNG JAWAB BALAI BESAR PENGAWAS OBAT DAN MAKANAN (BBPOM) TERHADAP PERLINDUNGAN HUKUM PENGGUNA OBAT TRADISIONAL YANG MENGANDUNG BAHAN KIMIA OBAT (BKO) DIKOTA PEKANBARU Yessi Seftiani; Hardi '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Traditional medicine is a material form of plant material, animal ingredients, mineral materials used for generations for the treatment based on experience. Under chapter seven versa two Indonesian republic’s health minister rules number seven in two thousand and twelve on the registration of traditional medicine, traditional medicines contain chemicals banned drugs that are isolated. Facts found in the field of twenty nine drug that contain chemicals traditional drug by a large hall food and drug regulatory Pekanbaru sold in drug stores pharmacies in town Pekanbaru.The purpose of this thesis, The first responsibility of a large hall drug and food-related Pekanbaru city folk remedies that contain medicinal chemicals market.The second major effort hall food and drug regulatory Pekanbaru city in tackling trafficking traditional medicines that contain chemicals, drug.This type of research is classified legal research sociological research on the effectiveness of the law in force, this study is a descriptive nature that is systematically describe, facts and characteristics of the object under study precisely.This research is conducted at the office of a large hall food and drug regulatory Pekanbaru, while the overall population and the sample is related to the problems examined in this study. Sources of data used, the primary data and secondary data consisting of primary legal materials, secondary, and tertiary, data collection techniques in this study with questionnaires, interviews, and a literature study and analysis of the data used is the qualitative analysisi and deductive.The final conclusion The first, a large hall responsibilities food and drug administration on drug related Pekanbaru town traditional drugs that contain chemicals that circulate in the city of Pekanbaru has a function that is pre market and post market. Second, a large hall attempts food and drug administration in tackling trafficking Pekanbaru traditional medicine that contains chemicals that extension, destruction of products, administrative sanctions, and confiscation without compensation. Advice authors, the first pre market and post market is further enhanced. Second, not only administrative but also criminal sanctions.Key word : Traditional medicine-BBPOM-Responsibility-Effort to cope
PENGALIHAN TUGAS PENGATURAN DAN PENGAWASAN PERBANKAN DARI BANK INDONESIA KEPADA OTORITAS JASA KEUANGAN BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN Muchda, Metia Winati; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

Regulation and supervision of bank financial institutions and non-bank financial institutions in Indonesia nowadays is done by a new independent agency called the Otoritas Jasa Keuangan (OJK) based Law Number 21 of 2011. However, the task of regulation and supervision of banks is not completely separated from the Bank of Indonesia. The shifting of the task from Bank of Indonesia to OJK be a interesting study that there are two agencies that regulate and supervise the banking. Where both institutions are equally holds the status as an independent institution which is required to be free from all of intervention by other parties. The purpose of this research are: First, to know task of Bank of Indonesia after the shifting regulation dan supervision tasks to the OJK. Second, to know independence of the OJK. Types of research used in this study is the author of normative legal research. This case study further discusses about the principles of law and comparison of law. Source of data used are secondary data sources obtained from the literature, among others, include official documents, books, research results in the form of reports and so on.The conclusion from the study are first, Bank of Indonesia still remains responsible the task of regulation and supervision of banking in section macroprudential. This resulted to should be coordination between Bank Indonesia and the OJK. Second, OJK is in fact not strictly independent.Advice from the author to the problems studied, First, OJK expected to provide legal certainty and increase the potential banking by developing an effective banking system and coordination between the OJK and Bank of Indonesia can be established. Second, the presence of several factors that affect the independence of OJK, it is expected that the parties are in the OJK to act decisively if there is intervention from other parties.Keywords : Regulation - Supervision - Banking - Bank of Indonesia - Otoritas Jasa Keuangan
URGENSI UPAYA PAKSA DALAM PELAKSANAAN PUTUSAN PENGADILAN TATA USAHA NEGARA Uwaisyah Rani; Gusliana Hb; Junaidi '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The weakness of administrative decision assesed in absence of forceful measures imposed on the defendant administrative. With law No.9 of 2004 and changed with law No.51 of 2009, known forceful measures in administrative decision. Article 116, paragraph 4 „in case the defendant is not willing to implement the binding court decision, to official concerned shall attempt a forced measures such as forced payment of money forced and/or administrative sanction‟. But until now the implementation of rules and technical instruction how both intstrument such a forceful measures implemented has not been issued by the government and by the supreme court. The purpose of this writing is to find out the urgency of forceful measures in the implementation of the binding administrative court decision. Conclusions are (1) many administrative court decision that can not be excecuted, due the factors, both in self respect of defendant and the ansence of the institution of measures. (2) forceful measures as mandated in article 166can be implemented effectively because there‟s no implementing reguletion.(3) theimplementation of forceful measures as a feature of the general principle of good governance, the rule of law. And sanction as a weapon for defendant to implement the administrative court decision.The author suggestion that examined of the problems are, first there should be forcibly implementing regulations regarding it self as the publication of government regulations. Second, confirm the dranft plan of administrative law. Third, indispensable participations of defendant in the execution of administrative court decision to determine the development of execution.Key word : Urgency – forceful measures –administrative court
KEWENGANGAN PENGADILAN TATA USAHA NEGARA DALAM PENYELESAIAN SENGKETA PEMILIHAN UMUM KEPALA DAERAH ', Grace; HB, Gusliana; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Abstract

The general elections to choose Regional Head and Regional Head Vice (regional election) directly by the people under the Act (the Act) 32 of 2004 on Regional Government, as amended by Act 12 of 2008 in conjunction with the Government Regulation (PP) No. .6 in 2005, seen as a step forward in the democratic political system in our country, in order to realize the ideals of the Unitary Republic of Indonesia (Indonesian Republic) safe, orderly, fair and prosperous. However, after five years of direct election was held in the Republic (as of the month of June 2005 under the provisions of Article 233 paragraph 1 of Law 32 of 2004), it's almost always tinged with the negative impact of the various violations that gave birth to the dispute and contention, whether conducted by the contestants and supporters as well as those conducted by the organizers (Election Commission) itself.Keywords: Authority –PTUN- Dispute – Regional Election
MEKANISME PEMBERHENTIAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH ( STUDI KASUS PEMBERHENTIAN BUPATI GARUT PADA TAHUN 2013 ) AL QAYUM, M. SADMI; Haryono, Dodi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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This research’s aim was to determined the procedures and dismissal of the regional head based on Undang-Undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah , as well as determine whether the decision of the Mahkamah Agung Nomor 1P/KHS/2013 Tentang Pemberhentian Bupati Garut Tahun 2013 was accordance with the legislation of Indonesia.This research used a normative approach and secondary file as legal materials . The file’s collection was a document form or library’s research that include studies of primary legal materials, secondary legal materials, and tertiary legal materials . The analysis is qualitative analysis and drawing by deductive conclusions.The results showed that the substance of the dismissal of the regional head was regulated in Undang-Undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah even in Pasal 29 Undang-Undang Nomor 32 Tahun 2004 Pemerintahan Daerah still has a multiple interpretations such as : No able to carry out tasks or ongoing basis or permanently unavailable consecutively for six months, no longer qualifies as a regional head , an apparent violation of the oath of regional head. The decision of Mahkamah Agung Nomor 1P/Khs/2013 can be seen in the weight of consideren’s dictum and such decision , which basically accepts the plea of Garut’s Folk Representative Council about the dismissal of Garut’s regional head. Keywords : Termination , Regional Head , Legal Due
ANALISIS YURIDIS TINDAK PIDANA NARKOTIKA JENIS BARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Adelia Yunita; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Drug abuse from year to year has increased which ultimately harm the future generation. Along with the development of technology and information, began to appear, a new type of drugs. New narcotics addict who is not registered with the nature and content of legislation in Indonesia. As an example for a real case related new narcotics is indonesian artist Raffi Ahmad begining 2013. Raffi ahmad proven having and using new narcotics addict who is not registeref with the nature nd content of legislation in indonesia, namely derivate chatinone. Declare from bnn that raffi ahmad proven using new narcotics. The purpose of this research are, first to know legal consequences to new type of narcotic crime based law number 35 of 2009, second to know weakness of the sanction assosiated with asas legality. Types of research used in this study is the author of normative legal research. This case study further discusses about the principles of law and comparison of law. Source of data used are secondary data sources obtained from the literature, among others, include official documents, books, research results in the form of reports and so on. The conclusion of the research are, first legal consequences to new type of narcotic crime can not to apply because this type of the new narcotics using addict who is not registeref with the nature nd content of legislation in Indonesia incuding of legislation of narcotics crime based law 35 of 2009. The type narcotics Raffi Ahmad using is known derivative of chatinone, but not include as one type of narcotics in legislation of narcotics crime based law 35 of 2009. Second weakness of the sanction with cas like Raffi Ahmad used is appears legal vacuum, as the result of the appears legal vacuum wiil occur legal uncertainty (rechtsonzekerheid) or legislation uncertanty in society at large further it will occur disorderly law (rechtsverwarring). Advice from the author to the problems studied, first really more than need implementing regulations for narcotics crime based law 35 of 2009, contents really narcotics new type with all of derivative belong type narcotics to avoid the occurrence of appears legal vacum. Second, very expected for sanction of crime but for reahabilitation sanction for healthly society be come true.Keywords: Criminal Offense-Narcotics-Law
TINJAUAN YURIDIS PERANAN BANK, KEPOLISIAN DAN PPATK DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA PENCUCIAN UANG Josep '; Erdianto '; Syaifullah Yophi A
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Money laundering is a criminal act which arise with the development of advanced science and technology, well as utilizing the the financial system includes banking system to conceal or obscure the origins of the proceeds from of money laundering. Money laundering is a huge loss impact so it requires inter-agency cooperation to prevent and eradicate it. Bank, Police, and INTRAC has essential role in preventing and combating money laundering.The purpose of writing this essay to discuss several issues that is how the role of the Bank, Police, and INTRAC in Preventing and Combating money laundering, how the INTRAC relations with other law enforcement institutions as well as the constraints faced by the Bank, Police, and INTRAC in preventing and combating criminal acts of money laundering and also the efforts by the Bank, Police, and INTRAC in overcoming those constraints. This research is a normative study with qualitative descriptive characteristicsThe results of this study is the role of the Bank, Police, and INTRAC is essential in the prevention and combating of money laundering and the three parties needs to perform their duties and functions in order to prevention and combat money laundering goes well, INTRAC need additional authority which an investigations authority in order to use INTRAC Analysis results can be used as evidence to start an investigation of money laundering crimes act ,in their roles has few constraints which must be solved by them.The authors suggested enhance the synergy between the parties that contribute in preventing and combating money laundering, revision of Law No. 8 of 2010, the implementation of a single identity number, and the improvement of the quality of each of the parties that contribute in the prevention and combating money launderingKeywords: Money Laundering -Role- Bank - Police- INTRAC
PERANAN KEPOLISIAN DALAM MENANGGULANGI TINDAK PIDANA KEJAHATAN ASUSILA YANG DILAKUKAN ORANG DEWASA TERHADAP ANAK DI KOTA PEKANBARU Harinal Setiawan; Dody Haryono; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Are immoral act or behavior that deviates from the norms or rules of politeness which currently tends to occur among many people, especially teenagers. Islam with the Quran and Sunnah have put up a frame for human life in order to be beautiful and clean life of depravity. According to the Islamic view, high and low spirituality (spiritual) in a society is closely related to all his behavior, not only system behavior besifat mahdah worship (special) such as prayer and fasting, but also the behavior of worship are ghairu mahdah (general) such as the matters related to social. The factors that lead to criminal acts are immoral because of the times and technological advances are issuing new products such as films, videos negative effect that makes a person who saw the movie or the video wants to do what they see in movie or video, presence of books in the negative smell that makes someone want to read delusional and immoral actions, issues of economic pressures, and the lack of understanding of the values of religion and morals. The factors that lead to criminal acts are immoral because of the times and technological advances are issuing new products such as films, videos negative effect that makes a person who saw the movie or the video wants to do what they see in movie or video, presence of books in the negative smell that makes someone want to read delusional and immoral actions, issues of economic pressures, and the lack of understanding of the values of religion and morals. In the case of a criminal act committed immoral adults to children in the city of Pekanbaru is an issue and the need for the role of the police against the immoral criminal offense committed against a child adults in the city of Pekanbaru.

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