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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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KEKUATAN KETERANGAN AHLI DALAM PEMBUKTIAN TINDAK PIDANA PEMBUNUHAN (Studi Kasus Putusan Nomor 777/Pid.B/2016/PN.JKT.PST Atas Nama Terdakwa Jessika Kumala Wongso) Daniel Af Hutapea; Erdianto Efendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Justice is the responsibility of all law enforcement personnel, especially police, prosecutors and judges. Evidence is a problem that plays a role in the process of examining the trial. If the evidence proved by the law is "insufficient" to prove the guilt of the defendant, the defendant shall be released from punishment; on the other hand, if the defendant's error can be proven by the evidence referred to in article 184 KUHAP, the defendant shall be declared "guilty ". Based on the trial in the case of Jessika's murder of a victim called Mirna, the evidence in the trial only focuses on expert information only. In this case that actually used as evidence in the trial is based on the facts that occurred in the field is not but opinion and custom.This type of research can be classified in the type of normative legal research, the legal principle used as the problem object in the study is the principle contained in the criminal justice system, that a judge should be able to consider the facts of the trial to create a sense of justice. data sources used consisting of primary legal materials, secondary law materials, and tertiary legal materials, data collection techniques in this study by literature review method, after the data collected and then analyzed to be drawn conclusions.From the result of research and discussion it can be concluded that, First, the power of expert information in the proof of the crime of murder verdict Number 777 / Pid.B / 2016 / PN.JKT.PST on behalf of defendant Jessika Kumala Wongso is the evidence in the trial only focus on the expert's testimony, the judge judged the testimony of the expert witness to prove that Jessika Kumala Wongso was proven guilty, while on the other hand there was no evidence of the fact that the defendant had included cyanide (sodium cyanide) into the victim's drink or so-called Mirna. Secondly, the basis of the judge's legal considerations in deciding the criminal case Number 777 / Pid.B / 2016 / PN.JKT.PST on behalf of defendant Jessika Kumala Wongso is in the consideration of the judge asserted there should be no eyewitness who saw a person committing a criminal act. The judge may obtain from indirect evidenceKeywords: Justice - Proof - Judge Consideration
PENYIDIKANTERHADAP TINDAK PIDANA PENGGUNAAN SPEKTRUM FREKUENSI RADIO TANPA IZIN STASIUN RADIO (ISR) OLEH RADIO PENYIARAAN SWASTA (PENELTIIAN DI BALAI MONITOR SPEKTRUM FREKUENSI RADIO KELAS II PEKANBARU) Roni Gunawan Rajagukguk; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Private radio stations that do not have radio station licenses in recent years have had wide-ranging impacts in various sectors of life. The most affected sectors are the telecommunications sector which resulted in overlapping of frequency channels. Private radio broadcasting is closely related to radio frequency spectrum and satellite orbit, Article 33 Paragraph (1) of Law Number 36 Year 1999 concerning Telecommunication states. In accordance with the description above, the authors are interested to conduct research with the title of investigation of criminal acts of radio frequency spectrum use without radio station permit (ISR) by private broadcasting radio (research in radio frequency spectrum monitor Hall class II Pekanbaru). Then to find out the obstacles faced in the investigation of private radio broadcasting that does not have a radio station license. The last objective is to know the efforts made to overcome obstacles in the process of investigation of private radio broadcasting that does not have a radio station license. In writing this skirpsi, the author uses an approach that is empirical or sociological law research. While the data collection technique is the interview And the study of data using deductive method that is analyzing the problems of a general nature then drawn to conclusions in particular based on existing theories.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (Studi Putusan Perkara Nomor: 4/Pid.Sus-Anak/2017/PN Pbr) Dyane '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

Provision of criminal sanctions against children as perpetrators of criminal acts of theft with violence and denial which have complied with the provisions of Article 365 paragraph (2) to the 2nd Criminal Code (Penal Code) with imprisonment for 1 (one) year and 6 (six ) month for perpetrators who are aged 14 years is considered not appropriate when viewed from the concept of punishment of children. A special imprisonment has a negative impact on the child's development. Sanctionsweet against misbehaved children (juvenile delinquency) may be given action in the provision of Article 82 paragraph (1) of Law Number 11 Year 2012 on Child Criminal Justice System. type of normative juridical research, whose purpose with normative juridical research is a study that discusses legal principles, legal system, law-law level, legal history, and comparative law. Judging from the nature of the research used Descriptive, The purpose of this study is to provide a systematic description of the level of self-law in the criminal responsibility of children as perpetrators of theft with violence. Sources of data used, primary data and secondary data and tertiary data, data data techniques in this study with literature review. From the results of this study the authors can be concluded. First, the responsibility of the child in committing a crime is a responsible and ready child to be investigated, prosecuted and tried in court. It's just that there are provisions where a child is not the same as the parents. Secondly, the judge in making a legitimate child criminal verdict is sufficient only to base on what has been written and regulated in the Act. And in juridical considerations in the case of children, there is clearly a difference regarding the provisions of material offenses and the provisions of the formal offense. Keywords: Judge's Verdict - Criminal - Child Account
PENYIDIKAN OLEH KEPOLISIAN TERHADAP PENYALUR JASA TENAGA KERJA INDONESIA ILEGAL DI WILAYAH HUKUM POLISI DAERAH KEPULAUAN RIAU Silvia Handayani; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Until now the criminal act of illegal placement of migrant workers by thebrokers still occur in the area of Kepulauan Riau Police especially in Batam City,because Batam City is used as a transit point for them to go to Singapore orMalaysia through the official international transportation route where using aregular passport with mode that their destination is limited to visiting destinationcountries, this reasoning used to trick immigration officers. The criminal act ofillegal placement of migrant workers conducted by brokers or service providers inthe Kepulauan Riau Police territory in 2015 the number of suspects as many as 4people with the number of victims as many as 17 people, in 2016 the number ofsuspects as many as 13 people with the number of victims of 66 people, and in 2017the number of suspects as many as 4 people with the number of victims as many as22 people.This research is a type of research that is empirical or sociological lawresearch. Legal juridical empirical research or sociological law research is researchconducted directly on site or in the field to obtain data to provide a complete andclear picture of the problem in the perusal. Viewed from its nature describes the factsof symptoms and facts contained in life in a deep social.The results of research conducted by the author is first, the investigation ofthe Indonesian labor supplier in the Batam City handled by Kepulauan Riau Policeis not optimal. Second, obstacles from lack of knowledge and legal awareness of thecommunity, searching for illegal migrant worker recruiters, facilities andinfrastructure, lack of operational budgets, fewer police officers and no legal degree.Third, efforts to overcome these obstacles by increasing participation and knowledgewith the socialization of law to the community, coordinate with local police to lookfor the presence of suspects illegal recruiters, improve facilities and infrastructure,increase operational budget, increase the number of police officers and policeshould have law degree.Keywords: Investigation - Criminal Act - Labor - Illegal
PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN PENYALURAN PUPUK BERSUBSIDI BERDASARKAN PERATURAN MENTERI PERDAGANGAN REPUBLIK INDONESIA NOMOR 15/M-DAG/PER/4/2013 TENTANG PENGADAAN DAN PENYALURAN PUPUK BERSUBSIDI UNTUK SEKTOR PERTANIAN DI KEPOLISIAN DAERAH RIAU Siregar, Pera Erawina; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The government has regulated regulations on subsidized fertilizers but there are still many criminal acts of misuse of subsidized fertilizer distribution. Fertilizers that are subsidized by the government are designated for farmer groups or poor farmers to help improve the economics of farmers' groups or farmers. However, in practice, fertilizers that have been subsidized by the government are misused by the perpetrators of criminal acts for their personal or group interests that result in losses to the government and loss to farmers groups or needy farmers. Abuse of subsidized fertilizers is included in economic crime. Economic crime is the act of a person who violates government regulations in economic field. The purpose of writing this thesis is first To know the role of Investigators in tackling the crime Abuse of Distribution of Subsidized Fertilizer based on Regulation of Minister of Trade of Republic of Indonesia Number 15 / M-Dag / Per / 4/2013 About Procurement and Distribution of Subsidized Fertilizer for Agricultural Sector in Riau Regional Police. Secondly to know the factors that cause the rampant Misuse of Subsidized Fertilizer Distribution.This type of research can be categorized in the type of sociological research. The research location is Riau Regional Police. Sources of data used are primary data and secondary data. Data collection techniques are questionnaires, interviews, literature review. After the data collected then analyzed qualitatively by using the deductive method of drawing the conclusions of the things that are general to things that are special.From the results of research there are two main things that can be concluded. First Role of Police Investigator in tackling crime of abuse of distribution of subsidized fertilizer for Agricultural Sector in Riau Regional Police, that in its implementation the role of police investigator is not running properly for that in this case should police investigator do preventive and repressive effort. Both factors causing widespread misuse of the distribution of subsidized fertilizers include internal and external factors.Keywords: Subsidized Fertilizer - Investigation - Crime
Peranan Intelijen Kejaksaan Tinggi Riau dalam Pengungkapan Dugaan Tindak Pidana Korupsi Adri, Saidil; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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One of the crimes that can be said to be unsettling and quite phenomenal is the problem of corruption. This criminal act not only harms the state's finances, but also violates the social and economic rights of the people. Corruption is a serious problem, this crime can endanger the stability and security of society, endangering socio-economic development and also politics, and can damage the values of democracy and morality because gradually this act seems to be a culture. The AGO is an institution authorized in the criminal act of corruption. The purpose of this thesis is to know the role of the High Intelligence of Riau Intelligence in Disclosure of Alleged Crime of Corruption and Barriers faced by the High Prosecutor's Office of Riau in Disclosure of Alleged Corruption.This research is sociological or empirical research that is kind of research which use society assumption in searching facts that happened in field to answer an existing problem. The research was conducted in the jurisdiction of the Riau High Prosecutor's Office. While the population and sample are the parties related to the problems studied in this study, the data sources used, primary data, secondary data, and tertiary data. Technique of collecting data in this research by interview and literature study.From the results of research that the authors do can be concluded, first The role of Intelligence of the Riau High Prosecutor Office in the disclosure of alleged corruption crime is to conduct activities and operations of judicial intelligence or investigation to collect data or information that can be used as evidence of whether or not there has been a criminal act of corruption which further evidence is submitted to the Leader or parties concerned for further decision making. The obstacles faced by the Riau High Prosecutor's Intelligence in uncovering allegations of corruption in the Riau High Prosecution's legal area are human resources (HR) factors, legal regulatory factors that are perceived to be inconsistent with the demands of the development of society, the difficulty factor for the Intelligence Prosecutors in obtaining evidence in the form of letters, valuable documents, and related assets, the lack of funding factors, lack of coordination by the Prosecutor's Intelligence with the relevant agencies, and the lack of planning factors undertaken by the Riau High Prosecutor's Intelligence.Keywords: Intelligence - Prosecutor - Crime – Corruption.
Pelaksanaan Perlindungan Hukum Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Kesusilaan Di Wilayah Hukum Kepolisian Resor Kampar Bagus, Adimas; Firdaus, Emilda; ', Erdianto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Human rights are basic rights that are inherently human, universal, and bestowed by God Almighty. In the protection of human rights, children are also included. A child is a person who is not yet 18 (eighteen) including a child still in the womb. Child protection efforts should begin as early as possible, but the reality is still often heard by the child being the perpetrator and the victim of decency. In Indonesia the government and the police function to make efforts to protect and improve the welfare of children. Based on data obtained from the polar kampar police, Kampar district occupies the first level of moral crime, especially children who commit criminal acts of decency, and the number of cases has always increased in the last three years. In this case relate to the protection of the child who is the perpetrator and the victim in criminal acts committed by the police of Kampar resort. Efforts are made to overcome obstacles from the Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territory of Kampar Police Resort Law.This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied to provide a complete and clear picture of the problem under study. This research was conducted in Kampar Village Resort Police Law whereas population and sample are all parties related to the problem studied in this research, data source used primary data, secondary data, and tertiary data, data collecting technique in this research is done by observation questionnaires, interviews, and literature review.From the results of research problems there are three main things that can be concluded. First, the implementation of legal protection for children as perpetrators and victims in criminal acts of decency, namely in the form of providing protection in accordance with child protection legislation. Second Implementation of Legal Protection Against Children as perpetrators and Victims in criminal acts in the territorial wards of Kampar Police Resort. The three obstacles in the implementation of legal protection of children as perpetrators and victims in criminal acts in the area of police law resort kampar. The writer's suggestion, firstly in providing legal protection of Kampar Resort Police especially PPA unit is expected to continue to maximize the interests of the child, either as the perpetrator or as the victim, so as not to disturbed the psychological of children experiencing legal process; Secondly, Legal protection of children as perpetrators and victims in legal territory The Kampar Resort Police must be carried out as a digression or discretion as soon as possible while the act can be forgiven. Third, the obstacles faced by the Kampar Police Force from the implementation of legal protection of children as perpetrators and victims there are 2 (two) factors that are internal factors and external factors that must be considered as much as possible.Keywords: Kampar District Police- Child Protection as Perpetrators and Victims - Criminal Acts of Decency
PERLINDUNGAN HUKUM TERHADAP WARTAWAN YANG MENGALAMI TINDAK PIDANA KEKERASAN DALAM MENJALANKAN TUGAS PROFESI Elfrida, Eisabet Sri; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

The development of mass media today is growing rapidly to be accepted and consumed by the public, whether news that smells negative or positive. The press and mass media are also very supportive for the success of development and the achievement of a just and prosperous society based on Pancasila in addition to the facilities that support the implementation of other development.As for the problems in this research is the cause of violent crime against journalists who are carrying out duties and professions. The legal rules concerning violent crime committed against journalists who are carrying out their duties and profession and legal protection against journalists who are subjected to criminal acts of violence in carrying out duties according to the Criminal Code and Law No. 40 of 1999. This research includes research normative law, including research on the inventory of positive law, legal principles, clinical law research, systematic legislation, synchronization of a legislation, legal history and comparative law.Legal arrangements against journalists of criminal acts of violence in performing professional duties Article 28 of the 1945 Constitution. Law Number 40 Year 1999 concerning the Press. Law Number 39 Year 1999 on Human Rights. Causes of violence against journalists are Internal Factors, Weak Regulation, Changes in legislation, Incompetence of journalists, Standards competence of journalists against changes in the laws of the press. External factors. Perpetrator of Persecution Not Understanding Journalist is a Profession Protected by Law and Constitution. Journalists who do not work in accordance with journalistic code of ethics and Law no. 40 of 1999. Press companies that have not been total in defending journalists. Criminal law policy against journalists in performing professional duties, namely: Penal Penal path, namely by applying criminal law (criminal law application). Non Penal The non penal path is done in a way that is: prevention without punishment, including the imposition of administrative sanctions and criminal and civil sanctions. Affects the public's view of crime and mass media development (influencing views of society on crime and punishment).
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL BIGO LIVE BERDASARKAN UNDANGUNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANGUNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KEPOLISIAN RESOR KOTA DUMAI Natasya Alfiana Sagita Saragi; Erdianto Effendi; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Internet media can give birth to new activities that are not fully regulatedby the existing law. This fact has made people aware of the need for regulationthat regulates the activities that involve the internet media. Along with theexistence of internet media in the community developed the internet media alsogave birth to new anxieties, among others the emergence of a new, moresophisticated crime in the form of cyber crime (cyber crime). The purpose ofwriting thesis in, namely First, To know how the law enforcement process and theapplication of sanctions against pornographic crime through social media bigolive based on Law No. 11 Year 2008 About Information and ElectronicTransactions. Second, To know the preventive efforts of government and lawenforcement officers in overcoming the high index of pornographic crime throughsocial media bigo liveThis type of research can be classified in the type of sociological juridicalresearch, because in this study the authors directly conduct research on thelocation or place studied to provide a complete and clear picture of the problemunder study.From the research results of the problem there are two main things that canbe concluded, First,Law Enforcement and Application of Sanctions againstpornography through social media bigo live Based on Law Number 19 Year 2016amendment to Law Number 11 Year 2008 About Information and ElectronicTransaction at the Dumai City Police Force,law enforcement at the Dumai CityResort Police has not been running as it should and the imposition of its sanctionscan’t be imposed directly on the perpetrators. Secondly, the preventive effortsundertaken by the Government and the law enforcement officers of Dumai CityPolice Force are to socialize the dangers and negative impacts of pornographythrough social media to the community.Author's suggestion, Firstly, It takescommitment in law enforcement against pornography through bigo live socialmedia.Keywords: Law Enforcement-Pornography-Dumai City Police Officer
PENEGAKAN HUKUM TERHADAP KENDARAAN BERMOTOR ANGKUTAN BARANG MENGENAI TATA CARA PEMUATAN DAYA ANGKUT DAN DIMENSI KENDARAAN BERDASARKAN UNDANG- UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI KOTA PEKANBARU Muhammad Fadil Abdillah; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The presence of large-dimensional vehicles and large capacity is a factor causing road damage and high fasalitas for road users in Pekanbaru City. The obligation to comply with the provisions of goods shall be regulated in Article 169 paragraph (1) of Law Number 22 Year 2009 regarding LLAJ which reads "The Driver and / or Public Transport Company must comply with the provisions on loading procedures, transportation capacity, vehicle dimension and road class, large tonnage in violation of the hauling procedure is very disturbing to the public.The rise of violation of cargo goods that occurred in Pekanbaru City is not free from the law enforcement process that has not been optimal, therefore the law enforcement of motor vehicle goods that are not in accordance with the provisions must be optimized to realize legal certainty and public comfort.The purpose of writing this thesis, namely: First, To know the law enforcement of vehicle freight knowing the procedure of loading and transporting vehicle dimensions based on Law no. 22 Year 2009 About LLAJ in Pekanbaru City. Second, To know the obstacles in law enforcement of motor vehicle freight in general. Third, To know the efforts made in the law enforcement of motor vehicle freight in general.This type of research can be categorized in the type of sociological research. The research location is Pekanbaru City. Sources of data used are primary data and secondary data. Data collection techniques are interviews and literature study using deductive methods that draw conclusions from things that are general to things that are special.From the research results can be concluded. First, the enforcement of motor vehicle law in Pekanbaru City has not been proven optimally with high freight cost. Secondly, lack of optimization of law enforcement caused by obstacles such as limited authority of PPNS Dinas Perhubungan, lack of regulations on limitation of freight rates, corruption, lack of coordination of authorized institutions, minimal facilities and facilities, absence of storage warehouse, lack of awareness of drivers and cultural factors. Third, motor vehicle law enforcement efforts in Pekanbaru City include the stipulation of regulation concerning limitation of public transportation tariff and strengthening of authority of Transportation Department Vehicle, personnel skill improvement, budget improvement for provision of weighing tool and improvement of facilities and socialization and law enforcement to increase awareness about traffic safety .Keywords: Law Enforcement-Motor Vehicle Transportatio-Procedures for Vehicle Resilience and Dimensions of Motor Vehicle Law No 22 Year 2009 About LLAJ-Pekanbaru City

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