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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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PERTANGGUNGJAWABAN PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DALAM TINDAKAN SALAH PENANGKAPAN TERHADAP PELAKU TINDAK PIDANA DALAM HUKUM PIDANA INDONESIA Indah Rezeki Manurung; Erdianto Effendi; Ferawati '
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

One of the arrests is the mistake or negligence of the investigator indetermining the offender. The phenomenon of cases of wrongful catch is evidenceof weak performance of law enforcement officers and this should be accounted forreferring to the professionalism as law enforcement.This type of research can be classified with the type of normative juridicalresearch, because in this study the authors directly synchronize the law by usingthe normative approach focused on library research. This study analyzes thelegislation concerning the accountability of Polri investigators who have miscaughtwhen carrying out the duties and the cause of the wrong action of arrestby the investigator.From the results of this study there are some things that concluded theauthor. First, the occurrence of the victim of the arrest due to the lack ofunderstanding and the implementation of the investigator against the principle ofpresumption of innocence and the Criminal Procedure Code, the investigator usesa way contrary to the law to investigate the suspect by force or use violence toobtain information and recognition of the suspect, making BAP is far from actualthis matter may be punished and prosecuted in pre-trial shall be imposed withArticle 52, Article 333, Article 334, Article 351 of the Criminal Code. Secondly,the responsibility of the police investigator is divided into two, namely thematerial responsibility, namely the sanction of apology and the immaterialresponsibility, namely the sanction in the form of the obligation of re-education inthe institution of the police education.Keywords: Accountability - Investigators - False Arrest
PERBANDINGAN PENGATURAN TINDAK PIDANA ABORSI MENURUT HUKUM POSITIF INDONESIA DAN HUKUM ISLAM R. Dyah Siti Safira; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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A woman becomes pregnant unwanted and she cannot accept the situation as her fate, so she does all sorts of effort to abort her womb. The formulation of the problem, how to compare the arrangement of abortion based on Positive Law in Indonesia and according to Islamic Law. What is the ideal of abortion crime of rape victims so far according to Positive Law in Indonesia and Islamic Law.The purpose of this research is to know the setting of abortion crime according to Positive Law in Indonesia and Islamic Law to know comparison of abortion based on Positive Law in Indonesia and Islamic Law. This type of research is normative research which discusses legal principles, legal system, legal synchronization level, legal history and comparative law of problem based on the prevailing laws and regulations by prioritizing library materials and its implementation in practice. Research conducted by the author is an analytical descriptive research.Conclusion Comparison of arrangement of abortion crime according to Positive Law in Indonesia and according to Islamic Law is seen from positive criminal law of abortion is categorized as a crime refers to Law Number 36 Year 2009 on Health, Criminal Code (Penal Code), and Government Regulation on Reproductive Health. The Criminal Code explicitly states the abortion of violations of law and criminal acts under Article 346 of the Criminal Code and there is no exception, the Health Law Article 75, the aspect of Islamic law of abortion in the Qur'an in Sura An-Nisa 'verse 93, Surat al-Isra 'verse 31, Hadith Muttafaq'alaih, and Ijma' ie MUI Fatwa Number 4 Year 2005 regulates the abortion. In Islamic law illegitimate abortion lawya because like killing humans and sanctions got a very big sin from Allah SWT except that not yet 40 days and for medical reasons. Ideally, the abortion of rape crime victims according to Positive Law in Indonesia and Islamic Law that the Positive Law of Indonesia provides legal protection against the act of abortion provocatus on rape victims with some requirements as medical reasons such as Article 75 paragraph (3), 76 Law Number 36 Year 2009. Revision of Law Number 36 Year 2009 on Health abortion is allowed not only limited medical reasons to save the life of the mother of emergency, but also pregnancy due to rape and incest, pregnant women suffering from severe mental disorders, and the fetus has severe congenital defects. Islamic law does not permit abortion, but seeing the psychological effects that rape women suffer so much, the considerations based on the rules of fikiyah, abortion due to rape may be justified by reason and abortion notes of indications of medical emergency and pregnancy due to rape, abortion may be performed before the age of 40 day is calculated from the last experience of menstruation.Keywords: Abortion-Positive Law in Indonesia-Islamic Law
PENYIDIKAN TINDAK PIDANA PERAMBAHAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Dewa Ayu Putu Laksmi; Erdianto Effendi; 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

Lately, the destruction of forests has become more widespread and complex. The destruction occurs not only in production forests but has also penetrated into protected forests or conservation forests. Forests encroachment is a forest clearing activity for the purpose of owning, controlling, and utilizing forest product regardless of the basic function carried by a forest area. Illegal occupation of forest land, forest use deviating from its function, and irresponsible forest exploitation are severely damaged. The losses incurred by forest encroachment are enormous, the country losing billion and even trillions of rupiah. In addition to economic losses of forest products taken by encroachers uncontrollably and ignoring sustainable principles, the enormous environmental damage is very large and has extraordinary impact on forests ecosystem imbalances.This study uses a kind of sociological juridical research that sees the correlation between law and society. This research was conducted at Sub Directorate IV of Directorate of Special Criminal Investigation of Riau Regional Police, while population and sample are all related parties in problem to be studied. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in this study by interviews, and literature review.From the research there are three main points that can be concluded. The first, criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, is still not running properly that has been regulated in legislation. Secondly, obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are financial obstacles, obstacles of facilities and infrastructure, obstacles to bring in forestry experts, lack of public legal awareness, and geographical factor. Third, efforts to overcome obstacles in the criminal investigation of forest encroachment based on Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction by Directorate of Special Criminal Investigation of Riau Regional Police, are propose additional operational costs, adding facilities and infrastructure, coordinate or communicate with experts, and raising public awareness of forest legislation.Key Words: Investigation – forestry crime – forest encroachment
PENEGAKAN HUKUM PIDANA DALAM UPAYA PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI HASIL TINDAK PIDANA NARKOTIKA DI KOTA PEKANBARU (Studi Pada Kejaksaan Negeri Pekanbaru) Ananta, Bella; Effendi, Erdianto; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The crime of illicit drug trafficking has long been believed to have a close relationship with the money laundering process. Organized crime always uses this money laundering method to conceal, disguise or obscure the illicit business result in order to appear as if it were the result of legitimate activities. The proceeds of the narcotics sale are used again to commit a similar crime or develop new crimes. Background of illegal narcotics perpetrators who transfer and conceal the property of proceeds of crime through the financial system and reinvest the proceeds of crime for further criminal acts or into legitimate business.This type of research can be classified with the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This study was conducted in the jurisdiction of the Pekanbaru District Attorney, while the population and sample were the whole parties related to the problems studied in this study. Sources of data used, primary data and secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of this study that the authors do can be concluded. First, the process of the case has been implemented starting from the research process. Police investigator investigations, complete court files (P21), court proceedings to court, indictment, prosecution, verdict, until the prosecutor executes the judge's verdict. Secondly, the obstacles faced coming from Narcotics crime are divided into 2, namely Internal Barrier: Politic Will or the will of the authorities and still lack of training and money laundering education on a scale. External Barriers: The limited authority of PPATK, For Financial Service Providers / CHD has not been optimal with the principle of knowing the customer, understanding of reversing or reversing the burden of proof.Keywords: Law Enforcement - Proof - Money Laundering
PENEGAKAN HUKUM TERHADAP PELAKU PUNGUTAN LIAR DENGAN MODUS UANG ADMINISTRASI DI KANTOR KECAMATAN RUMBAI BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2001 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Erna Puspita Sari; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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One form of corruption that often happens in everyday life is illegal levies. Illegal charges are often conducted in various modes, one of which is administrative money in the management and publication of residence documents in government agencies such as in the Rumbai District Office. Thus, it includes illegal bans and individuals who can be convicted under Law Number 20 Year 2001 Amendment to Law Number 31 Year 1999 concerning the Eradication of Criminal Acts of Corruption. Based on this fact, then there are three formulation of the problem in writing this thesis, namely: First How law enforcement against the perpetrators of illegal levies with the mode of administration money in Rumbai District Office Based on Law Number 20 Year 2001 About Corruption Eradication ?, second, what obstacles in law enforcement against illegal levies in Rumbai District Office ?, third what is the effort done in law enforcement against illegal levies in Rumbai sub-district office ?. The research method in this research is qualitative research method with empirical juridical approach or sociological law research. Data sources are supported by primary and secondary data sources. Data collection techniques used were interviews, questionnaires and literature review. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form. From the results of research and discussion it can be concluded that, Law enforcement against the perpetrators of illegal levies by civil servants will be applied Article 12 of Law Number 20 Year 2001 Amendment to Law Number 31 Year 1999 on the Eradication of Corruption but the illegal charges that occurred in the Office District of Rumbai conducted by employees for the sake of personal interest as if it has become a habit. Residents who feel restless but do not report the action make the employees who do it does not have a deterrent effect. The obstacles in law enforcement are the absence of reports from the public, Financial (Finance), Lack of Concern and Awareness of Law Society, Culture and Habit, Lack of cooperation of Regional Supervisory Board and Police Apparatus. Some efforts were made to overcome these obstacles by giving a plea for notification of the prohibition of corruption, socialization of the people of Rumbai Sub-district, and improving the cooperation of the Regional Supervisory Board and the Police Service. Keywords: Law Enforcement-Corruption-Illegal Drawing
Perbandingan Formulasi Tindak Pidana Judi Dalam Kitab Undang-Undang Hukum Pidana Di Indonesia Dengan Hukum Islam Wulan Kartika Sari; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The Arrangements on Gambling are governed by Article 303 of the Criminal Code and Article 303 bis of the Criminal Code jo. Law of the Republic of Indonesia Number 7 Year 1974 regarding Gambling Control. The purpose of writing this thesis that is to know the setting of gambling, weaknesses and advantages of gambling arrangements in the Book of Criminal Law in Indonesia and in Islamic Law.The research methods in this research, First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, data collection techniques used are literature review or documentary study. After the data collected then analyzed qualitatively, and draw conclusions with the deductive thinking method of analyzing the problem from the general shape to the special form.From the results of this study that the authors do can be concluded. The setting of gambling is not based on the philosophical, sociological and juridical values of Indonesian society. The Criminal Justice Code only specifies that what is meant by gambling whereas in Islamic Law the criminal act of gambling is subject to ta'zir punishment.Keywords: Arrangement-Gambling-Islamic Law.
PELAKSANAAN PUTUSAN HAKIM YANG TELAH BERKEKUATAN HUKUM TETAP ATAS PENGEMBALIAN BARANG BUKTI DI KEJAKSAAN NEGERI INDRAGIRI HULU Setio, Heri Anjar; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The AGO is not only in charge of prosecution, but also as executor of the judge's decision which has obtained permanent legal force, as regulated in Article 270 of the Criminal Procedure Code which appoints the prosecutor as the executor of the court decision. Therefore the Public Prosecutor's Office Indragiri Hulu in addition to the prosecution of criminal acts, also focused on the evidence that has been picked on the content of court decisions. Which is known in terms of execution of judicial decisions by judges about the evidence is so under-emphasized because in the case of the trial, the defendant in the case of the criminal act is focused. Judging from its authority, the prosecutor's office has the right in returning the evidence which has been listed by the judge in the execution of the court decision whether it belongs to the defendant or the victim, judging from the storage place of the evidenced so much, the writer is interested to examine the execution of the judge's verdict which has the permanent legal force for the return of evidence at the Indragiri Hulu State Prosecutor Office.The researcher wants to study and answer the problem of how the execution of the judge's decision which has the permanent legal force over the return of the evidence? as well as the barriers that occur in the implementation of the return of evidence that has obtained legal force remains? and also how the efforts undertaken in overcoming the barrier of return of evidence that has obtained legal force remains?The method that writer use is by method of sociological approach with collecting data as follows: literature study, document study, and interview.The results of the study and discussion can be concluded that the judge made a letter of passage of the verdict, the decisions came out 1 week after the verdict was read by the judge. The petition of the verdict is then granted to the prosecutor for the prosecutor to prepare the minutes of the judge's determination (BA-6) and make the report of the evidence-taking event (BA-20), then (BA-6) and (BA-20) awarded to the defendant or party which is mentioned in the contents of the decisions made by the judge, because the minutes of the proceedings constitute notification of the collection of evidence as stated in the contents of the decision in the Prosecution or RUPBASAN. Constraints in the implementation of the return of evidence by the prosecutor that the lack of clarity of the address to the owner of the evidence, the vehicle is still a credit, and the period of return of evidence has not been set in concrete causing the storage space of evidence becomes full, Suggestion case author who has received the decision of Inkracht Prosecutor the executor of the judge's verdict shall promptly return the evidence to the person mentioned in the content of the decision or those who are entitled in accordance with the laws governing it. As well as the addition and renewal of infrastructure to minimize the accumulation of evidence at the AGO and RUPBASAN.Keywords: Procurator - Goods Proven - Judge's Decision
PENEGAKAN HUKUM TERHADAP PUNGUTAN LIAR YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL DINAS KEHUTANAN PROVINSI RIAU OLEH TIM SAPU BERSIH PUNGUTAN LIAR POLISI DAERAH RIAU Malynda '; Erdianto Effendi; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Abstract

One form of corruption that often happens in everyday life is illegal levies.This also occurs in the realm of the Forestry Service, Civil Service Official of theForestry Service which in this case performs illegal levies is a member of forestpolice officers where forestry police are supposed to carry out their positions inaccordance with the power of law but instead perform actions that harm thepublic by abusing their power. In Indonesia, illegal levies are one of the forms ofcorruption crimes set out in Article 12 of Law Number 20 Year 2001 concerningthe Eradication of Criminal Acts of Corruption of Amendment of Law Number 31Year 1999 on Corruption, the article regulating the threat of sanctions that can beimposed against perpetrators of illegal punishment. But of course the regulationon sanctions alone is not enough to eradicate illegal pungli. Therefore, in order tofurther enforce the law related to illegal levies, the Government issuedPresidential Regulation No. 87 of 2016 on the Task Unit of Clean Sweep of IllegalDrawing. However, the dilemma itself for the team clean sweep illegal Polda Riauwhere efforts to enforce the law against illegal perpetrators because it does notexplain the nominal amount of levies that can be snared into Article 12 letter eLaw Number 20 Year 2001 on Corruption Eradication Corruption Act - LawNumber 31 Year 1999 on Corruption. The purpose of writing this thesis, namely;First, To know law enforcement against Civil Service Officer of Forestry Serviceof Riau Province who do illegal levies. Second, To know the legal issues thatoccur in law enforcement against Civil Service Officer Riau Forestry Servicewhich do illegal levies.From the results of research problems there are two main things that canbe concluded. Firstly, law enforcement by the Clean Sweep Team of Riau DistrictPolice Charges on Civil Service Officials of Riau Province Forestry Service whoimpose illegal levies is influenced by law enforcement factors. Secondly, the legalissue that occurs in the process of law enforcement against illegal levies by CivilService Officers of Riau Province Forestry Service is the complexity of problemsexperienced by law enforcers themselves where there is no reference to thenumber of illegal levies that can be categorized as illegal fees. This makes adilemma if there are illegal fees that have been considered to have a smallnominal, but if the transaction is often done then the nominal amount to be largeas well.Keywords : criminal act - illegal levies - law enforcement.
PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI KORAN Wulan Ratna Sari; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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The enactment of the Criminal Code in the case of the press, then the criminal liability also applies. Responsible parties must also be determined on the basis of a criminal responsibility system under the Penal Code. In this case relates to criminal liability for criminal defamation through Koran. The purpose of writing this thesis, namely: first, criminal liability to the press who committed criminal defamation through the newspaper, Second, who is responsible related to criminal liability to the press who committed criminal defamation through the newspaper.The type of research used in this study is a normative legal research. Normative legal research is a literary legal research. In this study, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with literature study.From the results of this study indicates that the concept of Defamation in news in the newspaper occurred after the cooperation of parties who served in news mempubikasikan. The legal subject who can be held criminally liable for defamation in the news in newspapers are journalists, editors, chief editors and printers. Suggestion of the author, Firstly, the Press Law needs to be revised in order to contain the explicitly defamation of defamation so as not to be multiple interpretation; Secondly, in determining the subject of criminal responsibility law should be applied the principle of mistake and the principle of participation so that the offender of defamation can be given sanction in accordance with applicable laws and regulations, Third, the press company must have standard procedures related to the technical publication of the news so that the mechanism of accountability can be clearly identified.Keywords: Accountability-Crime-Press-Crime-Pollution-Name-Good
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN IZIN TINGGAL OLEH WARGA NEGARA ASING BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI KANTOR KEIMIGRASIAN KELAS I PEKANBARU Saragih, Jusuf Fransen; Indra, Mexsasai; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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As contained in Article 1 number 21 of Law Number 6 Year 2011 on Immigration, Tingga Permit is a permit granted to foreigners by an immigration official or an official of a foreign office to reside in the territory of Indonesia. It permits the stay by foreigners is a provision which is prohibited by law no mor 6 of 2011 on immigration governed by Article 122 which reads, shall be punished with imprisonment for a period of 5 (five) years and a maximum fine of Rp500. 000.000,00 (five hundred million rupiah): a. Any foreigner who deliberately misuses or performs activities that are inconsistent with the intent and purpose of granting a residence permit granted to him; b. Any person who orders or gives opportunity to a foreigner misuses or undertakes activities that are inconsistent with the intent or purpose of granting the residence permit granted to him or her.The type of research or approach done by the author is juridical sosilogical legal research. This research was conducted at the Office of Immigration Class I Pekanbaru. This location was chosen because the criminal case of immigration permit misuse was done by foreigners in Pekanbaru area. In this study the authors menggunakas data sources that can be grouped as beriku: Primary data, ie data obtained directly in the location of research. Secondary data, that is data obtained indirectly through a library (library research).From the research problems that dihad fire by the Immigration Office Class I Pekanbaru, namely: First, the law enforcement carried out by the criminal act of abuse of immigration to the residence permit by foreigners. Second, obstacles or experienced pengahambat factor k piha weld Immigration All I Pekanbaru in conducting law enforcement abuse of a residence permit is the lack of immigration officials is not comparable to the work area. Third, efforts made piha k Immigration Class I Pekanbaru in overcoming one of them is proposing the addition of an immigration office in each district in order to facilitate monitoring of the presence of strangers.Keywords: Law Enforcement-Crime-Abuse-stay permit

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