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Reformulasi Sanksi Tindak Pidana Perzinaan Dalam Pembaharuan Hukum Pidana Indonesia Syawitri, Dissa Mutiara; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Article 248 of the Criminal Code has a very low sentence. Is an action that can be done by a man orwoman, one of whom is married and is a complaint offense that can only be complained of by the victim'shusband or wife. Most of the revisions to the adultery article were against the approved conviction and wereagainst the community. Article 284 imprisonment is only nine months imprisonment in article 484 the PenalCode draft is five years in prison. With a low sentence makes the perpetrators of criminal acts do not use adeterrent and this adultery article rarely appears while the impact of adultery can lead to crimes such asabortion, domestic violence, and the impact of hernia. The purpose of discussing this thesis, namely; First,To Understand Lawsuits in Indonesia. Second, to find out the renewal of criminal sanctions for adultery inthe renewal of Indonesian law.This type of research used in this legal research is normative juridical method, this research isdescriptive, which is a study that discusses the topics described and detailed. Source of data used secondarydata and tertiary legal materials. The technique of collecting data in this study is the literature reviewmethod after the data collected is then analyzed to draw conclusions.From the results of research and discussion it can be concluded that, First, the act of adultery hasreleased norms / values of decency and is in conflict with all religions in Indonesia. Second, let us discussthe follow-up of adultery which can be adjusted to the development of the community and their respectiveregions so that it does not occur due to criminalization.Keywords: Reformulation-Sanctions-Adultery-Criminal Law

PENYELESAIAN TINDAK PIDANA PENGANIAYAAN MELALUI MEDIASI PENAL BERDASARKAN HUKUM ADAT MELAYU DI DESA KUNTU KECAMATAN KAMPAR KIRI KABUPATEN KAMPAR RINANDA, RIFAN; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Penal mediation is known in the criminal justice system in Indonesia due to the thought associated with the ideas of reforming criminal law (penal reform), and is associated with the problem of pragmatism or legal rigidity in answering the problems that exist in society. The background of pragmatism is to reduce the stagnation or accumulation of cases. The reasoning mediation is the restorative justice process in criminal law which is carried out by mediating between the perpetrator and the victim with a purpose. In the perspective of legal sociology and culture-oriented, people in Indonesia in general, especially in Gorontalo District have a conflict resolution mechanism based on customs which always puts forward problem solving together with the aim to improve or harmonize with the way of the conference that is to bring the perpetrators and victims together. family of both parties and community leaders.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author immediately conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was carried out in the Riau Regional Police jurisdiction, while the population and samples were the Riau Regional Police, Investigators of the Riau Regional Police and Actors of Narcotics. The data sources used are primary data, and secondary data. Data collection techniques in this study were interviews, questionnaires, and literature review.The conclusions that can be obtained from the results of the study are: First, an active representative from Babinkamtibmas is needed to create safe conditions and provide understanding to the public about the needs of safe conditions. Secondly, in order that legislators must also look at the laws that live within the community so that they do not overlap at the level of implementation Third, important factors and constraints namely that legislators must also socialize programs and laws for the community.Keywords: Penal Mediation, Melayu Customary Law, Criminal Acts of Abuse.

KEBIJAKAN FORMULASI TERHADAP ANAK SEBAGAI RESIDIVIS DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA Zufriandi, Dendy; Firdaus, Emilda; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Crimes are not only committed by adults against children, but there are also crimes committed by children. The problem faced at this time is the number of juvenile delinquency cases with perpetrators are former convicted child convicts. The problem of repeated criminal acts (Recidivises) that occur against children in Indonesia is a complex problem and needs to be addressed immediately, so as not to cause unrest in the community. However, in the implementation of children as recidivists do not get clear arrangements in the juvenile justice system law.This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through the statute approach carried out by examining the laws and regulations relating to the legal issues under study. In this study the authors conducted a study of legal principles by utilizing descriptive methods. Data collection techniques used in Normative Legal Research is a method of library research that uses the library as a means of collecting data, by studying books as reference material related to the problem to be examined.The conclusion that can be obtained from the results of the study is the Criminalization of children as a recidivist in the Child Criminal Justice System at this time there is still no regulation governing criminal sanctions against children who commit repetition of a crime (residive), both contained in the Criminal Code or in the Law Criminal Justice System for Children. The absence of basic considerations in the conviction of children both criminal incriminating and mitigating, especially against children as recidivists. The idea of criminalization of children as a recidivist in the renewal of the juvenile justice system in Indonesia is urgently needed in order to formulate a better Indonesian criminal law policy in the future. The idea expected by the author of efforts to cope with children as recidivists is one of them by prevention. Judges in this case must be able to provide a basis for consideration in convicting children both criminal incriminating or mitigating, especially against children as recidivists.Keywords: Policy Formulation, Children, Recidivist Reform, Child Criminal Justice System

URGENSI PERLINDUNGAN HUKUM TERHADAP PENGGUNA JASA TRANSPORTASI ONLINE YANG MENJADI KORBAN TERJADINYA TINDAK PIDANA DI INDONESIA Panjaitan, Hertavip Dewantara; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The important role of this transportation service can be seen by the increasing need fortransportation services for the mobility of people and goods from and throughout the country. But thepresence of online transportation, both online motorcycle taxis and online taxis, has a chaotic existencewhich never stops accompanied by various controversies. Therefore, the urgency of legal protection forusers of online transportation services who are victims of criminal acts requires legal reform that regulatesthe legal protection of users of online transportation services who are victims of criminal acts in Indonesia.Given the development of our transportation at this time continues to grow, especially the existence ofonline transportation that is still not clearly and clearly regulated.This type of research is normative juridical research that is research conducted by examiningliterature discussion with secondary data sources consisting of primary legal material in the form of lawsand regulations, secondary legal material legal books, and tertiary legal material in the form of adictionary. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained fromsecondary data.From the results of the study it can be concluded that, first, that the legal arrangements againstcrimes committed by online transportation in Indonesia use regulations, such as the Criminal Code andsometimes also online transportation is inseparable from Law Number 8 of 1999 Concerning ProtectionConsumer. Until now there has been no regulation that specifically regulates the existence of onlinetransportation. Where the new government is able to make a regulation in the form of MinisterialRegulation No. 12 of 2019 concerning the protection of the safety of motorcycle users which is used for thebenefit of the community. Second, the urgency of legal protection for users of online transportation serviceswho are victims of criminal acts is needed. This is because the company and the government seem to payless attention to the rights of users of online transportation services, especially those who are victims ofcriminal acts committed by online transportation drivers which cause material or immaterial losses.Keywords: Urgency - Legal Protection - Users of Online Transportation Services - Victims -Criminal Acts

PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN MATERAI OLEH PENGADILAN NEGERI PEKANBARU Prayudi, Arga; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Stamp duty has an important meaning in society, that is with stamp duty, the stamped letter specified by the Act becomes a valid letter, meaning that without stamp duty as a certificate, for example a power of attorney, it is unaccepted as a valid authorization. Likewise in court proceedings, new letters can be used as a means of proof if stamped with those determined by the law. Stamp counterfeiting is detrimental to the government because stamp purchases are a kind of tax and stamp forgery results in a reduction in the state taxex.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted at the Pekanbaru District Court, while the population and sample were all parties related to the issues examined in this study, the data sources used, primary data, and secondary data, the data collection techniques in this study were conducted through literature review interviews.in this thesis, three things that can be concluded. First, the application of sanctions against stamped offenders by the Pekanbaru District Court. Second, the factors which become obstacles faced in the application of criminal sanctions by the perpetrators of falsified criminal acts. Third, the efforts made in overcoming obstacles to the imposition of criminal sanctions against perpetrators of stamp fraud by the Pekanbaru District Court.Keywords: Application of Sanctions - Stamp Counterfeiting Criminal Acts

SETTLEMENT OF CRIMINAL MATTERS THROUGH MALAY CUSTOMARY INSTITUTIONS WITH THE CONCEPT OF RESTORATIVE JUSTICE IN LIPAT KAIN KAMPAR KIRI OF KAMPAR REGENCY Elmayanti, Elmayanti; Deliana, Evi; Rasudin, Nurahim
Jurnal Hukum Volkgeist Vol 4 No 2 (2020): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.

ANALISIS YURIDIS TERHADAP KETENTUAN LIMITASI WAKTU DALAM PENYIDIKAN TINDAK PIDANA PILKADA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2015 JO UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PEMILIHAN GUBERNUR BUPATI DAN WALI KOTA Juwita, Annisa; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The process of resolving criminal offenses was carried out through the Sentra Gakkumdu forum. The Integrated Law Enforcement Center (Gakkumdu) consists of the Republic of Indonesia Bawaslu, the Republic of Indonesia National Police and the Indonesian Prosecutor's Office. The period of the investigation and prosecution process that is too short can cause the perpetrators of election crimes to avoid legal proceedings. Certainly this will greatly injure the value of justice in the law itself. Efforts to achieve substantive justice and electoral justice are limited by procedural justice alone. This certainly has an impact and a bad precedent for the enforcement of criminal acts of regional elections.What is the juridical analysis of the provisions of the time limit in the investigation of election criminal acts based on Law Number 1 of 2015 Jo Law Number 10 of 2016 concerning Election of Governors, Regents and Mayors who discuss protection? How to manage the future? How do you set the term of office? Absorption of Pilkada criminal acts based on Law Number 1 of 2015 Jo Law Number 10 of 2016 concerning Election of Governors for Regents and Mayors?Theories used in this research include justice theory and court legal policy theory. This type of research can be classified in normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the legislation and regulations relating to the legal issues under study.The conclusion that can be obtained from the results of the study is the limitation of time provisions in the investigation of criminal acts of elections that are regulated in Law Number 10 of 2016 concerning the Election of Governor of Regents and Mayors is still not clearly regulated. The process of enforcing the law against the crime of regional elections has not provided a sense of justice for the people.. The provisions of a brief investigation must be harmonized with a quick and short trial process. Related to several cases that have expired, it becomes a reference for law enforcement officials so that in the future they will be more professional in carrying out the investigation process.Keywords: Limitation of Time, Investigation, Crime of Election

PENGARUH KETERANGAN SAKSI MAHKOTA TERHADAP PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI DIPERSIDANGAN Farzah, Asha; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The use of crown witnesses as evidence in criminal cases is permissible because it is based on reasons of concern about the lack of evidence presented, especially with regard to criminal cases in the form of inclusion and also reasons to fulfill a sense of public justice. The normative use of crown witnesses in the process of examining criminal cases does not clearly stipulate, but their use is recognized. The background presented by the witnesses of the crown is caused by the testimony of the witnesses of the crown is something that he saw himself and he did himself with his colleagues. Although his testimony feels burdensome to the other suspects even himself.The type of research is normative research by research into legal principles. This study uses a secondary data source consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with literature studies.From the results of the research problem there are two main things that can be concluded. First, the influence of the crown witness's statement on the judge's decision in imposing sanctions at the trial can be said to assist the judge in deciding the verdict on a case in which there is a lack of valid and sufficient evidence. Second, the judge's consideration of sanctioning the crown witness in the judge's decision is to accept formal facts with valid evidence and determine them based on the judge's conviction so that the judge's decision on a case can determine the fate of the defendant / kroon geituge.Keywords: Kroon getuige- Judge's decision- Sanctions

ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA NOMOR 47/PID.B/2018/PN MANDAILING NATAL PADA KORBAN SALAH TANGKAP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1981 TENTANG KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rangkuti, Nurul Ibda Aprilia; Indra, Mexsasai; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the problems that occur in the Criminal Justice System is the violation of rights at one or all levels of examination. These violations can be in the form of procedural violations, administrative violations, personal violations of the suspect to serious violations such as the fabrication of witnesses and the fabrication of evidence of a case. If a suspect's information which is allegedly committed a criminal act is used as evidence for the investigator, it turns out that the acquisition is based on pressure or coercion that results in psychological and physical suffering and creates fear. Acquisition of information as evidence must be declared invalid because it may contain an engineered confession. Violations of procedures and misidentification of victims of criminal acts that still occur today are seen as a result of the weak professionalism of law enforcement officers. Cases of wrong procedures and wrong investigations can lead to errors in determining the culprit or what is often called a wrong arrest. This happened in Case Number 47 / Pid.B / 2018 / PN Mandailing Natal. The purpose of writing this thesis, namely: first, knowing juridical analysis of Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal on victims of wrongful arrest based on Law Number 8 of 1981 concerning KUHAP. Second, knowing the basic analysis of judges' consideration of Case Decision Number 47 / Pid.B / 2018 / PN Mandailing Natal for victims of wrongful arrests under Law No. 8 of 1981 concerning KUHAP.The type of research used in this legal research is the normative juridical method. Therefore, it is used an analysis with a qualitative measure based on the substance of the data collection in drawing conclusions. In drawing conclusions the author uses the method of deductive thinking, which is a way of thinking that draws a conclusion from things that are general to things that are specific.From the results of research and discussion it can be concluded, first, the existence of law enforcement officers who are not professional in carrying out their duties in accordance with the provisions of Law No. 8 of 1981 concerning KUHAP. Second, the judge in deciding a criminal case must consider the formal requirements of evidence and regarding the strength of evidence the judge must see firsthand whether there is correspondence between one and another evidence, the judge should look at the facts that occur in the trial.Keywords: Criminal Justice System, Wrong Arrest, Decision

PENYELESAIAN TINDAK PIDANA PENGGANIAYAAN SECARA MEDIASI PENAL BERDASARKAN HUKUM ADAT PADA MASYARAKAT DESA KECAMATAN KABUN KABUPATEN ROKAN HULU Fajri, Muhammad Al; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This study examines the settlement of criminal acts of torture by mediating the penaltieswhich were resolved through the Kabun District adat institutions so that they can be resolvedpeacefully as quickly as possible. The problem under study is How is the resolution of thecriminal act of torture mediated by penalties based on customary law in the village communityof Kabun District, Rokan Hulu Regency? as well as inhibiting factors in the resolution ofcriminal acts of torture by mediating penalties based on customary law in the villagecommunity of Kabun District, Rokan Hulu Regency?This study uses normative and empirical juridical approaches. The data used includeprimary data and secondary data. The data collection method in this research is to useliterature study and field study. The data processing is carried out by means of Editing thendata classification, Interprestion and data systematization are carried out. Data analysis wasperformed in a qualitative manner.The results of research and discussion show that the process of resolving cases ofcriminal acts of persecution using the mediation of penalties consists of the stages of themeeting consisting of the initial opening, delivery of problems between the parties,identification of agreed matters, formulation and preparation of the negotiation agenda,discussion of issues, laughter - Bidding on case resolution, decision making, and closingstatement. While the post-mediation stage consists of ratification of the results of theagreement, sanctions, obligations of the actors signing the peace agreement. Mediation wascarried out by previously making several considerations, among others, the victim agreed tohold a peaceful effort and resolved through family ties, the impact if the case continues, it isfeared that it will cause a trauma to both the perpetrator and his familyThe implication of this research is that the government needs to make laws andlimitations for criminal acts that can be resolved through mediation at the Customary level, thePolice and the Government need to make laws regarding the procedures for implementingmediation of penalties so that the practice of applying them in the field puts forward thedeliberation approach can be realized in the customary law of the Kabun sub-district.Keyword: Penal Mediation - Criminal Acts of Abuse - Customary Institution

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