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Elmayanti, Elmayanti
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Journal : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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ANALISIS PERLINDUNGAN HUKUM TERHADAP KORBAN SALAH TANGKAP DALAM TINDAK PIDANA PEMBUNUHAN DALAM PERKARA NOMOR 131PK/PID.SUS/2016 Ardian, Mustika Saraswati; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Protection of human rights, in essence, protection of victims, includingvictims of wrongful arrests, is a manifestation of respect for, upholding andguaranteeing human rights. Based on case No. 1131 / PID.AN / 2013 /PN.JKT.SEL, No. 360 / PID / 2013 / PT.DKI, No. 188K / PID.SUS / 2014, No. 131PK / PID.SUS / 2015 murder cases that were suspected of 4 victims, whoworked as street singers who were ultimately found not guilty, causing losses tothe victim. This type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. Data collection techniques used in theNormative Legal Research are library research methods (library research) whichuses the library as a means of collecting data, by studying books as referencematerial related to the problems to be studied. The conclusion that can be obtained from the results of the research is thatlegal protection for victims of wrongful arrest in the crime of murder in caseNumber 131PK / Pid.Sus / 2016 has not been fully implemented properly. Thiscan be seen from several provisions inside and outside which are firm and clear, however at the level of implementation it has not been fully implemented properly. Fikri, Fatahillah, Ucok and Pau who are victims of the wrongful arrests of theMurder case have so far not been able to access justice for the losses that befellhim (materially physically and psychologically). Ef orts to restore the rights of thevictim who was wrongly arrested in case Number 131PK / Pid.Sus / 2016 in amurder crime case can be made through a request for compensation andrehabilitation. However, requests for compensation and rehabilitation have notbeen implemented properly. Access to compensation and rehabilitation is still notfully implemented. This is further exacerbated regarding who has to paycompensation. Keywords: Legal Analysis, Victims, Wrong Arrests, Crime
PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Silalahi, Jonathan Christoper; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Terrorism is a crime that is classified as special / extraordinary (extraordinary crime). Terrorism is considered a criminal act that not only harms others but also violates humanitarian principles. As the times developed, terrorism launched its actions by expanding its operations through computer networks or virtual worlds. In matters relating to the handling of criminal acts of terrorism through the virtual world, the role of law enforcement officials is needed, especially from Sub-Directorate V of the Riau Regional Police. The purpose of writing this thesis is: first, to find the obstacles of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism). Second, to find out the efforts of Subdit V Polda Riau in dealing with criminal acts of terrorism through the virtual world (cyberterrorism).The research method of this thesis uses a type of sociological legal research, research which is carried out by conducting legal identification and how the effectiveness of the law applies in society. This research is descriptive. Sources of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this study are using interviews and literature review, after the data is collected then analyzed to draw conclusions.From the results of research and discussion, it can be concluded that, first, in the implementation of law enforcement by Sub-Directorate V of the Riau Regional Police against criminal acts of terrorism through the virtual world (cyberterrorism), obstacles were found, namely from internal factors of Sub- Directorate V Polda Riau such as limited personnel and members who are less skilled and experienced in the field, minimal budget, infrastructure, and the presence of external factors such as conditions in the field or society as well as legal factors. Second, in the countermeasures carried out by Subdit V of the Riau Police against criminal acts of terrorism through the virtual world (cyberterrorism), namely by increasing the number of personnel or human resources, completing infrastructure and also increasing operational costs. In addition, investigators also provide appeals, counsel to the public on criminal acts of terrorism through the virtual world (cyberterrorism), form a special team to maximize surveillance that occurs in the community, and in facing obstacles from legal factors, it is necessary to harmonize law or policy formulation of laws. crimes relating to criminal acts of terrorism through the virtual world (cyberterrorism).Keywords: Sub Directorate V - Prevention - Crime of Terrorism – VirtualWorld
TINJAUAN YURIDIS TERHADAP PENJATUHAN SANKSI PIDANA BAGI PELANGGAR PEMBATASAN SOSIAL BERSKALA BESAR DI MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Aslamiah, Futri; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The State of Indonesia is a state based on law (rechtsstaat) not based on power (machtsstaat). Indonesia is a state based on Pancasila and the 1945 Constitution. It is expressly stated in "Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia", which stipulates that “Indonesia is a state of law. Law enforcement efforts carried out by the apparatus are preventive, persuasive, repressive, and cooperative in order to create order and peace in social life. The purpose of this research is to find out the application of the imposition of criminal sanctions on perpetrators of PSBB violators during the Corona Virus Disease (COVID-19) pandemic in the perspective of Indonesian Criminal Law and to determine the application of criminal sanctions to PSBB violators based on the principle of justice. This research is structured using a normative juridical research type, namely finding the truth of coherence, which is carried out by examining secondary legal materials.Data collection techniques used are literature studies and legislation, books, literature, expert opinions, judges' decisions related to the problem and object of research.This research focuses on the study of the provision and imposition of criminal sanctions on violators of large-scale social restrictions (PSBB).From the results of research conducted by the author, there are two main things that can be concluded, firstly, the application of criminal sanctions against perpetrators of PSBB violators during the Corona Virus Disease (COVID-19) pandemic in the perspective of Indonesian Criminal Law is deemed inappropriate because Indonesia adheres to the ultimum remedium principle, meaning that if a If the case can first be resolved by another route, it is better to use that route first. As well as in terms of the formulation of the type of sanctions in the legislation that is not appropriate can be a factor in the emergence and development of crime. Second, regarding the application of criminal sanctions to PSBB violators in the principle of justice, the law should be fair, indiscriminate and subjective, and regulations or regulations must be fair to all levels of society. Judges must think critically because judges in relation to law enforcement are two things that are interrelated and cannot be separated, namely "law and justice" Keywords: Criminal Sanctions- PSBB- Criminal Law
Co-Authors Al Qudri, Al Ardian, Mustika Saraswati Ardiansyah, Andri Aslamiah, Futri Caryn, Caryn Davit Rahmadan Dessy Artina Emilda Firdaus Erdianto Effendi Erdianto Erdianto Evi Deliana HZ Fajri, Muhammad Al Farzah, Asha Fitriyani Fitriyani Haryanto, Popo Juwita, Annisa Mexsasai Indra Nurahim Rasudin Panjaitan, Hertavip Dewantara Prayudi, Arga Purba, Rantika Br. Ramadan, Rahmad Rangkuti, Nurul Ibda Aprilia Restu, Teguh Amandia RINANDA, RIFAN Saputri, Septiani Silalahi, Jonathan Christoper Syawitri, Dissa Mutiara Zufriandi, Dendy Zulfikar Jayakusuma