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PENYELESAIAN TINDAK PIDANA PENGHINAAN MELALUI MEDIASI PENAL PADA MASYARAKAT ADAT DI JORONG SALASA KENAGARIAN PADANG TAROK KECAMATAN BASO KABUPATEN AGAM Ramadan, Rahmad; Firdaus, Emilda; 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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Indonesia is a state of law where every legal provision rests or is guided by Pancasila and the 1945 Constitution. Legislation should not conflict with higher regulations because they are required by the national. However, in societies other than the existence of a law that plays a national role there is also a customary law that was born and developed in the midst of a community called adat law. The purpose of this thesis discussion is: First, what is meant by the assistance of improvements to indigenous peoples in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency. Second, what are the challenges in overcoming criminal acts on indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District, Agam Regency.This type of research uses the method of sociological research because this study the author directly conducts research in a location or place that will gather complete information and explain about the problem to be discussed. This research was conducted in Jorong Salasa, Kenagarian, Padang Tarok, Baso District, Agam Regency, West Sumatra Province. Population samples and samples are study participants related to the problems discussed in this study. Data sources used are primary data, secondary data, tertiary data. Data collection techniques in this study were interviews and document studies.The Conclusions that can be drawn from this study Following are the conclusions that can be obtained from the results of the first research, Case Settlement through Penal Mediation on the follow-up of the Jorong Salasa Indigenous people of Padang Tarag Kenagarian Padang Tarag, Taro District, Baso District, Agam Regency has not been implemented well. The parties should have been able to approve the results of the decision of ninik mamak in completing the case through Penal Mediation for the prevention of the Indigenous people of Jorong Salasa Kenagarian Padang Tarag, Baso District, Agam Regency. as an alternative in resolving cases that occur in society. Second, While Constraints related to the process of settling court cases through mediation of criminal acts against indigenous people in Jorong Salasa Kenagarian Padang Tarok, Baso District include the absence of one party, uncooperative parties, requests for fines that need to be high, there is no need to convert people people who become law enforcement.Keywords: Settlement, Criminal Case, Penal Mediation, Customary Law, Insult.

ANALISIS YURIDIS KEWENANGAN KOMISI PEMBERANTASAN KORUPSI DALAM PENYIDIKAN PELAKU TINDAK PIDANA KORUPSI PENGADAAN ALAT UTAMA SISTEM SENJATA OLEH OKNUM TENTARA NASIONAL INDONESIA Ardiansyah, Andri; Jayakusuma, Zulfikar; 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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The Corruption Eradication Commission is an independent institution specifically formed to handle corruption cases that are equipped with a set of authority in carrying out the tasks of investigation, investigation and prosecution.In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations of the perpetrators of corruption, the procurement of the main equipment of the weapons system clashes with the oath of soldiers and the Military Justice Law, which has led to pros and cons in various circles.The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating the perpetrators of corruption in the procurement of the main weapons system, especially those carried out by the Indonesian National Armed Forces.second, to find out the criminal law policy on the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of the main weapons system by the Indonesian National Armed Forces.In writing this thesis the author uses the normative juridical research method that emphasizes legal principles, namely the principle of legality. Then analyzed qualitatively and then make conclusions with the deductive method.The results of the author's research, are; First, the Investigation carried out by the Corruption Eradication Commission has a legal basis Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission.All authorities related to investigations, investigations and prosecutions as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Law also apply to investigators, investigators, and public prosecutors in the Corruption Eradication Commission.Criminal law policy towards the handling carried out by the KPK and the Military related to the corruption case of the procurement of defense equipment is a separate treatment.Finally, the authors submit a suggestion that the President together with the House of Representatives (DPR) need to establish a regulation regarding the procedures and procedures regarding the investigation or existing laws must be amended so that there is no error in the authority of the investigation by any institution including the KPK, and so that the implementation or implementation the investigation has a clear legal umbrella and has legal jurisdiction.Keywords: Investigation - Corruption Crime - Military

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

ANALISIS HUKUM TERHADAP FUNGSI SUPERVISI OLEH KOMISI PEMBERANTASAN KORUPSI DALAM PENEGAKAN HUKUM DI INDONESIA Restu, Teguh Amandia; Artina, Dessy; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Substantially, there is a common operational responsibility in terms of carrying out legal actions of investigation and prosecution of corruption perpetrators between the Corruption Eradication Commission and Police investigators. Weak Coordination and Supervision between lines of law enforcement, as well as problems in the implementation of duties and authority, making it possible to have blemishes and lack of accountability or lack of accountability as well as clarity in carrying out duties and authorities in eradicating criminal acts of corruption. This study aims to determine the function of Supervision by the Corruption Eradication Commission in law enforcement in Indonesia and to find out the ideal arrangement of the Supervision function in resolving cases of Corruption in Indonesia. This type of research used in this study is normative legal research. In this normative legal research, the writer conducts a research on law synchronization which starts from the existing law, by conducting an identification in advance of the legal principles that have been formulated in the legislation. The method used by the author in this research is through document study literature study, the type of research data are primary, secondary and tesier legal materials. Data Collection Techniques use normative legal research techniques (legal research) methods used are literature study or documentary studies. Literature study is a data collection technique by conducting a study of books, literature, notes and cases that occur based on the above problems. The task of supervision of the Corruption Eradication Commission has the authority to conduct supervision, research, or study of agencies that carry out their duties and authority relating to the Eradication of Corruption. Supervision is grouped into two types, namely general supervision and special supervision. General supervision of the Police and Attorney General is carried out simultaneously with the time of implementation of coordination. Whereas special supervision of cases handled by the prosecutor and the police is carried out at the request of the police or the prosecutor's office or at the initiative of the KPK based on the KPK leadership's consideration. Keywords: Criminal Action, Corruption, Supervision Function, Corruption Eradication Commission.

PENYELESAIAAN PERKARA PIDANA MELALUI MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN PADA MASYARAKAT ADAT DESA KUBU BALING-BALING KECAMATAN TAMBUSAI KABUPATEN ROKAN HULU Qudri, Al; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Penal mediation is the settlement of cases outside the court, in Indonesia the settlement of cases outside the court or Alternative Dispute Resolution (ADR) is only known in the civil sphere, whereas for the criminal sphere the settlement is reached by proceeding through the court. The practice of settling criminal cases outside the cour,t so far has no formal legal basis, so there is often an informal case where there has been a peaceful settlement even though through the mechanism of traditional law, it is still processed in court according to national law.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Central Tambusai region, Tambusai District, Rokan Hulu Regency. While the population and sample are Datuk Luhak Tambusai Customary Institution, Ninik Mamak Density of Luhak Tambusai Adat, Chief of Tambusai Luhak Sector Police and Perpetrators and Victims of Abuse in Luhak Tambusai Village.The conclusions that can be obtained from the results of the study are: First, the completion of criminal cases through Penal Mediation against criminal acts of persecution in the indigenous community of Kubu Baling Baling Village, Tambusai District, Rokan Hulu Regency, has not been implemented well. This is proven that, the perpetrators are still not fully with mamak ninik. The parties are still inclined to take the case to the litigation channel. The parties should be able to appreciate the existence of ninik mamak in settling criminal cases through Penal Mediation for criminal acts of persecution in the Kubu Baling Baling Indigenous Village community. The people around still don't realize the existence of customary law as an alternative in resolving cases that occur in the community. Second, the efforts to resolve criminal cases through mediation of penalties in order to reduce the occurrence of criminal acts of persecution in the indigenous communities of Kubu Baling Desa Tambusai District, Rokan Hulu Regency, among others, strengthening and empowering the role of ninik mamak, increasing cooperation with law enforcement officials, and empowering institutions custom.Keywords: Settlement, Criminal Case, Penal Mediation, Indigenous Peoples

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PELECEHAN SEKSUAL PADA ANAK DI KEPOLISIAN RESOR ROKAN HILIR Caryn, Caryn; Effendi, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Article 76 E of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that the criminal act of sexual abuse against a child which is punishable with a minimum sentence of 5 (five) years in prison cannot be mediated due to the threat of the shortest sentence. 5 (five) years imprisonment is a category of serious criminal offense, but in reality at the Rokan Hilir Police, there are several cases of sexual immorality that have not been resolved because the police have suspended their investigations due to mediation. In this case, it can be said that the law enforcement carried out by the Rokan Hilir Police has not been maximized so that it does not provide a deterrent effect on the perpetrators and the community who commit criminal acts of sexual abuse against children.This type of research is sociological legal research, namely as an attempt to see the effect of the enactment of positive law on people's lives. This research is also descriptive in nature, namely the author tries to describe law as a social control related to the formation and maintenance of social rules, with a basis that the legal ability to control human behavior and create a conformity in these behaviors.This study aims to determine how law enforcement is carried out by the Rokan Hilir Police, especially the Women and Children Protection Unit Investigators, what obstacles are faced in law enforcement and what efforts can be made to overcome law enforcement obstacles at the Rokan Hilir Police Resort.The results of this study are to explain that the law enforcement carried out by the Rokan Hilir Police, especially the Women and Children Protection Unit Investigators, has not been maximal in cases of sexual abuse against children. The obstacles faced by the police are the lack of quality and quantity of the Women and Children Unit Investigators, the lack of cooperation between victims or victims' families in providing information related to cases being processed, and lack of community legal awareness. The efforts that the authors offer in this study are to improve the quality and quantity of investigators for the women and children unit at the Rokan Hilir Police, increasing public insight regarding the importance of legal awareness in order to create justice, benefit and general welfare.Key Words : Law Enforcement - Crime - Sexual Harassment – Children

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

ANALISIS TERHADAP PUTUSAN TINDAK PIDANA PEMBUNUHAN BERENCANA OLEH OKNUM TNI ( STUDI KOMPARATIF PUTUSAN NOMOR: 78-K/PM I-04/AD/VII/2019 DAN NOMOR : PUT/217-K/PM.II- 09/AD/XI/2009 fitriyani, fitriyani; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The planned murder crime committed by TNI personnel Prada Deri againsthis lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and KopdaKhairul Anwar against his wife in decision Number: PUT / 217-K / PM.II -09 /AD / XI / 2009) was subject to punishment in Article 340 of the Criminal Code.The purpose of writing this thesis is to analyze the Decision of the Crime of Planned Murder byMilitary Personnel (Comparative Study of Decisions Number: 78-K / PM I-04 / AD / VII / 2019and Number: PUT / 217-K / PM.II-09 / AD / XI / 2009) and explains the judge's consideration inimposing a sentence on a defendant who committed premeditated murder.The approach method that I use is a normative juridical approach. This type ofresearch used by the author in this study is to use descriptive research. The method ofdata collection in this study uses literature study techniques.From the results of researchand discussion, the legal regulations regarding the crime of murder committed bymembers of the TNI are regulated in the provisions of the Criminal Code (KUHP) and theMilitary Criminal Code (KUHPM). Law enforcement against the Defendant Deri in themurder case of his lover in the decision Number: 78-K / PM I-04 / AD / VII / 2019 issubject to the main criminal, in the form of life imprisonment, is also subject to additionalpunishment, namely in the form of dismissal from military service. And according to theauthor's analysis, the verdict is not correct because in the case it is more appropriate tosubject ordinary murder, not premeditated murder. Meanwhile, law enforcement againstthe Defendant Khoirul Anwar in the murder case against the verdict Number: PUT / 217-K / PM.II-09 / AD / XI / 2009) is subject to the main crime, in the form of imprisonment of13 (thirteen) years, is also subject to additional punishment, namely in the form ofdismissal from military service. According to the author's analysis, the decision wascorrect because it had fulfilled the plan beforehand.The judge's consideration in imposing the sentence against the Defendant Deri inthe murder case of his lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and inthe case of the Defendant Khoirul Anwar in the case of murdering his wife in the decisionNumber: PUT / 217- K / PM.II-09 / AD / XI / 2009) are juridical considerations such asfacts revealed in the trial such as the jpu indictment, witness statements, evidence andnon-juridical considerations such as the background of the perpetrator, the defendant'sactions, the conditions at the time incident.Keywords:lore-premeditatet mulder- military court

PERLINDUNGAN HUKUM PADA ANAK DI WILAYAH KONFLIK BERSENJATA DI INDONESIA Saputri, Septiani; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The armed conflict that occurred in Wamena in Papua caused many victims,including children. So the need for special legal protection for children who are in conflictsituations. As in article 60 of Law Number 35 Year 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection, it states: children in an emergency situationas referred to in article 59 paragraph (2) letter a consist of: a. Children who become refugeesb. Children victims of riots; c. Child victims of natural disasters; and d. Children in situationsof armed conflict. Based on the main ideas above, it can be formulated several problems,namely whether the form of criminal acts committed against children in the area of armedconflict in Indonesia and how the legal protection of children from criminal acts in the areaof armed conflict in Indonesia.The writing of this thesis uses the normative legal research method by collectingdata by library research, namely by examining library materials or secondary data in theform of primary legal materials namely related regulations, secondary legal materials namelyrelated documents and tertiary legal materials which is a guide to primary and secondarylegal materials or research on legal systematics. The secondary data that has been compiledare then analyzed using qualitative methods to obtain results, which are forms of protectionfor children in conflict areas, that is, doing things that can accelerate the conducive situationin the field, besides the government in particular, and other supporting elements to furtheroptimize efforts to restore children's health and post traumatic psychological handling inchildren. The conclusion from the results of the study, namely the legal protection of childrenin armed conflict areas in Indonesia who get violence such as murder, sexual harassment orrape is still not working properly, because there are still many children who are victims.Where the rules regarding legal protection of children in conflict areas are still general innature which are civilians. Where the Indonesian government should make special rulesregarding the protection of children in areas of armed conflict. This is the cause of the lack ofjustice obtained by children.Keywords: Legal Protection, Children, in the Area of Armed Conflict

ANALISIS TERHADAP DASAR PERTIMBANGAN HAKIM DALAM PENERAPAN ALASAN PEMAAF DAN ALASAN YANG MERINGANKAN HUKUMAN PADA PELAKU TINDAK PIDANA PENCURIAN DIMASA PANDEMI COVID-19 DI RIAU Purba, Rantika Br.; Deliana, Evi; 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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As a rule of law based on the values of Pancasila and the 1945 constitution of the Republic of Indonesia, the birth of an independent and partial judiciary si one of the main pillars. Realizing the rule of law in national and state life Law Number 48 of 2009 concerning judicial power states that judges must explore, follow, and understand legal values and a sense of justice that lives in the community as well as taking into the good and bad qualities of the defendant. The judgeâ€™s responsibility to find the law and determine the law on a case that is resolved in connection with that, the judgeâ€™s consideration, especially during the pandemic the judge is obligated to explore and see the condition of the defendant in commiting a criminal act. Are required to be able to make decision by looking at the motives or reasons of the perpetrator in commiting a crime so that judge based on his authority can use excuses and reson that relieve must also try to make decisions that are in line with the prevention of covid-19. This type of research is classified as juridical normative, namely research conducted by examining secondary legal materials or research based on documented standard rules which is also known as library research either through reading books of laws and regulations, materials and websites on the internet, interviews and other reference sources related to this thesis material. From the results of the research, there are three main things that can be concluded. First is the judgeâ€™s consideration in every decision during the pandemic. The second is the judgeâ€™s consideration in the form of forgiving reasons and mitigating reasons due to several factors such s the backbone of the family, confessing his actions, daring not to repeat It again and thirdly, there is the judgeâ€™s consideration of every decision issued by the judgeâ€™s, both within the defendant and the outside and the defendant. It is also a consideration for the judge is that there is no transmission either in court or in prison and to support policies issued by the government. Author suggestions, First, it is hope that judges as state officials who carry out the judiciary must really know the right of the defendant as regulated in law, second, judges in giving decisions must uphold a sense of justice in the midst of society, third, to the government and the law enforces to pay attention to their rights. Community rights and fixing solutions and legal problems faced by the parties as well as maintaining social order and public order. Keywords: Judgeâ€™s Consideration, Forgiving Reasons, Mitigating Reasons

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