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PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PEMBALAKAN LIAR DI KECAMATAN BUKIT BATU KABUPATEN BENGKALIS Sulandari, Devina; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Illegal logging is a forbidden violates laws and regulations, namely in the form of wood theft in state forest areas or private forests and or permit holders to cut more than the ration specified in the permit. There are many problems and factors that cause major problems in forest management. However, no one can argue that the practice of illegal logging is a crime that has damaged the basic formulation of sustainable forest management. Even what has been noticed is that the illegal logging malpractice has become a system of destruction of resources forest that is fast, systematic, and even purportedly organized.How is it not systematic and organized, if the perpetrators are high-ranking officials, members of the TNI, and not a few members of the National Police. This results in a lack of strict law enforcement against illegal loggers. Therefore, to conduct this research, the researcher uses a sociological juridical research method that is descriptive analytical in nature.From this research the results show, namely: First, illegal logging is a practice of organized crime. Data shows that the perpetrators of illegal logging involve law enforcement. This is what makes constraint and obstacles in the process of law enforcement.Second, the current Forestry Law does not explicitly discuss law enforcement over illegal logging. This can be seen in Article 78 of Law Number 41 Year 1999 concerning Forestry, which shows that sanctions against illegal loggers are still not strict, because there are no minimum sanctions.Third, the ecological impact of illegal deluge, landslides, and depletion of water supplies around the forest area. Not a few lives were lost due to deforestation which caused floods and landslides.Keywords:Implementation-Criminal-Sanctions-IllegalLogging

PERTANGGUNGJAWABAN PIDANA NAKHODA KAPAL DALAM KECELAKAAN KAPAL MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN UTAMI, SUTRI; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Marine transportation in the islands countries should be most requested, because there are islands only be connected through maritime transport, but in Indonesia sea tarnsportasi not managed optimally. Various provisions of the International has been ratified even national provisions also complete, but the implementation of these provisions is still limited to business interests and ignoring the security and safety aspects of shipping. In any event the causes of accidents always publicized accident was human error in this case the vessel skipper, but the general human error is always preceded by human error before shipping. In the numerous event of accident during the cruise ships often announced that the number of passengers is not in accordance with manisfest or even a boat called over-load.The writing of this thesis is entitled "Criminal Liability of Ship Skippers Against Ship Accidents According to Law No.17 of 2008 Concerning Shipping", with the problem of (1) What are the forms of ship accidents, and (2) What is the responsibility of the skipper for ship accidents according to the Law Law No. 17 of 2008 concerning Shipping.This writing uses a normative approach that is descriptive in nature, because this study is a scientific study, and this study uses the statutory approach and case approach, the type of material used is primary legal material, and secondary material.Based on the research results obtained that the forms of ship accidents are: sinking ship, burning ship, collision ship, and aground. And the responsibility of the master of ship accidents is that the skipper takes full responsibility for human / passenger safety, cargo, security and order of the ship. From this writing it is suggested: The master of the ship must be more careful in carrying out his duties on the ship, and must have the competence of a seaman's diploma in accordance with statutory regulations.Keywords : Skipper-ship accident-responsible.

PENYELESAIAN TINDAK PIDANA DISKRIMINASI ETNIS DI LUAR PENGADILAN MELALUI LEMBAGA ADAT MELAYU RIAU Putra, Raka Prasetya; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In formal legal conduct contrary to criminal law, including discrimination, acts of racial and ethnic discrimination are prohibited in Article 4 (b) (2) of Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination, which reads : 'Shows hatred or hatred towards people because of racial and ethnic differences in the form of: (2): Speech, express or say certain words in a public place or other place that can be heard by others. In the settlement of criminal offenses, especially in minor criminal law, two choices are made to solve criminal law problems, namely litigating or not litigating. peace consultation mechanism (no litigation) In indigenous peoples, the case can be resolved out of court as long as the issue is a minor criminal case. Among the cases that arose around disputes as well as insults between ethnic groups between Malays and Batak tribes, this subsequently caused commotion, involving insults between racial and ethnic groups leading to disputes that were not in accordance with existing laws . The wording of the problems in this dissertation research is, first, how the legal perspective is related to the settlement of ethnic discrimination crime out of court. second, how the law can be enforced in the settlement of ethnic discrimination crimes through the Riau Malay Customary Institution From the results of research based on two problem formulations, it can be concluded: First, this settlement is resolved out of court through common law mechanisms to bring about peace, brotherhood and restoration of relations in society, in positive law the common law system is not regulated but is recognized and has legal provisions. that is at the level of positive law because this customary law has existed for generations and is used in customary law communities. Second, settlement out of court through the customary courts, settlement in this customary institution is not regulated in the positive legal system in Indonesia but has a recognized position in the Indonesian legal system, because the State recognizes and respects the position of customary law. Keywords: Racial and ethnic- discrimination-Indigenous Institutions

TINJAUAN YURIDIS TERHADAP SANKSI PIDANA PENGGUNAAN TENAGA LISTRIK SECARA MELAWAN HUKUM DIKAITKAN DENGAN ASAS KEADILAN Gustin, Darti Weni; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Article 51 paragraf 3 of law number 30 of 2009 states that, “every personwho uses electric power which is not legally entitled to imprisonment for amaximum of 7 years and a maximum fine of 2.5000.000.000,00”. Based on theprinciple of justice, inessence it is abstrac and relative. In criminal law, especiallyin a criminal ase, justice is very difficult to create because there are two partieswith different interests who demand justice. The judge in case number24/Pid.Sus/2015/PN.Slw sentenced him to 3 months imprisonment and a fine of 3million rupiah. 1670/Pid.B/2016/PN.Mks and was sentenced to only 6 monthsimprisonment, and case number 222/Pid.Sus/2015/PN.Skh was sentenced to only6 months imprisonment. Meanwhile the electricity he stole was not only for theuse of his own household but also forthe benefit of his own personal business,which had harmed the state and also the community. So that from the result of thisdecision, the purpose of the punishment was dettering the perpetratorwas notachieved.The purpose of this study was criminal sanctions for electricity crime basedon the perspective of the principle of justice and to find out the ideal conceptrelated to electricity crime. This research is structured using a normative juridicalresearch type, namely research focused on examining the application of the rulesor norms in positive law. The approach used in this research namely literaturelaw research.The results of the research from the author are that In accordance with theprinciple of justice that the sentence that should be imposed must be inaccordance with the governing law, not with a judge’s decision which gives reliefvery far from the law that has been enacted. The judge’s decision that was handeddown was so low that it did not cause a deterrent effect on the perpetrator so thatis possible that this incident will happen again in the future. Ideal concept isachieved in determining the decision in accordance with the law against thejudge’s decision, and the criminal punishment imposed on the defendant shouldbe in accordance with the regulated law, namely law number 30 of 2009concerning electricity.Keywords: Electricity theft – justice – criminal sanction

PELAKSANAAN PIDANA KURUNGAN PENGGANTI DENDA DALAM KASUS TINDAK PIDANA KORUPSI DI WILAYAH PENGADILAN NEGERI PEKANBARU Febria, Anggun; Erdianto, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In The provisions for criminal fines at extraordinary crime level are regulated in Law Number 20 of 2001 concerning Eradication of Corruption in Article 2 paragraph (1). However, the Corruption Law does not regulate the length of imprisonment in lieu of fines, the determination of the length of the substitute imprisonment refers to Articles 30 and 31 of the Criminal Code (KUHP). In practice, the implementation of fines is actually an alternative for the convicted person not to pay the fine so that the purpose of punishment to return state losses is not fulfilled. The purpose of writing this thesis is: First, knowing how to carry out imprisonment in lieu of fines in corruption cases. Second, to find out what are the benchmarks for judges in imposing imprisonment penalties in lieu of fines in corruption cases. Third, to find out how the difference in imprisonment in lieu of fines at the same amount of fines on the sense of justice and legal certainty.This type of research is sociological legal research (Social Lagal Research). This research is more specific to seeing the law in a real sense and examining how the law works in society by analyzing various literatures related to the problem being studied as well as interviews with the Head of Pidsus Section of the Pekanbaru District Prosecutor's Office and Pekanbaru District Court Judges.From the results of the research conducted, it can be concluded that, first, the implementation of imprisonment in lieu of fines is an option for the convict if he does not want to pay the fine and the prosecutor cannot force the convict to pay the fine. However, in 2019 there tended to be a balance between the defendant who chose to pay a fine and chose to serve imprisonment in lieu of a fine. Second, in the aspects of punishment, the judge in making his decision in addition to looking at the evidence and facts revealed in the trial, he also considers things that can alleviate and incriminate the accused. Third, judges in compiling their decisions must reflect justice, benefit and legal certainty. However, in practice, judges' decisions are often seen as not fulfilling a sense of justice and legal certainty.Keywords: Execution-Fines-Substitute Imprisonment

UPAYA BALAI BESAR KONSERVASI SUMBER DAYA ALAM RIAU DALAM PENANGGULANGAN TINDAK PIDANA ILLEGAL LOGGING DI KAWASAN SUAKA MARGASATWA BUKIT RIMBANG DAN BUKIT BALING Haryanto, Popo; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Forests have a very important position and role in supporting national development. The Constitution of the Republic of Indonesia of 1945 Article 33 paragraph (3) explains that "the earth and water and natural wealth contained therein are controlled by the state and used for the greatest prosperity of the people". Forest areas in Indonesia have a function as a conservation function; protected function; and production function. In general, all forests have the function of conservation, protection and production. Each forest area has different conditions according to the physical condition, topography, flora and fauna and biodiversity and ecosystem. In Indonesia, the three functions of the Forest Area have been established as the main function of the forest. which is intended by the main function is the main function carried by a forest. The practice of illegal logging not only takes place in the production forest area but also penetrates in protected forests and conservation areas. On the other hand, the current global era with its various modernization devices has provided relatively accessible accessibility. The practice of illegal logging has threatened the survival of mankind in theworld.This research aims to find out efforts to combat illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling which is the authority of the Riau Natural Resources Conservation Center in terms ofmaintaining and protecting conservation areas conducted based on field studies and interviews. This type of research is categorized into a sociological legal study that stems from factual events and problems that occur and grow in the midst of society.The resultsof this study there are three important things, namely pertama intends to unifytheextent of the efforts that have been made by the Riau Natural Resources Conservation Center in terms of tackling illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling. Second, what obstacles occur in efforts to combat illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling. Third, what steps can be taken to overcome the problem of illegal logging in the Bukit Rimbang Wildlife Reserve and Bukit Baling.Keywords: Effort, Countermeasures, Illegal Logging

ANALISIS HUKUM PENCEMARAN YANG TELAH TERBUKTI MELALUI UJI BAKU MUTU LINGKUNGAN AGAR DAPAT MENJADI DASAR BAGI PENEGAKAN HUKUM PIDANA LINGKUNGAN Hermansyah, Danu; Erdianto, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Environmental law is a field or branch of law that has special characteristics which drupsteen calls the functional law field (functioneel rechtsgebeid), in which there are elements of administrative law, criminal law and civil law. Therefore, the enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the field of administrative law, criminal law, and civil law with the aim of forcing the subject of law subject to compliance with environmental legislation.This research is a normative legal research, because it is based on library research that takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data.From the results of the study, it was concluded that, First, Pollution that has been proven through environmental quality standard tests can be the basis for environmental criminal law enforcement that must meet at least 3 elements, namely: the existence of an unlawful nature (wederrechtelijk), an error (schuld), and only then then the application of a criminal (strafe). These elements can already be used as a basis in the enforcement of environmental criminal law against corporations that have dumped waste into rivers and exceed the threshold for environmental quality testing. Second, the factors that affect pollution that have been proven by environmental quality standard tests can be the basis for the investigation of environmental crimes, which is to prove a criminal act of environmental pollution such as river pollution is not necessarily easy to prove, it must require proof that is truly accurate and valid. namely through expert information and one of the important aspects that can affect the effectiveness and efficiency of environmental management in a country is whether or not an accredited laboratory is available, in this case an environmental laboratory capable of producing data that is valid and reliable, irrefutable, and can be accounted for in an effective manner scientifically as well as legally.Keywords: Pollution, Quality Standards Test, Criminal Law Enforcement

PERTANGGUNGJAWABAN PIDANA TERHADAP APARAT KEPOLISIAN YANG MELAKUKAN KEKERASAN TERHADAP PENGUNJUK RASA Samadi, Muhammad Alfarid; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Police officers may not use violence in securing demonstrations. These provisions areregulated in Article 10 Letter C of the Republic of Indonesia's National Police Regulation Number8 of 2009 concerning the Implementation of Human Rights Principles and Standards in CarryingOut Duties of the Indonesian National Police, however cases of beatings against students fromagency Students Executivein Riau se musala RRI office district, Pekanbaru. Students who aremembers of bodies Student Executivethroughout Riau consist of Riau University (UNRI), RiauIslamic University (UIR), Suska State Islamic University (UIN), and Tabrani Rab University.There were about 37 students who were injured after clashing with the police. The studentsshowed a number of wounds, in the form of bruises on their hands, head and the lips that werebroken due to the impact of the rattan by the Sabhara members.This legal research is normative legal research that is oriented towards positive legalnorms (ius constitutum), namely: research that is more focused on the implementation of positivelegal norms and principles, in the form of a statutory approach that is relevant to study theformulation of the problem of legal issues in this legal research. In this study the authorsconducted a study that examines the analysis of law enforcement against violence perpetrated bylaw enforcement officials against protesters. With the formulation of the problem, how can thecriminal responsibility of the police who commit violence while securing a demonstration bereleased from punishment? What are the limits of violence that can and cannot be done insecuring a demonstration?The author concludes that police who commit violence in a demonstration can be heldresponsible for the crime, because they are state officials who function at the demonstration toprovide security, the violence is carried out consciously by the apparatus and the form of theerrors contained in the Criminal Code. In addition, the police have professional ethics that arecarried out when carrying out their duties, so that it confirms that officers who commit violencewhile securing a demonstration can be held responsible for criminals, and the limits on violencethat can and cannot be done in securing demonstrations are contained in Republic of IndonesiaNational Police Regulation Number 9 of 2003 Procedures for Providing Services, Safeguardingand Handling Cases for Submission of Opinions in Public in Articles 23 and 24Keywords: Accountability - Demonstrations - Police

PENERAPAN PENCABUTAN HAK POLITIK TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA Gabriel, Alexander Ricardo; Erdianto, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The growing criminal acts of corruption have made it hard work for law enforcement in Indonesia. In terms of actors, corruption is carried out not by ordinary people, but by those who have an agreed position and status in society. The phenomenon of the rise of public officials and political figures who have been trapped in corruption cases has developed enough. One effort to provide a deterrent effect for those who commit acts of corruption is to provide freedom in the form of revoking political rights.This type of research can be classified in normative legal research, namely legal research conducted by researching library materials. This study examines the subject matter in accordance with the scope and identification of the problem through a statute approach carried out by examining the laws and regulations that relate to the legal issue under study. In this study the authors conducted a study of the principles of law by utilizing descriptive methods. Data collection techniques used in the Normative Legal Research are library research methods (library research) which uses the library as a means of collecting data, by studying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study is the application of revocation of political rights to perpetrators of corruption in Indonesia still raises the pros and cons. The effectiveness of the adoption of political rights against perpetrators of corruption against corruption perception in Indonesia is still not good. The perception indicators of corruption that are still lagging behind a number of countries in ASEAN have an effect on the level of Indonesian competitiveness in the eyes of investors, because the corruption index is still low compared to neighboring countries. corruptors are still involved in the political process. The ideal concept of setting the revocation of political rights to perpetrators of corruption in the future must pay attention to the time limit for its imposition related to the crime committed by the convicted person also associated with the value of the loss.Keywords: Revocation of Political Rights, Actors, Crime, Corruption

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
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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

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