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Erdianto Erdianto
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Law, Crime, Criminology & Criminal Justice

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PENGATURAN PENCEGAHAN UANG HASIL KEJAHATAN DALAM KEGIATAN INVESTASI USAHA Firdaus Firdaus; Erdianto Erdianto; Muhammad Fathra Fahasta
Hukum Islam Vol 17, No 2 (2017): Hukum Keluarga dan Ekonomi Syariah
Publisher : Fakultas Syariah dan hukum Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v17i2.4978

Abstract

Evil is an act committed by a person or group of persons whose nature harms others. At this time the crimes are much developed either in the form of Corruption, Narcotics or other crimes. Along with the level of crime, the Government seeks to do the prevention and eradication with the rules of law to overcome it. Then from that writer do research about Stipulation of Money Result Of Crime In Business Investment Activity, this arise from writer observation either through mass media, development of crime rate of various forms lost the origin of crime in good way in the form of activity of Business Investment, join in Capital Market etc. Of these problems was born Law No. 15 of 2002, Law No. 25 of 2003, and Law No. 8 of 2010 on Prevention and Eradication of Money Laundering Crime.This type of research is in the form of normative juridical based on data secondary and supported by juridical historical and juridical approach of comparative. The regulation of prevention and eradication of crime of Crime in Business Investment activity has been changed will change the level of corruption, Narcotics and other crimes are still relatively high. So it can be said that prevention and eradication arrangements that are currently not effective in prevention and pemasannya, because the role of PPATK still waiting for reports from the relevant agencies.
PERBANDINGAN PENGATURAN TINDAK PIDANA HOMOSEKSUAL MENURUT HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM DI BEBERAPA NEGARA DENGAN MAYORITAS PENDUDUK BERAGAMA ISLAM Rima Rohmiati; Erdianto Erdianto; Widia Edorita
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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Abstract

One of the problems that insult the Indonesian nation today is Homosexual crime. Homosexuality asa sexual orientation of the same sex, which deviates greatly from the norms, religion, law, Pancasila, moralsand customs of Indonesian citizens. Homosexual behavior often leads to the mental and psychologicalhealth of the victims. In Islam it also strictly prohibits homosexual acts, the consequences for health andpsychology are very serious. Often cases of Homosexual crimes appear and come to light after a number ofvictims report them. The effects of homosexual crime lead to mental trauma, injury to the genitals andrectum and potential future perpetrators for both boys and men. Not only the State of Indonesia, countrieswith very strict Muslim populations prohibit homosexual acts in their countries, so that homosexuality isdefined as a criminal offense in these countries.This type of research is normative legal research, namely using literature study to search the data.This research is descriptive in nature which tries to provide data as thorough and as detailed as the existingproblems. In this study using qualitative data analysis which means explaining and concluding about thedata collected by the author. This research uses secondary data or codified scientific data.The results of this study are to explain that the prohibition for homosexual perpetrators is clearlyregulated in the Al-Qur'an and Hadith. As well as in the Indonesian National Law has been regulated, but itis lacking in categories and the need for additional stops for Homosexual offenders. This regulatesregulations regarding Homosexuals in Indonesia which are not yet perfect. The author provides an idealconcept of rehabilitation for Homosexual offenders and differentiates between Homosexual offenders andnon-Homosexual sex offenders, and adds a category for Homosexual crime victims. So it is hoped that thepre-ban can minimize Homosexual crimes in the future.Keywords: Homosexual - Indonesian Criminal Law - Islamic Criminal Law
EKSISTENSI ADAT MELAYU DALAM PENYELESAIAN KECELAKAAN LALU LINTAS DI KABUPATEN PELALAWAN IKA ANGGITA; Erdianto Erdianto; Ledy Diana
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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Abstract

The united republic of Indonesia is a legal state with basis and guidelines to pancasila and the constitution of 1945 and the supreme rule of national law. Whereas national law is also growing and growing a legal system emanating form the customs of society called the tribal laws. The settlement using the customary law was done as an alternative to the smooth distribution of a misdemeanor. When a case is settled by the customary law it is possible for the public to use valid tribal sanction in order to prevent a pending trial. As a result of the law that would result in a criminal traffic accident in the juvenile district in fines and a civil ceremony of praying together.The solution using traditional sanction in the village of betung was effective so that there would be no grudge between the troubled. In study aims to see that tribal laws still exist and are still used in society. The customary law was still accepted by the indigenous people and made the customary sanction a legal basis for accomplishing a matter. According to the victims point of view, however the customary law of compliance with the victims losses would also be met and replaced by the perpetrators. So that the perpetrators can also be accepted by the public for replacing and delibering with victims witnessed by the indigenous population.The decision decided by the mind of Malay law is mandatory for both parties to accept the decision together. The decision is preceded by a customary agreement and according to the purpose of rehabilitate the perpetrator and restore balance in the lives of relative.Keywords: Customary law-Customary Sanction-Traffic accidents
PENYIDIKAN TERHADAP MASSA PELAKU TINDAK PIDANA MAIN HAKIM SENDIRI (EIGENRICHTING) DI KEPOLISIAN RESOR KUANTAN SINGINGI Andre Gunawan; Erdianto Erdianto; Widia Edorita
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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Abstract

Eigenrichting is a form of violation of the rule of criminal law, because it is an act committed by an unauthorized person and is carried out according to their own will which is contrary to the law. This condition will not emerge by itself, because basically people do not want to commit violence, but because there are things that force them to take vigilante actions, there are various forms of vigilante action. In this case, Vigilante Crimes often occur in the jurisdiction of the Kuantan Singingi Police, where these cases occur almost every year resulting in cases continuing without clarity from the reporting party. In 2015 there were 8 cases, 6 cases were resolved with 15 suspects. In 2016 there were 5 cases and 2 cases were resolved with 10 suspects. In 2017 there were 13 cases, 5 cases were resolved with 13 suspects. In 2018 there were 7 cases and 5 cases were resolved with 12 suspects. then in 2019 there were 17 cases and 11 cases were resolved with 24 suspects. And in 2020 there were 6 cases and 6 cases were resolved with 12 suspects.This research uses empirical legal research or sociological legal research. The samples in this study were the Head of the Kuantan Singingi Police Criminal Investigation Unit, the Kuantan Singing Police Criminal Investigation Unit, Community and Community Leaders. The analytical tool in this research is a qualitative way. This study found that there are things that are not optimal in reality in the field, so it is necessary to anticipate with maximum effort.This study concludes that the investigation of the mass who committed the crime of vigilantism at the Kuantan Singi police resort has not been running optimally. This is reinforced, as almost every year vigilante crime occurs and the case continues without any clarity from the reporting party. In addition, there are several obstacles in the field, such as the limited number of police in the Kuantan Singingi Resort, inadequate coordination between one law enforcement apparatus and another, and local cultural factors that are less participatory in legal developments.Keywords: Main Judge Alone Crime – The crowd - Kuantan Singingi Police
PENEGAKAN HUKUM TERHADAP PENJUALAN BBM MENGGUNAKAN NAMA PERTAMINI SECARA ILEGAL DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI Edo Bikana Barus; Erdianto Erdianto; Mukhlis R
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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Abstract

Oil and natural gas are one of the largest natural resources owned by Indonesia. Indonesian mining produces oil and natural gas, which are strategic natural resources that are not renewable and are vital commodity assets that control the lives of many people. This commodity also has an important role in the national economy so that its management must be able to optimally provide the welfare and prosperity of the people.This type of research can be classified in the type of sociological legal research (empirical), because in this study the author directly conducted research at the location or place being studied in order to provide a complete and clear picture of the problem under study. This research was conducted at the Pekanbaru City Police, while the population and sample were the Head of Criminal Investigation Unit of the Pekanbaru Police (Economic Section), Investigators (Economic Section), and the perpetrators of illegal petrol sales using the name Pertamini. The data sources used are primary data and secondary data.The conclusions that can be obtained from the research results are: First, the implementation of law enforcement against oil fuel sales actors who use the first name illegally which is currently carried out is still not in accordance with their authority and is less effective in implementing both administrative and criminal sanctions. Second, the obstacle in law enforcement against oil fuel sales actors who use the first name illegally is that a law enforcer must carry out a legal process when he finds out that a law violation has been committe. However, the police cannot just enforce the law against retailers using the Pertamini brand because there are reasons that make it easier for the community. Third, efforts that can be made to overcome the obstacles to law enforcement against oil fuel sales actors who use the first name illegally are to raise legal awareness for the public by conducting direct socialization to retail sellers that there are regulations regarding the sale of oil and so that the public knows what is allowed.Keywords: Fuel Oil, Illegal, Oil and Gas, First, Crime.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MELAKUKAN TINDAK PIDANA PENGHINAAN DAN PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 AYAT 3 KUHP Tiara Vemilya; Erdianto Erdianto; Adi Tiaraputri
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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Abstract

Persed of social community which functions as a control, order, and educational media whose existence is guaranteed based on the constitution. The legal threat most often referred to by the press or mass media is articles of defamation or defamation. A person can easily accuse the press of insulting or defaming him if he does not like the way the press presents himself. This has led to articles on defamation that are often called mines to the press, as they are easily imposed to sue the press or journalists. Take the example of the Mara Salem Harahap case which made news on Lassernewstoday.com about alleged corruption involving the Regent of Simalungun. Then the defendant was sentenced to prison for 1 year. This distorts press freedom. These objectives: First, to see how the press is accountable for committing criminal acts of insult and defamation based on Article 310 Paragraph 3 of the Criminal Code. Second, the application of Article 310 Paragraph 3 of the Criminal Code is aimed at the press or all circles.This type of research used normative juridical research. This research uses legal synchronization, synchronization aims to reveal the reality to what extent a particular statute is harmonious vertically or horizontally, if the legislation is equal and belongs to the same field.From the results of the research, it can be denied that: First, the right of reply is not used on the party who is aggrieved so that it is subject to Article 27 paragraph 3 of the Electronic Transaction Information Law. Article 27 Paragraph 3 relates to Article 310 of the Criminal Code. Then an excuse can be given to the press who commits criminal acts of insult and defamation for the sake of the public interest and call himself. Second, of course, article 310 paragraph 3 of the Criminal Code concerns the reason for the right to eradicate crime for everyone. Author's suggestion, First to the government to make policies regarding restrictions on expression. Second, the excuse of a criminal offence should not be misused.Keywords: Press - Insult - Defamation - Criminal Abolition
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENJUALAN MIE BERFORMALIN DI KOTA PEKANBARU Nova Putri; Erdianto Erdianto; Ferawati Ferawati
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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Abstract

Law enforcement is a series of efforts, processes and activities to make the law work properly. One of the problems that still occur today is the criminal problem of selling formalized noodles in the Pekanbaru area. The problem of the criminal act of selling formaldehyde noodles is a very important legal problem because it can give an indication to public health, the authors still see many yellow (wet) noodle sellers who have not fulfilled proper food sales procedures maximally. so that researchers need to research related to how law enforcement related to the criminal act of selling formalin noodles in the Pekanbaru area. The purpose of writing this thesis is First to find out the law enforcement related to the criminal act of selling formalized noodles in Pekanbaru. Second, to find out obstacles in the law enforcement process related to the criminal act of selling formalized noodles in Pekanbaru. Third, to find out the ideal law enforcement solution to prevent criminal acts of selling formalized noodles in Pekanbaru.This type of research is sociological legal research, namely research that seeks a correlation between law and society. This research is descriptive in nature, namely the researcher tries to provide an overview of the cases being studied. In this study using qualitative data analysis, which means explaining and concluding about the data that has been collected by the author. This study uses codified primary and secondary data.The results of this study are law enforcement against yellow (wet) noodle sellers who are known to have problems in terms of food or the production process is not optimal. When a criminal sanction has been given, whether in the form of a warning letter of the danger of imprisonment or something else, the same case still occurs so that the prevention of this case must be carried out maximally through more stringent means or procedures. The obstacles in law enforcement are focused on one object, namely "society" itself. Starting from supervision, the lack of legal awareness and socialization in the community has not been maximal. Efforts made to overcome obstacles in carrying out law enforcement, namely the need to increase socialization in the field and the stipulated legal rules must have an impact on the community so that the same case does not happen again.Keywords : Law Enforcement-Sale-the Crime of Formalin Noodles
ANALISIS YURIDIS TERKAIT PERSYARATAN BEBAS BERSYARAT ABU BAKAR BA’ASYIR Mardiana Andresa P; Erdianto Erdianto; Widia Edorita
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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Abstract

The state guarantees the rights of prisoners as regulated in Article 14 paragraph (1) of the Law of the Republic of Indonesia Number 12 of 1995 concerning Corrections. One of the rights guaranteed in the correctional law is parole. The government plans to release Abu Bakar Ba'asyir for humanitarian reasons, so it immediately reaps the many pros and cons. Apart from the political factors that arose with the plan to release Abu Bakar Ba'asyir, it is important to study it from legal analysisThis type of research can be classified as normative legal research, namely legal research carried out by examining library materials. In this study, the authors conducted research on legal principles using descriptive methods. The data collection technique used in Normative Law Research is a library research method, namely using 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 research results is that the process of granting parole to terrorism convict Abu Bakar Ba'asyir who invites controversy in a juridical perspective, there are general conditions and special conditions. Granting parole for terrorism convicts is different from granting parole for general prisoners. Terrorism convicts must attach a certificate of having participated in the Deradicalization Program from the Head of Prisons and / or the Head of the National Counterterrorism Agency. As for the object that becomes the Controversy Polemic of Abu Bakr Ba'asyir's parole, there is a requirement for Abu Bakar Ba'asyir, there are conditions that must be met. Efforts that have been made to resolve the Abu Bakar Ba'asyir Controversy in Criminal Law Perspective by referring to the continued legal basis related to parole which regulates the conditions for conditional release for terrorism convicts to be fulfilledKeywords: Legal Analysis, Controversy, Parole, Abu Bakar Ba'asyir
PENAFSIRAN KITAB UNDANG-UNDANG HUKUM PIDANA TENTANG PENCURIAN DALAM KELUARGA TERHADAP PERKAWINAN DI BAWAH TANGAN PADA PUTUSAN PENGADILAN NEGERI TELUK KUANTAN NOMOR 1/PID.B/2020/PN TLK Atika Shalwani; Erdianto Erdianto; Adi Tiaraputri
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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Abstract

Theft in the family as stipulated in Article 367 of the Criminal Code, the legislator stipulates theft as a criminal complaint (klacht delict), i.e. theft that can only be prosecuted on the basis of complaint from the aggrieved party. The type of complaint contained in the Criminal Code is a relative complaint, namely a complaint against the person who committed the theft and the absolute complaint that is his or her actions. Regarding theft in the family stipulated in Article 367 of the Penal Code, neither husband nor wife can sue each other in the event of theft between the two parties, the legal principle of marital property is that by marrying the husband and wife, then all the assets brought by the husband and wife into the marriage, enter into a group of property, called the property of unity. But based on this case, the wife has suffered losses for her husband's actions. However, the wife cannot sue her husband in positive legal rules. Plus their marital status is marriage under hand. So it is not recognized by the State and the wife is difficult to get justice for.The purpose of this research is to find out how the legal process against theft in the marital family is under hand, as well as the known interpretation of Article 367 of the Criminal Code against the case of theft in marriage under hand. This research will be compiled using a type of normative juridical research, namely research focused on examining the application of rules or norms in positive hokum. The approach used in this study is to use a normative approach that is literature law research.The result of the study conducted by the authors is that, although a delik is a complaint in this case in the form of a criminal theft in the family to conduct an investigation of the relic, it is known that the judge ruled in the case of theft in the marriage family under the hands is thus only included in the 362 Criminal Code because it fulfills the element of taking something, which is entirely or partially belonging to another person , with the intent to be unlawfully owned.Keywords: Interpretation – Marriage under Hand – Theft
KEBIJAKAN KRIMINALISASI TERHADAP PENYIDIK YANG TIDAK MENYEDIAKAN BANTUAN HUKUM KEPADA TERSANGKA YANG DIANCAM DENGAN PIDANA 5 TAHUN LEBIH BERDASARKAN PASAL 56 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Wais Arfam Utama; Erdianto Erdianto; Erdiansyah Erdiansyah
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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Abstract

Assistance by a legal adviser in a criminal justice process for a suspect ordefendant is very important because, even though his freedom is limited, a suspect still has human rights that are inherent in him and its fulfillment cannot be ruled out. The absence of legal consequences for violations of Article 56 of the Criminal Code is a factor in the emergence of crimes committed by law enforcement officials against suspects or defendants in the law enforcement process.The research method used in this thesis uses normative legal research, namely legal research which studies statutory regulations and legal principles. In this normative research, the writer conducts research on several laws and regulationsFrom the research, there are two main points that can be concluded. First, the criminal law policy against investigators who do not provide legal assistance to suspects who are punished with a sentence of 5 years or more is sometimes ignored or not in accordance with its purpose. Second, that an investigator who does not provide legal assistance to a suspect who is sentenced to 5 years in prison deserves to be qualified as an act that can be criminalized because he has violated several laws and other regulations.Keywords : Criminalization Policy, Investigators, Legal Aid
Co-Authors Adi Tiara Putri Adi Tiaraputri Ahmad Zuhri Akhwal Fazri Zega Andre Gunawan Andrikasmi, Sukamarriko ARIF RAHMAN Atika Shalwani Bayu Fauziah Conny Ofta Tiani Br Tompul Dandy Gilang Mandala Putra Azwan Davit Rahmadhan Deby Rahmatul Fitri Dwi Anggun Pratiwi Edo Bikana Barus Ela Valentina Damanik Elmayanti Elmayanti Elmayanti Elmayanti, Erdiansyah Erdiansyah Ferawati Ferawati Fijai Sanjaya Firdaus Firdaus HALIMAH NOVITA SARI I Ketut Sudiana IKA ANGGITA Ikramul Fajri Joana Petra Naomi Jonathan Christoper Silalahi Jusuf Tinambunan Kevin Mandala Ledy Diana Leoni Capri Widyatama Lesti Hardianti M. Arief Deka Rizqi Mardiana Andresa P Marinus Lase Melati Sukma Dewi Miftah Farhan Sitorus Muhammad Fahlebvy Muhammad Fathra Fahasta muhammad fikri Mukhlis R Mutiara Sri Melinda Nova Putri Nur Farah Datulaida Oloan Swandy Panjaitan Putri Fauziah Rahma Riyanti Reni Marbun Rima Rohmiati Salsabila Afnita Syaifullah Yophi Syaifullah Yophie Ardiyanto Tengku Arif Hidayat Tiara Vemilya Wais Arfam Utama Widia Edorita Widya Lestari Wifra Hadhratin Windy Putri Priyatmi Wulan Novita Sipayung Zainal Bahri