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PELAKSANAAN PERLINDUNGAN HAK-HAK KOBAN KEKERASAN DALAM RUMAH TANGGA DI KEPOLISIAN RESOR KOTA SIBOLGA Jusuf Tinambunan; Erdianto Erdianto; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Domestic violence is any act against someone, especially women, which results in suffering or suffering physically, sexually, psychologically, and or neglecting the household, including threats to commit acts, coercion, or deprivation of liberty in the city of Sibolga. not fulfilled.This research is classified into observational research by means of a survey, namely research conducted directly in the research location, namely at the Sibolga Police. Meanwhile, if viewed from its nature, this research is descriptive, namely this research is intended solely to find out a complete, detailed, and clear picture of a reality.The result of this research is that the researcher finds that the Sibolga City Police as the object of the researcher's research still finds an increase in domestic violence from year to year. As for the obstacle to not fulfilling the rights of victims of domestic violence are the factors from the police and the victims themselves, where the police do not socialize the rights of the victims, and the factor of the victims is that the victim does not want to because it is a family disgrace, so efforts are needed to fulfill it. The rights of victims can be provided by a Vocational Training Center (BLK) which is supervised by the Manpower Office, provides a safe house in the police, provided a Crisis Center which is managed by a non-governmental organization (NGO) itself. Keywords: Domestic violence, Protection, Rights of victims

PELAKSANAAN POLA PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS IIA BENGKALIS DALAM TAHAP ASIMILASI Arif Rahman; Erdianto Erdianto; Elmayanti Elmayanti,
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Literally, prisons are places to carry out coaching for prisoners andcorrectional students. The guidance that has been carried out by each prisongenerally includes matters of spiritual development, education, skills, and themain thing is to rebuild his confidence to be able to re-integrate with the outsidecommunity after completing his criminal period. The implementation of guidancecarried out by prisons for inmates of course refers to the laws and regulationsgoverning it, because in the implementation of coaching there are severalprinciples that should not be violated.This type of research can be classified in the type of sociological lawresearch (empirical), because in this study the author directly conducts researchon the location or place under study in order to provide a complete and clearpicture of the problem being studied. This research was conducted at theCorrectional Institution, while the population and samples were the Head of ClassII A Bengkalis Correctional Institution, the Head of the Registration Subsidy ofthe Class II A Bengkalis Correctional Institution and the Assimilation StageInmates at the Class II A Bengkalis Correctional Institution.The conclusions that can be obtained from the results of the research are:First, the Implementation of the Pattern of Guidance for Convicts at the Class II ABengkalis Correctional Institution in the Assimilation Stage is divided into severalstages, one of which is initial coaching which is preceded by a period ofobservation, research and introduction to the environment (mapenaling). Second,the Factors and Constraints in the Convict Assimilation Guidance System at theClass II A Bengkalis Correctional Institution, namely the problem starting fromthe pattern of giving assimilation related to recidivist prisoners unable to carryout assimilation, convicts who carry out fines cannot carry out assimilation.Third, the Efforts Made to Overcome the Obstacles That Appear in theAssimilation Guidance System at the Class II A Bengkalis CorrectionalInstitution, such as regarding the schedule of inmates who work with third parties.Keywords: Prisoners, Assimilation, Correctional Institutions, DevelopmentPatterns.

ANALISIS YURIDIS PENGGABUNGAN PEMIDANAAN TINDAK PIDANA LINGKUNGAN HIDUP DAN TINDAK PIDANA PENCUCIAN UANG BERDASARKAN STUDI PUTUSAN NOMOR : 71 /Pid.sus/LH/2018/PN.PLW DAN PUTUSAN NOMOR : 38/Pid.sus/LH/2018/PN.Pbr Miftah Farhan Sitorus; Erdianto Erdianto; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The convict M. Ali Honopiah received two court decisions that occurred inthe case in Decision Number: 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number:38/Pid.Sus-TPK/2018/PN.Pbr ., So that the convict commits several criminal acts atonce, namely the Commerce and Transport of Protected Animals and the Crime ofMoney Laundering. From the two decisions above, that the convict committed severalcriminal acts at different times so that the two decisions were not in accordance withArticle 65 of the Criminal Code.The purpose of writing this thesis, namely: First, to find out the juridicalperspective on the merger of Environmental Crimes and Money Laundering, theStudy of Decision Number 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number38/Pid.sus/LH/ 2018/Pn.Pb. Second, to find out the application of the merger ofEnvironmental Crimes and Money Laundering, the Study of Decision Number71/Pid.Sus/Lh/2018/Pn Plw and Decision Number 38/Pid.sus/LH/2018/Pn.pbr.This type of research can be classified into normative research. The datasources used are primary data and secondary dataFrom the results of the study that in the decision on environmental crimes andmoney laundering crimes committed by M Ali Honopiah. In this case, the PublicProsecutor (JPU) stated that M. ALI HONOPIAH has been legally proven and guiltyof committing the crime of money laundering. because the elements of a criminaloffense in the Primary indictment have been fulfilled in themselves and the actions ofthe Defendant. So that the decision has not used Article 65 regarding the merging ofpunishmentsKeywords: COMMERCIAL CRIMINAL ACTS OF ENVIRONMENTAL CRIMINALACTS OF MONEY LAUNDERING

ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory

ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory

PEMULIHAN KERUGIAN KORBAN KEJAHATAN TERHADAP HARTA BENDA DALAM PERSPEKTIF HUKUM PIDANA Mutiara Sri Melinda; Erdianto Erdianto; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Crimes against property in Indonesia have not been regulated perfectly in law so thatthey are still partial and require further implementing regulations for the sake of justice andwelfare of those concerned. One of the rights of the victim is to get compensation from theperpetrator so that it can help the victim to reduce his suffering. If the crime that befalls thevictim is a property crime with material losses, then the intended compensation is the returnof the victim's belongings or the perpetrator compensates for a number of victims' losses.positive in Indonesia and its implementation. And secondly, to find out the ideal punishmentfor criminal property crimes in Indonesia in the future.From the results of this research on legal issues, it can be concluded that there areseveral things that need to be done for the benefit and justice of law in Indonesia, both fromthe perspective of perpetrators and victims. Namely, first, regulation of criminal sanctionsagainst property in positive law in Indonesia and its implementation. In the event that thereare several arrangements, namely Article 98 of the Criminal Procedure Code, Law Number13 of 2006 concerning the Protection of Witnesses and Victims, Government RegulationNumber 35 of 2020 Amendments to Government Regulation Number 7 of 2018 concerningProvision of Compensation, Restitution and Assistance to Witnesses and Victims . In Islamiclaw, it is also known as the concept of Diyat. Besides that, there is also customary law thatoccurs because of habits that have existed from the past and are used as rules in society.Second, ideally the imposition of crimes against property in Indonesia in the future. In thiscase the researcher provides a new alternative in solving the problem of crimes againstproperty, namely where to propose compensation to be one of the main crimes that should beregulated in the types of Indonesian crimes. Seeing the many victims whose property will beharmed in the future. Suggestions from the author is that in the future criminal law reformsshould be carried out where there are rules that clearly regulate the compensation sufferedby victims of crimes against property.Keywords: Property, Victims, Compensation

PENGATURAN SANKSI PIDANA TERHADAP PENIKMAT KONTEN LIVE PORNOGRAFI DI MEDIA SOSIAL DALAM HUKUM POSITIF INDONESIA Akhwal Fazri Zega; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Cyber crime that has been developing lately is the Bigo Live social media application,which is an Android-based application using IOS which is currently being favored by users,especially from Indonesia. Technological developments have brought new forms ofpornography. In Law Number 44 of 2008 Concerning Pornography, that the meaning ofpornography is pictures, sketches, illustrations, photos, writing, sounds, sounds, movingimages, animations, cartoons, conversations, gestures, or other forms of messages throughvarious forms of media. communication and/or public performances, which contain obscenityor sexual exploitation that violates the norms of decency in society.This research is a normative legal research. This is based on library research whichtakes quotes from reading books or supporting books related to the problem under study.This study uses secondary data sources consisting of primary, secondary, and tertiary legalmaterials. This study also used qualitative data analysis and produced descriptive data.From the results of the research and discussion conducted, it is necessary to reformthe law regarding sanctions against connoisseurs of live pornographic content who carry outpornographic transactions so that it becomes a permanent job for perpetrators of livepornographic content. So that the level of criminal acts of pornography in Indonesia can bereduced. The imposition of sanctions on connoisseurs of live pornographic content is equatedwith the perpetrators of live pornographic content so that there is no difference between thetwo because they both commit criminal acts (pornographic transactions) and advise the stateto improve moral and character education for all generations of the nation about theimportance of moral values and avoidance the younger generation of pornographic contentthat is rife on social media.Keywords: Sanctions; Criminal; Content Connoisseurs; Live Pornography.

TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK Oloan Swandy Panjaitan; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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As an example of a case that is still being debated regarding the rules and sanctionsthat must be stipulated, namely the case of the Tira Persikabo football team which promotedan online gambling site called SBOTOP on its jersey, that as explained in the regulationsregarding gambling above, this clearly violated the regulations regarding gambling. containedin Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the 2008 ITE Lawwas amended into Law Number 19 of 2016 which does not allow people to make electronicinformation and documents that have gambling content accessible.There are two formulations of the problem in this study, namely First, what is thecriminal responsibility for the football team that promotes online gambling sites in their jersey?Second, what are the obstacles that impede criminal liability for a football team that promotesonline gambling sites in their jersey?There are 2 conclusions from this study, namely, First, the use of online gambling sponsors onthe Persikabo 1973 football jersey which competed in national competitions is part of agambling crime. Because these actions fulfill the entire set of elements contained in Indonesiancriminal law. The sponsorship of the online gambling site has complied with the provisions ofarticle 303 paragraph 1 which focuses more on the elements of making offers and providingopportunities for other people and/or the general public to gamble. In addition to theseprovisions, the act of sponsoring the gambling was also carried out through the Instagramsocial media of the Persikabo 1973 football club, so that it has fulfilled the elements of Article27 paragraph 2 of the ITE Law with the threat of imprisonment for a maximum of six yearsand/or a fine of up to one billion rupiah. Second, the obstacles in criminal liability for a footballteam that promotes online gambling sites on their jersey: a. The multiple interpretations of therules governing the prohibition of promoting online gambling sites on the jersey of theIndonesian football team. b. The absence of legal certainty by the National Police regardinglaw enforcement for football teams promoting online gambling sites at Jersenya.c. TheUncertainty of the Management of the Indonesian Football Association (PSSI) in ProhibitingFootball Teams in Indonesia from Promoting Online Gambling Sites. Suggestions from thisstudy are First, Law enforcement officials, in this case the police, must be active with thecommunity to immediately punish anyone involved in sponsoring online gambling sites inIndonesian football because it is a form of gambling crime that offers massive offers to allIndonesian people. through the media of football. Second, law enforcement officials must alsoeradicate all forms and practices of gambling because this is very dangerous for the life of theIndonesian nation and state because gambling can be the forerunner to the birth of othercrimes and is very contrary to public order, contrary to the values of and norms contained inthe life of society.Keywords: Accountability, Criminal, Football Team, Promoting, Online Gambling Site

Kedudukan Hukum Alat Bukti dalam Tindak Pidana Pelecehan Seksual di Peradilan Pidana Indonesia Kevin Mandala; Erdianto Erdianto; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Evidence occupies an important position. The judge in making a decision will need a lot of time tostudy and analyze in depth the existing evidence and the results of the evidence will be used as aguide in making a decision. Indonesia adheres to a system of proof according to negative law orNegative Wettelijk Stelsel, this can be seen in the provisions of Article 183 of the CriminalProcedure Code, where to convict the Defendant, the Judge must have at least two valid pieces ofevidence plus valid evidence. the judge's conviction, meaning that at least two valid pieces ofevidence, the judge obtains confidence that the crime actually occurred and the defendant was theperpetrator. Therefore, the judge must carefully, thoroughly, and maturely assess and consider thevalue of an evidence by examining the extent to which the "Power of Evidence" or minimumbewijskracht of each piece of evidence as referred to in Article 184 of the Criminal ProcedureCode and besides that the judge must also distinguish between criminal acts other with evidence ofa crime of sexual violence.The objectives to be achieved in this research are the first, namely to find out how the legalposition of evidence in the crime of sexual harassment in the Indonesian criminal court. Second, tofind out the ideal form of regulation regarding the position of evidentiary law in the crime ofsexual harassment in criminal justice in Indonesia.The author conducts research using normative juridical methods or literature studies to obtainsecondary data which is divided into 3 (three) namely primary, secondary and tertiary legalmaterials. In this study, researchers used a statutory approach to study law, namely the principleof justice associated with the problems studied.From the research results, there are three main things that can be concluded: First, regarding thelegal position of evidence in the crime of sexual harassment in the Indonesian criminal justicesystem, it plays an important role. what the defendant has done. Two ideal forms of arrangementregarding the legal position of proof in the crime of sexual harassment in the Criminal Courts inIndonesia are if it is not accompanied by a crime and other evidence that does not meet thestandards in Article 184 of the Criminal Procedure Code. Code, then the proof is useless.Indonesia still adheres to negative evidence by requiring that two pieces of evidence must bepresented in court, and this is difficult to prove in crimes of sexual violence. Therefore, the authoris of the opinion that especially with the crime of sexual violence there is no need to pay attentionto two pieces of evidence, the witness-victim testimony is the key and the perpetrator's lie detectortool is one of the expert statements.Keywords: Legal Standing, Evidence, Sexual Harassment, Criminal Justice

UPAYA LEMBAGA ADAT BATAK DALIHAN NATOLU DALAM PENCEGAHAN KEKERASAN PADA ANAK DALAM KELUARGA DI KECAMATAN PANDAN KABUPATEN TAPANULI TENGAH Conny Ofta Tiani Br Tompul; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Children are often victims of violence so that family has a very important role for children, because inessence of the family is the first place for children to acquire knowledge, mental development, and personalityformation, while the purpose of this research is to see the efforts of the Dalihan Natolu Batak TraditionalInstitute (LABDN) in preventing violence against children in the family. The customary law that applies, namelyDalihan Natolu, is a cultural system in which for the Batak people the values it contains are used as a way oflife and at the same time a source of motivation for behavior.The type of legal research used by the author is a sociological legal research. Sociological law researchis research that wants to see the correlation between law and society, so as to be able to reveal the effectivenessof the enactment of law in society. The research location was conducted in Pandan District, Central TapanuliRegency. Sources of data used are primary data and secondary data, data collection techniques in this study arequestionnaires, interviews, and literature review, and concluded with a deductive thinking method.From the results of this study it was concluded that First, efforts were made to socialize to the communityabout violence against children, working with traditional elders to apply local wisdom values, giving customarysanctions to perpetrators of violence against children. Second, the obstacles experienced by thecommunity/families are not reporting, the view that violence is for educating children, regional conditions andlack of budget.The author's suggestion is that the government should pay more attention to the existence of the DalihanNatolu Batak Traditional Institution, special institutions dealing with children are able to work together withtraditional institutions to jointly prevent child abuse and everyone should care more about the existence ofchildren so that they are wiser in educating children.Keywords : Dalihan Natolu Batak Traditional Institute – Prevention -- Violence of children

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