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Erdianto Erdianto
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Law, Crime, Criminology & Criminal Justice

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PERTANGGUNGJAWABAN PELAKU PIDANA PORNOAKSI YANG VIDEONYA DISEBARKAN OLEH ORANG LAIN Reni Marbun; Erdianto Erdianto; Ferawati Ferawati
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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Pornography is not just worrying and tarnishing the good name and detrimental to the honor of others and very degrading surrounding. Besides that, talking about the crime of porno-action in the mass media at the moment is inseparable from criminal liability against the spread of porn-action which results in the ease of people being able to access internet sites. Therefore it is necessary to examine the problem in this study is how is the criminal responsibility of the perpetrators of pornography whose videos are spread by others, and whether the perpetrators of pornography spreaders can be accounted for by criminal law.This research is a normative legal research, in which this normative legal research is carried out by examining library materials or secondary data consisting of primary, secondary and tertiary legal material, which examines the legal principles contained in the Criminal Law Code. This study uses descriptive research, because the author intends to provide a clear and detailed description of the Criminal Liability of Porno Actors whose Video is distributed by others.From the results of the study, it was concluded that the criminal liability of pornography perpetrators whose videos were distributed by others has not been carried out to the maximum extent possible by law enforcement officials because regulations related to criminal acts are very weak because they have not been well socialized and comprehensive, and viewed from the point of view of law enforcement officials who do not understand all the current regulations so that they have not been carried out out of the three rules, namely the Criminal Code, Law Number 44 Year 2008 Regarding Pornography and Law Number 19 Year 2016 Amendment to Law Number 11 of 2008 concerning Transaction and Electronic Information.Keywords: Invistigation-People Smuggling- suspect
PERANAN SUBDIT V POLDA RIAU DALAM PENANGGULANGAN TINDAK PIDANA TERORISME MELALUIDUNIA VIRTUAL( CYBERTERRORISM ) Jonathan Christoper Silalahi; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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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
PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENGALAMI KEKERASAN OLEH PENYIDIK DALAM PROSES PENYIDIKAN DI KEPOLISIAN RESOR KOTA PEKANBARU Nurhasanah Nurhasanah; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Violence by the investigator is an irony, because the function of criminal procedure law, which seeks to limit the power of the state (police power) in acting and implementing material criminal law, is not implemented properly. The provisions of the criminal procedure law are intended to protect suspects from arbitrary actions by law enforcement officials and the courts.This type of legal research is empirical legal research. Empirical legal research is legal research that examines law that is conceptualized as actual behavior. Meanwhile, if seen from the nature of this research is descriptive. This study uses primary data and secondary data.The result of this research is that the legal protection that can be given to suspects who have become victims as a result of violence perpetrated by the police in the investigation process has been regulated and guaranteed in the 1945 Constitution, the Criminal Procedure Code, the Law on Judicial Power, Law Number 39 1999 on Human Rights. Actions taken or given by the National Police in dealing with police officers who are involved in the use of violence in the investigation process are the persons concerned will be submitted to PROPOS / PROPAM and will be subject to sanctions in the form of demotion or dismissal.Keywords: Legal Protection, Suspects, Violence, Investigators
PERAN LEMBAGA ADAT MELAYU RIAU KABUPATEN KUANTAN SINGINGI TERHADAP PENCEGAHAN TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN (PETI) DI KABUPATEN SINGINGI Rahma Riyanti; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The living environment is a spatial unit with all objects, forces, conditions, and living things including humans and their behavior will affect the continuity of life and the welfare of humans and other creatures. The environment can be defined as all objects and conditions including humans and their actions that are contained in the space where humans are located and affect the life and welfare of humans and other living bodies. To protect the environment and control acts of environmental pollution and destruction, environmental law enforcement efforts are needed. Enforcement of environmental law can be interpreted as the use or application of instruments and sanctions in the fields of administrative law, criminal law and civil law with the aim of forcing the subject of the law to comply with environmental laws and regulations. In Article 67 of Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management, it is explained that every person is obliged to maintain the preservation of environmental functions and control environmental pollution and damage. This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the research results, there are 2 main problems that can be concluded. First, the implementation of criminal acts and prosecution against the perpetrators of gold mining without a permit in the police unit of the Kantan Singi resort includes preventive and repressive measures. Preventive and repressive preventive measures have not been maximally implemented. It can be seen that there are still unlicensed gold mining that has not been processed by law enforcement officers at the Kuantan Singi Resort Police.Keywords: Mining-Environment-Pollution-Destructio
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PEMBUAT STEMPEL YANG DIPERGUNAKAN KONSUMEN UNTUK TINDAK PIDANA DIKAITKAN DENGAN AJARAN KAUSALITAS Putri Fauziah; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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In the Penal Code (Penal Code) article 263 governs the crime of mail forgery. There are several actions that belong to the type of mail forgery, one of which is the creation of stamps that can cause the stamp maker to also be held accountable. But in reality, the stamp was only used as a means of evidence in the trial. This is known from the example of the Case Verdict Number: 1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim, Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number: 423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that the stamp is only used as a tool of evidence seized for destruction. Criminal liability is often also associated with the doctrine of causality. Causality is used as a "filter" in establishing a person's criminal accountability. As a filter, causality will filter out any factual actions committed by the perpetrator, after the factual action is netted the next will be sought legal action. By finding his legal action, a person will be held accountable.The crime of stamp forgery is already very detrimental to society. Many stamps from various government agencies are often forged by the public and even State officials. Not all actions proven by the elements can lead to the perpetrator being punished if he or she cannot be blamed so criminal responsibility cannot be held. In practice many cases involving people in good faith are also held responsible for such crimes. One of them is a stamp maker. But as the basis of the judge's consideration in making a verdict is generally the same. The purpose of writing this thesis is; first, To know the accountability of stamp makers that consumers use for criminal acts is associated with the doctrine of causality. Secondly to know the consequences of the breadth of criminal liability is associated with the doctrine of causality. This type of research is normative research, using an analytical approach. This method of thesis writing research uses normative juridical methods.Keywords :Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality
ANALISIS YURIDIS PENETAPAN STATUS KELOMPOK KRIMINAL BERSENJATA DI PAPUA SEBAGAI TERORISME Marinus Lase; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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At first the separatist movements that occurred in Papua were dealt with through the articles of treason in the Criminal Code (KUHP). However, on April 29, 2021, Coordinating Minister for Political, Legal and Security Affairs Moh. Mahfud MD, through Press Release No: 72/SP/HM.01.02/POLHUKAM/4/2021, stated that organizations and people in Papua who commit massive violence are categorized as terrorists. The determination of the KKB in Papua is not in accordance with the applicable positive law, so it does not provide legal certainty. This is because political motives in the Scope of Law Number 5 of 2018 considers criminal acts of terrorism not as political crimes. The purpose of this study is to determine how the status of armed criminal groups in Papua is determined as terrorism in Indonesian criminal law and to find out how the legal consequences of determining the status of armed criminal groups in Papua as terrorism.This type of research is normative legal research or library law research. This normative legal research is a study of the principle of legal certainty, where the government's policy in determining the status of armed criminal groups in Papua as terrorism does not provide legal certainty because the policy is not in accordance with the applicable criminal law. The data sources in this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting data in this normative legal research used the literature review method. Based on the nature of this research which uses descriptive analytical research method, the data analysis used is a qualitative approach to primary data and secondary data.The determination of KKB in Papua as terrorism does not have legal certainty because the government's policy to include KKB in Papua in DTTOT is not in accordance with the applicable positive law. From a positive legal perspective, the government (Menko Polhukam) should not have the authority to declare a group in society as a terrorist group or organization and terrorism should not be considered a political crime. After the determination of the status of the KKB in Papua as terrorism, the legal consequence is that law enforcement against these groups will be different from law enforcement in general as regulated in the Criminal Procedure Code (KUHAP). The government in determining the status of the KKB in Papua as terrorism resulted in the government abusing its power and not based on applicable regulations. The legal consequences of determining the KKB in Papua as terrorism will make the KKB in Papua unable to be held criminally responsible.Keywords : KKB in Papua - Terrorism - Separatism - Political Crimes
ANALISIS YURIDIS PENGATURAN TENTANG PERKAWINAN TANPA IZIN ISTERI PERTAMA MENURUT PASAL 279 KUHP BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR: 75 K/PID/ 2016 & 168 K/MIL/2016 Dandy Gilang Mandala Putra Azwan; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Unregistered marriage (Siri Marriage) is essentially part of the religion of Islam and the practice is allowed in the Islamic religion. The culture of Siri marriage is adopted from the Arabs. Not only in the East, this practice is also extended to Indonesia. The thing is because the majority of Indonesian people are Muslims. The practice of unregistered marriage has been around for a long time and is still present sometimes. Marriage (registered one) which is a symbol of purity and commitment in a household can be an impact of this practice of unregistered marriage. Because marriage sometimes can be littered with infidelity, often unregistered marriage becomes a way out for polygamists. This led to polygamy perpetrators being ensnared by the existence of criminal lawregarding criminal acts regulated in Article 279 of the Criminal Code (hereinafter referred to as the Criminal Code) with the threat of imprisonment of 5 years. In other words, a person is punishable by a five-year prison sentence for a second marriage without permission from his first wife or husband who is still legally bound to the marriage and is still alive. However, the application of this Article is still considered lacking in law enforcement due to the application of juriprudence in Indonesia is not an obligation for judges that give them the liberty to interpret the Article according to their beliefs. This type of research can be classified into the type of Normative legal research which reveals legislation relating to legal theories that are the object of research. The approach taken is qualitative analysis by looking at data both in books, journals, and other scientific works related to this research. The data sources used for this exercise are primary and secondary legal materials.Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal Code.
KEBIJAKAN KRIMINALISASI TERHADAP PENANGKAPAN IKAN TERUBUK DALAM PERATURAN DAERAH KABUPATEN BENGKALIS Widya Lestari; Erdianto Erdianto; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The decision of the Minister and the Regent regarding the status of protection of terubuk fish does not create a deterrent effect for the perpetrators of the violation, because even though they are given a warning letter and make a statement not to repeat their actions, there are still many violations committed by other offenders even though they already know the prohibition on fishing in the month of their prohibition to do so. violations with different people, this does not create a deterrent effect for the perpetrators of the offense. Bengkalis, is a district in Riau Province, Indonesia. Its territory covers the eastern part of the island of Sumatra and the archipelago, with an area of 7,793.93 km2. Geographically, Bengkalis waters, located in the waters of the Malacca Strait which is a separation between two countries, Indonesia and Malaysia. These waters have fish resources that have the potential to be managed and developed as a beneficial economic growth for both countriesThis research is a type of research that is empirical or sociological legal research. Sociological legal research is research that is carried out directly in the location or in the field to obtain data to provide a complete and clear picture of the problem under study. This research is more specific to legal effectiveness. When talking about the power of law, it means talking about the power of the law in regulating and / or compelling to obey the law. This research focuses on the Criminalization Policy Against the Capturing of Terubuk Fish in the Bengkalis Regency Regional Regulation based on the Decree of the Minister of Marine Affairs and Fisheries Number KEP59 / MEN / 2011 concerning the Determination of the Limited Protection Status of Terubuk Fish, associated with criminal law policy theory and law enforcement theory.The results of this research are expected in the future in a ministerial decree to impose sanctions on the perpetrators and explain in detail what kind of protection matters should be protected. Then there should be an activity that conducts discussions with the local government by discussing that the act is a criminal act and attaching in the regulation what things are called criminalization.Keywords: Criminalization-Terubuk Fishing Policy
IMPLEMENTASI PASAL 76 I DAN PASAL 88 UNDANG – UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI KOTA DUMAI Bayu Fauziah; Erdianto Erdianto; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Basically, children have the right to get special protection in order to grow and develop properly. In writing this thesis, the author tries to examine the implementation of Article 76 I and Article 88 of Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection in Dumai City.The purposes of writing this thesis are: first, to find out the implementation of Article 76I and Article 88 of Law Number 35 of 2014 concerning child protection for parents who employ children in the Dumai city area. Second, to find out the obstacles in implementing criminal sanctions in the Dumai City area for perpetrators who employ children in the Dumai City area and to find out what law enforcement efforts can do to overcome the obstacles to criminal application against perpetrators who employ children in the Dumai city area. The research method in this thesis uses a sociological legal research type, namely research that wants to see the correlation between law and society, so as to be able to reveal the effectiveness of law enforcement in society and identify unwritten laws that apply to society, so in this sociological legal research which is carried out At first, careful research is secondary data which is then continued with research on primary data in the field or on the community.Based on the results of the study, the first conclusion can be drawn that the existing legal protection system for child labor has not been implemented in real terms, criminals do not get strict legal action so that the reality of crime and deviant behavior is growing. Second, the obstacles faced by the government in implementing the crime on child protection against parents who employ children in the Dumai City area include weak law enforcement and supervision related to perpetrators who employ children, violations of the law are always carried out continuously or become a habit and are considered as a normal thing. and appropriate, the lack of community participation and understanding related to child labor violations and the weak economic condition of the community so that children are forced to work. And Efforts That Can Be Done In Implementing Crimes Regarding Child Protection Against Parents Who Employ Children in the Dumai City Area are socializing laws and regulations, holding routine patrols, coordinating and collaborating between relevant agencies or institutions in the field of child labor and in terms of law enforcement. In terms of quantity and quality, it is necessary to add personnel/officers so that officers can be more optimal in carrying out their duties.Keywords: Law Enforcement, Child Protection, Parents Who Employ Children
PENGARUH VICTIMBLAMING (PENYALAHAN KORBAN) TINDAK PIDANAPORNOGRAFI BALAS DENDAM TERHADAP PROSES PENEGAKAN HUKUM DALAM SISTEM PERADILAN DI INDONESIA Deby Rahmatul Fitri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Revenge pornography is an act of pornography by utilizing the possession of pornographic material that is legally obtained but disseminated with the aim of revenge. The purpose of the perpetrator is not only to spread pornographic photos but to get back the hurt he has experienced. Revenge pornography is potentially even more dangerous and lasting than real-life harassment. In this writing the author focuses on women as victims who in practice, the influence of victimblaming is still more dominant than the victim perspective approach and the victim's mental recovery. The purposes of writing this thesis are: first, to determine the extent of victimblaming's influence on victims of revenge pornography in the law enforcement process in the Indonesian judicial system. Second, to find out how ideal the protection of victims of revenge pornography crime who has experienced victimblaming in the justice system in Indonesia.The author conducts research using the normative juridical method or literature study in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively descriptive of the laws and regulations with theories that have a relationship to the problems studied. From the research results, there are two main things that can be concluded: First, the effect of victimblaming on victims of revenge pornography crime in the law enforcement process is that so far, revenge porn has mostly occurred in the context of blaming the victim, negative reactions that have emerged have made victims reluctant to report their cases and cause absence of law enforcement processes. Second, ideally the protection of victims of revenge pornography by prioritizing the mental recovery of the victim.Keywords: effect - victim - victimblaming - revenge porn - protection
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