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Erdianto Erdianto
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Law, Crime, Criminology & Criminal Justice

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PENERAPAN PERLAKUAN KHUSUS PEREMPUAN DAN ANAK TERHADAP PENANGANAN PERKARA KEKERASAN DALAM RUMAH TANGGA OLEH KEJAKSAAN (Studi Kasus Kejaksaan Tinggi Riau) Windy Putri Priyatmi; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Domestic Violence is a classic problem in the world of law and gender. Eventhough the legal umbrella to protect victims from domestic violence already exists,namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, thishas not been enough to anticipate this violence, in this case the need for attention andlegal protection, both the government and law enforcement agencies, as well as from thecommunity so that it is expected that everyone who hears, sees, or knows about theoccurrence of domestic violence is obliged to take preventive measures and provideassistance. Actually, what are the causes and what kind of protection for women andchildren victims of domestic violence are regulated in Indonesian positive law.This type of research is sociological legal research conducted at the Riau HighCourt. The data sources used are primary data and secondary data. Data collectiontechniques were carried out by interviews and literature review. The data were analyzedqualitatively which produced descriptive data and concluded with a deductive thinkingmethod.The result of this study is that access to justice is provided through formal andnon-formal channels. Through formal channels, providing access that fully prioritizes theinterests of women and children, in this case the prosecutor's office which plays a veryimportant role. Meanwhile, through informal channels, cases involving women andchildren, both as perpetrators and as victims, can be resolved through customarymechanisms or deliberations. The scope of the Prosecutor's Guideline Number 1 of 2021Concerning Access to Justice for Women and Children in handling this case is thehandling of criminal cases involving women and children who come into contact with thelaw at the stages of investigation, investigation, pre-prosecution, prosecution,examination at trial courts and implementation of court decisions that has obtainedpermanent legal force. Then the obstacles faced by the Attorney General's Office inprotecting women and children victims of domestic violence, namely the facilities tosupport the implementation of Law Number 23 of 2004 concerning the Elimination ofDomestic Violence are inadequate, such as special closed counseling rooms, so that itwill make it comfortable for victims to tell stories .Keywords: Domestic Violence - Attorney.
MODEL PENYELESAIAN PELANGGARAN PENANGKAPAN IKAN MENURUT HUKUM ADAT MASYARAKAT MANTULIK HALIMAH NOVITA SARI; Erdianto Erdianto; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The culture of modern society is now intended by social deviations in thewater area, that is, people catch fish by bombing usin0scng dynamite, electrocution,and using cyanide chemicals used in the sea. Meanwhile, in the river, fish are caught bytuba / mutas fish and catching fish by electrocution. The above methods are contrary totraditional wisdom in managing, utilizing the environment. Today's society has amindset that only attaches importance to the current life. But it does not attachimportance to the future lives of posterity, so in taking advantage of this nature they arearbitrarily destructive. So that the original face of nature and culture loses itsidentity by human actions. Something similar happened in Mentulik Village,Kampar Kiri District, Kampar Regency. Where Mentulik Village is one of thevillages flowing by the left kampar river.The objectives in this thesis research are: First, How the settlement modelcarried out by indigenous peoples determines fishing violations, Second, What are theobstacles faced in carrying out fishing violations. This type of research is classifiedas a type of Sociological Juridical research. This research was conducted inMentulik Village, Kampar Hilir City District, Kampar Regency, while thepopulation and samples in this study were all parties related to the problem studied.The data sources used are primary data, secondary data and tertiary data. Datacollection techniques in this study are interviews, observations and literature studies.Based on the results of research, the resolution of fishing violations accordingto customary law of the mentulik community is more effective because the sanctionsgiven are adjusted to the socioeconomic conditions of the perpetrators and consideringthe problem of overcapacity that occurs in Indonesia. Customary law also emphasizesthe value of kinship where big problems are minimized and small problems areeliminated, customary law also ensures that problems that have been resolved in acustomary manner must be completely resolved and no longer in question in thefuture.Keywords: Settlement- Fishing- Sanctions- Customary Law.
PENGARUH JABATAN TERHADAP PERLAKUAN PENANGANAN KASUS PIDANA Dwi Anggun Pratiwi; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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A criminal act is an act that is prohibited by a rule of law, in which this prohibitionis accompanied by threats (sanctions) in the form of certain penalties for anyone whoviolates the prohibition. Criminal responsibility is a legal responsibility imposed onsomeone for mistakes or consequences of their actions. personally. Related to the subjectof crime needs to be explained, criminal responsibility is personal. That is, whoevercommits a crime, he must be held responsible, as long as in that person there is no basisfor abolishing the crime. The problem of law enforcement morality from time to time isstill a relevant issue to be discussed, because what is presented by the mass media isoften paradoxical.The type of research used in this research is normative legal research. In thisnormative study, law is conceptualized as what is written in statutory regulations or rulesor norms which are standards of human behavior that are considered appropriate. Incollecting this data using normative legal research techniques (legal research) usedmethods of literature review or documentary studies. Literature study is a data collectiontechnique by conducting a review study of books, literature, records and regarding casesthat occurred based on the problems above. Library materials can be either primary orsecondary materialsThe author concludes that the influence of position on the treatment of criminalcase handling is how the nature of law enforcement professionalism which in a generalsense means the ability and ability of a person to carry out a task because it is supportedby skills and expertise. Legal action against positions resulting in the handling ofcriminal cases in Indonesia is an abuse of authority and a violation of the code of ethicsof the legal profession, so that all legal professionals who are proven to have violated thecode of ethics of their profession can be followed up according to their profession. Inaddition, the author also provides suggestions, namely: There is a need for functionalcooperation between law enforcement agencies to conduct training for law enforcementofficials and whatever happens, the legal process remains in accordance with what hasbeen promulgated and in accordance with the procedures..Keywords: Accountability, Crime, Position.
ANALISIS YURIDIS TERHADAP PEMBERIAN HAK PISTOLE BAGI TERPIDANA BUKAN KURUNGAN DALAM LEMBAGA PEMASYARAKATAN DI INDONESIA Zainal Bahri; Erdianto Erdianto; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The law is expected to be able to protect the rights that should be given tocitizens who are carrying out the imprisonment criminal liability process. Thispunishment of imprisonment is also a form of crime of deprivation of liberty, butthis punishment of confinement is lighter in some respects than imprisonment.Similar to imprisonment, imprisonment is also a crime in the form of limiting thefreedom of movement of a convict which is carried out by closing that person in acorrectional institution. There are privileges for convicts who carry outimprisonment, convicts have gun rights, namely at their own expense they can seekconveniences for their lives while in correctional institutions, for example takingcare of food and or sleeping equipment through correctional officers In theCriminal Code (KUHP), the right to a gun is emphasized in Article 23 which reads:“A person in prison may improve his fate at his own expense.This research is included in the category of normative legalresearch/approach. Namely research that is focused on examining the applicationof the rules or norms in positive law. In collecting data for normative legalresearch, the library research method is used which includes studies by reviewing,analyzing and analyzing information obtained from various literature such asbooks, legislation, scientific papers, the internet and other sources, in terms of Inthis case, a researcher is required to be observant and precise in finding data thatis related to the subject matter.The author concludes that, the granting of Pistole rights or special rights isa right owned by a prison convict in the form of certain facilities; for example abed, or own food and medicine. Pistole rights are only owned by convicts in prison,while those who are sentenced to prison terms do not have that right. And 2.Regarding the obstacles faced in law enforcement granting gun rights to convictsin social confinement, namely: the human resource factor, the lack of facilitiesfactor and the community's legal awareness factor.Keyword : Provision, Gun right, Confinement.
PENGARUH VIRALNYA KEJAHATAN DI MEDIA SOSIAL TERHADAP PENEGAKAN HUKUM PIDANA DILIHAT DARI ASAS EQUALITY BEFORE THE LAW Muhammad Fikri; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Crimes that go viral on social media have an impact on law enforcement, many crimecases that go viral on social media are starting to be highlighted by law enforcement, the lackof response by law enforcement to viral cases makes the public angry so that the lack of a senseof justice that people feel causes hashtags to appear.#noviralnojustice, for example the victimof a robbery who is made a suspect for killing a robber, this is clearly not in accordance withArticle 49 Paragraph (1) Number 1 of 1946 of the Criminal Code, he should not be made asuspect for reasons of justification, the act of defense is forced for himself or others. Then thepolice who do not take reports seriously, this is not in accordance with the duties andauthorities of the police in Article 13 of Law Number 2 of 2002 concerning Main Duties of theIndonesian National Police. Therefore, the purpose of this thesis research is first, to determinethe influence of social media on law enforcement in Indonesia associated with the principleequality before the law. Second, to find out the law enforcement of the viral case seen from theside of justice.This type of research can be classified into the type of normative legal research. In thistype of legal research, law is often conceptualized as what is written in laws and regulationsor law is conceptualized as rules or norms which are benchmarks for human behavior that areconsidered appropriate. Therefore, the first data source is only secondary data, which consistsof primary legal materials, secondary legal materials, and tertiary data.From the results of this study, the first result was obtained, namely, the existence of socialmedia in the community greatly influences law enforcement, because law enforcement officials,both police investigators, public prosecutors, judges, in carrying out law enforcement havecaused uproar that is felt in society, especially the issue of justice, because in cases of robbery,the police do not see any justification in Article 49 Paragraph (1) of Law Number 1 of 1946which law enforcers are supposed to be fair in providing legal clarity to the public, just theopposite. With social media, the public can monitor the proper law enforcement process.Second, justice is an ideal value that humans always strive for, but in reality, achieving justiceas an ideal value is very complex and never complete, in a rule of law country like Indonesia,efforts to achieve justice are very important and should not be ignored. The influence of justiceon law enforcement has an important role. However, in reality, Indonesian people tend to usesocial media as a means to encourage faster and fairer law enforcement.Keywords: Crime, Social Media,Asas Equality Before The Law
EFEKTIVITAS KEBIJAKAN REHABILITASI TERHADAP ARTIS KORBAN PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Ahmad Zuhri; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Drugs are substances or drugs derived from plants or non-plants, bothsynthetic and semi-synthetic, which can cause a decrease or change inconsciousness, loss of feeling, reduce to disappearance of pain, and can causedependence which is differentiated into groups as attached in the this law. LawNo. 35 of 2009 also states that those who are obliged to carry out medicalrehabilitation and social rehabilitation are not only narcotics addicts. Crime is anact whose perpetrators can be subject to criminal penalties. Narcotics addicts andvictims of Narcotics abuse must undergo medical rehabilitation and socialrehabilitation. The duty of law is to protect the interests of society. Legalprotection is all efforts to fulfill rights and provide assistance to give witnessesand victims a sense of security, legal protection for victims of crime as part ofcommunity protection, can be realized in various forms, such as throughrestitution, compensation, medical services, and legal assistance. Criminal lawpolicy or "penal policy" is a science as well as an art which ultimately has apractical objective to enable positive legal regulations to be better formulated andto provide guidance not only to legislators, but also to the courts that implementlaws and also to the organizers or implementation of court decisions.This research is a normative research by taking an approach to legaltheory, namely the theory of legal protection and the theory of criminal lawpolicy. Using secondary data by collecting data from library research (libraryresearch).From the results of the study it can be seen that the effectiveness of therehabilitation policy for artists who are victims of narcotics abuse has not beenable to change the bad habits of the perpetrators. Therefore, it is necessary tochange the rules in accordance with the times. Which can protect humanresources for the continuity of the nation, state and religion.Keywords: Effectiveness -Criminal-Narcotics-Abuse-drugs
EFEKTIVITAS PELAKSANAAN DIVERSI TERHADAP ANAK BERHADAPAN DENGAN HUKUM DI KABUPATEN KUANTAN SINGINGI Lesti Hardianti; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Not all cases of delinquent children must be resolved through formal judicialchannels, objective and fair law is required to be able to offer alternative ideas that are morehumane and simply do not place penal means as the primum remedium. This conception givesbirth to novelty, and provides an alternative solution using a justice approach in the bestinterests of the child and taking into account justice for victims, known as an approach basedon the principles of restorative justice. This concept is believed to be able to fulfill proportionaljustice for both parties when in fact the child is the perpetrator. On the other hand, one of thereasons that other solutions and approaches are needed for children in conflict with the law isthat correctional institutions are full, therefore a diversion policy is needed to overcome this asan alternative idea. Understanding that keeping children away from the criminal justiceprocess is important because this is part of efforts to protect children's human rights as statedin the Convention on the Rights of the Child which provides opportunities for the diversionprocess carried out by the Police and Public Prosecutor as well as other officials who have theauthority to keep them away. children from the judicial process. However, the fact is thatdiversion does not always produce a deterrent effect for perpetrators, there are still childrenwho re-commit criminal acts after being given diversion.This research is sociological legal research. This is based on research whichemphasizes legal aspects (legislation) relating to the main issues to be discussed, linked toreality on the ground. This research uses primary data sources consisting of primary,secondary and tertiary legal materials.From the results of the research and discussions carried out, several conclusionswere obtained, namely: First, the implementation of diversion in Kuantan Singingi Regencywas not optimal and effective. Law enforcers who are not yet ready to carry out statutoryorders, the absence of guidance institutions such as Bapas and the absence of further guidancefor children after giving diversion. Second, the creation of ideal and maximum diversity andincluding restorative justice in it, can be achieved through various efforts. Such as providingoutreach, input and understanding to all parties (stakeholders) involved, forming Bapas orinstitutions that can carry out the roles and functions of Bapas to monitor the implementationof diversion which has not existed in Kuantan Singingi Regency, which is actually an orderfrom the law.Keywords: Children Facing the Law – Diversion – Crime
KEBIJAKAN HUKUM PIDANA TERHADAP KEJAHATAN PEMERASAN SEKSUAL ( SEKSTORSI ) DI INDONESIA Wulan Novita Sipayung; Erdianto Erdianto; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The crime of sexual extortion/sextortion is a form of online gender-based violence that is carried out by extorting the victim both materially and sexually by utilizing pornographic photos or videos belonging to the victim which are obtained either by hacking, or given directly by the victim on the basis of trust in a relationship. Therefore, the purpose of this thesis research is, firstly, the importance of legal arrangements for crimes of sexual extortion/sextortion in Indonesia. Second, how is the legal protection of women as victims of sexual extortion/sectoral crimes in Indonesia.This type of research uses normative legal research methods, namely research that uses laws and regulations as primary legal material. The data sources used are primary data, secondary data, tertiary data, the data collection technique in this study is normative juridical, the data used is library research.From the results of the research problem there are 2 main things that can be concluded. First, the regulations relating to the crime of sexual extortion/sextortion are currently not very clear and complete, so that the handling of sextortion cases is not yet able to provide appropriate legal protection for victims of sextortion. The two positive laws in Indonesia relating to sextortion crimes currently only regulate prohibitions and sanctions against the perpetrators, but there is no perspective on the victim. The author's suggestion is First, there is a need for a policy to reform the criminal law that regulates sexual extortion crimes. Second, there is a need for more complete and clear rules regarding sextortion crimes. Keywords: Sextortion, Protection, Victim
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