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Erdiansyah '
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PENEGAKAN HUKUM PELAKU TINDAK PIDANA PEREDARAN ROKOK TANPA PITA CUKAI BERDASARKAN UNDANGUNDANG NOMOR 39 TAHUN 2007 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 1995 TENTANG CUKAI DI WILAYAH HUKUM DIREKTORAT JENDERAL BEA DAN CUKAI KOTA PEKANBARU Nindy Axella; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Tobacco industries which originally tend to be home slowly developed intolarge industry. Numerous of tobacco industries from the middle to the low scalecaused disobedience, such as the companies did not pay tax label.To avoid disobedience caused by the companies, hence government in thiscase Directorate General and Custom, commit on surveillance and prevention ofthe outcome output violated with issuing various police.Criminal offence of cigarettes distribution without tax label which happnedin Pekanbaru handled by Pekanbaru’s tax and custom in 2012 seized 987.200illegal cigarettes packs without tax label from PT. SJA and in 2014 seized 100cartons with total 1.800 cigarettes packs, 1.084.000 sticks and all of that withouttax label, loaded onto trucks with BM 8807 SA license plate.Law enforcement of criminals distributing cigarettes without tax label basedon the constitution number 39 0f 2007 amendments to the law number 11 of 1995about the tax in jurisdiction Directorate General and Custom of Pekanbaru, hasnot been as effective as it should be due to the last 5 year, there are a lot of taketax label cigarettes in the market.Obstacles in the enforcement of criminal law distribution of cigarettes, andmost of the public do not even know the criminal act of ciggarettes distributionwithout tax label. And still lack of law enforcement of Tax and CustomPekanbaru.Effort to overcome this obstacles with the government lowered theadvolorum rates and increase and specific tax through minister finance ofregulation number 205/PMK.011/2014. And for the offenders given criminalssanction and financial sanction.Key word: Law offence-cigarettes without tax label
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH HUKUM KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN ERMA LENA; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Increasing cases of illegal logging, including illegal logging, illegal timber trafficking, encroachment and abuse of authority to permit the use of timber, on a small scale and large scale within an organization. Kampar Regency is one of the areas that have the potential of abundant natural resources, including forests. Basically most people Kampar work as farmers, but the high price of wood and huge market demand for timber, a lot of people who think that the timber business will provide greater profits than on the job as a farmer. so, many people involved in this illegal logging activities. The purpose of this study was to determine law enforcement to the crime of illegal logging In Kampar jurisdiction based on law no. 18 year 2013 concerning the prevention and eradication forest destruction. The results of this study are law enforcement to illegal logging activities in the jurisdiction in Kampar regency Based on Law No. 18 Year 2013 concerning the Prevention and Eradication forest destruction carried out by the police resorts Kampar, investigators civil servants of district forestry services Kampar and national army Indonesia, rangers , the state prosecutor Bangkinang. In enforcing the law, the protection of which is to do with the efforts Pre-emptive, repressive efforts, formed a special team to eradicate illegal logging, because of the high crime of illegal logging in Kampar district.Keywords: Law Enforcement - Illegal Logging
PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA JUDI TOGEL BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KEPOLISIAN RESORT KOTA PEKANBARU Hotman Maringin; Dodi Haryono; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Gambling is a form of the disease among the community and quite unsettling society, one form of gambling that are currently still thrives in the city of pekanbaru is crime gambling pools or sie jie, this gambling problem has long been that failed after. This society that the disease still thrives in the city of Pekanbaru, law enforcement officers have been trying to resort everything possible to eradicate the crime of gambling is but there are still selling these pools, let alone current with supported by an increasingly sophisticated technology where the coupon purchase pools or sie jie can use mobile or through short massage service (sms) so this is what makes the law enforcement apparatus Polresta city of Pekanbaru difficulty to catch bookies pools,in law enforcement against criminal acts of gambling pools there are barriers faced by investigator resort city of Pekanbaru lack of awareness of the law and the openness of society, so that they are only potentially dumb and silent,considered gambling it is something that is natural and only a small infraction, rapid science and technology also makes gambling is increasingly sophisticated, network of lotteries is closed, efforts are being made to overcome those barriers, law enforcement agencies have made efforts to prevention and mitigation, i.e. doing outreach to the community, law formed a special team to spy on a frequent place for pools (informants), patrol and surveillance on the community, doing research and investigation as well as an ambush against the practices of gambling pools.Keyword: law enforcement, community disease, gambling
PENEGAKAN HUKUM PENIPUAN DENGAN MODUS ONLINE SHOP MELALUI BLACKBERRY MESSENGER BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK OLEH PENYIDIK DITRESKRIMSUS KEPOLISIAN DAERAH SUMATERA UTARA Obby Michael Angelo; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Technology development is one of factor which might bring about crime and the crime itself has been appearing since the beginning of time, present or even in the future. This case influences kind of crime which is varies and the technology this time becomes backsword, because beside providing contribution in improving prosperity, advancing human civilization and being an effective means of deed againts the law as well. By having technology, it can ease a criminal does his crime. Technology development in telecommunication and information side particularly, which is sweeping the world today, it can’t be avoided. The research result brings three main ideas which can be concluded. First, the investigation towards Criminal Fraud via Blacberry Messenger in Kepolisian Ditreskrimsus Juridictions, North Sumatera regional hasn’t done complete yet, perfectly. This can be seen from the case which hasn’t be revealed yet. The second one was the problems faced during the investigation of Online Shop criminal fraud via Blackberry Messenger are inadequate number of personnel, falicilities and infrastructure, including the low participatoion of community. The thrid one was the effort were used to solve investigations’ problems of criminal fraud via Blackberry Messenger by trying to improve the number of personnel and increase insight and knowledge about material offense as well. The discipline and dedication in doing assignment, especially the investigation itself. Key Words: Law Enforcement - Online Shop Fraud - Blackberry Messenger
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU ASUSILA DALAM HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM RUSMADI AKBAR; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Based sources of law in Indonesia is that in confectionery cases of criminal offenses committed by children. Criminal policy as a form of public reaction to the problems of delinquency prevention is done by means of penal and non-penal. Prevention efforts with approaches that exist today does have a tendency to prefer the means of repressive approach as well as the imposition of criminal sanctions in the form of imprisonment is still very prominent, although its implications may adversely affect the future growth and development of a child's psychological and physical. The purpose of this thesis, namely: First, to know and understand the accountability of child offenders in the Criminal Code Positive sacrilegious and Islamic law. Second, to know and understand the application of the effort against child offenders wanton criminal responsibility in Indonesia for the future.This research is a normative legal research is a study that discusses the principle of exercising their punishment for children who do not criminal. The data source is the primary legal materials, secondary law, and tertiary legal materials. Data collection for normative legal research used literature study method or documentary studies. Is analyzed qualitatively analyzed the data by not using statistics or mathematics, or the like.From the results of this study, there are two main things that can be inferred First, Accountability child sacrilegious offenders in Criminal Law and Islamic Law Positive conducted various forms of punishment takzir described, then one punishment for perpetrators of sexual harassment can be applied. Takzir that sanctioned forms of punishment on perpetrators of sexual abuse must be in accordance with the form of sexual harassment, and the sentence is expected to give consciousness or lessons for the perpetrator so that he did not commit sexual harassment again. Second, implementation efforts against child offenders wanton criminal responsibility in Indonesia for the future can be sanctioned absolute very essential. Connection with the crime issue of decency, the addition to the sanctions also imposed fines or flogging were imposed actors or doers.Keywords: Accountability, Criminal, Child, Actor, immoral
PERANAN PENYIDIK KEPOLISIAN RESOR SIAK DALAM MENGUNGKAP TINDAK PIDANA MENGGUNAKAN SENJATA API Benni Pernando S; Syaifullah Yophi A; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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In the beginning the use of firearms is only allowed for certain apparatus with the provisions and controls are tight, especially in the field of defence and security. As the development era that has begun to lack of surveillance conducted by law enforcement officers in cracking down on rampant circulation up illegal firearms that have been circulating in the community, which resulted in the occurrence of the crime using firearms. Licensing the ownership of firearms have been regulated in such a way in terms of legislation. Based on the description that has been described above, the author argues for the analytically descriptive regarding the role of the investigating of the Siak Resort Police in exposing the crime using firearms.This legal research suggests the outline of three problems as follows: 1) how did the Siak Resort Police investigator's role in exposing the crime using firearms?, 2) what are the obstacles of the Siak Resort Police investigator in exposing the crime using firearms?, and 3) how the Siak Resort Police investigator attempt to overcome the obstacles in exposing the crime using firearms? This research use sociological, juridical methods which are: applying research approaches to the study of perception and behavior of legal persons (human and legal entity) and the community as well as the effectiveness of the enactment of positive law in the community, where the author direct research on the location or place that is examined in order to give a complete and clear picture of the problems in a thorough the Siak Resort Police investigator's role in uncovering the crime using firearms.Legal research is then analyzed the role of the Siak Resort Police investigator in exposing the crime using firearms where the leading sector on Reserse Criminal Unit (Satreskrim) at the Siak Resort Police (Polres Siak) and coordinate with other entities such as the Security Intelligence Unit (Satintelkam) and the active participation of all elements of society, the obstacles encountered is the number of elements in the community who still feel frightened to report any event or incident a criminal offence who uses a firearm, and concrete efforts made by Police investigators, among others in the form of the Siak Resort Police construction and/or socialization to all elements of society to improve environmental safety systems in order to cope with the increasing swakarsa crime using firearms.
Pertanggungjawaban Pidana Terhadap Tindak Pidana Perdagangan Organ Tubuh Manusia Untuk Kepentingan Transplantasi Organ Dalam Hukum Pidana Indonesia Romi Saputra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Trafficking of human organs is one of the most rapidly evolving crimes in Indonesia. This crime is for the purpose of organ transplant effort. Transplantation is a noble undertaking where a donor gives a part of his body or his organs to help patients who have malfunction of certain organs. In Indonesia the criminal act of trafficking human organs by regulation. While the criminal acts of trafficking of human organs are extraordinary crimes that should be regulated more specifically in legislation such as laws on the trade of human organs. Based on this understanding, the writer of this thesis formulates two formulation of the problem, namely: First, How to regulate the criminal trafficking of human organs according to Indonesian criminal law? Second, What is the criminal liability for the crime of trafficking of human organs in Indonesian criminal law? The regulation of the crime of trafficking of human organs based on positive law in Indonesia. Sanctions against criminals shall be subject to special sanctions that may be deterrent such as imprisonment or fines. Based on this, Indonesia should make further rules on the criminal act of trafficking human organs into a form of legislation such as laws on the trading of human organs and penalties by imposing appropriate sanctions on such crimes.Based on this, Indonesia should make further rules on the criminal act of trafficking human organs into a form of legislation such as laws on the trading of human organs and penalties by imposing appropriate sanctions on such crimes.Keywords : Transplantation, Crime, Trafficking of Human Body Organs
PENANGANAN KHUSUS TERHADAP NARAPIDANA PENDERITA HIV/AIDS BERDASARKAN PERATURAN PEMERINTAH NOMOR 32 TAHUN 1999 TENTANGSYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU Yogi Ramadhan Dwiputra; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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The condition of prisons in Indonesia are less clean and inadequate to accommodate the number of inmates is very possible the transmission of HIV / AIDS. Which exceeds the capacity of the holding cell can unwittingly transmit HIV / AIDS to the prisoners therein which occurs when blood or sexual contact. Is not new news that in detention cells often occur sex sexual intercourse (sodomy) so in order inmates with HIV / AIDS do not feel discriminated against then those with HIV / AIDS should get proper treatment. Based on Government Regulation No. 32 of 1999 on the terms and procedures for the implementation of the rights of inmates Correctional particular Article 16 (3) mentioned when the results of medical examination of prisoners found infectious diseases or dangerous, then the patient is treated specifically.As for the purpose of writing this essay, namely: First, how special handling of prisoners suffering from HIV / AIDS in Penitentiary Class II A Pekanbaru. Second, obstacles in the process of special handling of prisoners living with HIV / AIDS in Penitentiary Class II A Pekanbaru. Third, the efforts of correctional officers in giving special treatment to inmates suffering from HIV / AIDS in Penitentiary Class II A Pekanbaru.The conclusion that can be derived from this research is the First, implementation of the guidance and treatment for those with HIV / AIDS in Penitentiary Class II A Pekanbaru already well underway, although there are still some obstacles that hinder the implementation of coaching and penanganan.Kedua, Barriers in coaching and handling of prisoners with HIV / AIDS in Lemabaga Penitentiary Class II A Pekanbaru a capacity Penitentiary Class II A Pekanbaru very less in accommodating inmates, Cost to perform medical treatment are minimal, medical personnel is still lacking, especially to handle the problem of HIV / AIDS, medical facilities and infrastructure that is still far from standard. Third, efforts to overcome barriers to the development and treatment of those with HIV / AIDS in correctional Lemabaga Class II A Pekanbaru is as regular coaching berikutMelakukan provide education to prisoners and the prevention of transmission of HIV / AIDS to 12 inmates with HIV / AIDS.Keywords: Handling - Inmates - People with HIV / AIDS SPECIAL HANDLING
PENYIDIKAN TERHADAP PENYEDIA JASA PROSTITUSI MELALUI MEDIA INTERNET DI WILAYAH HUKUM POLISI DAERAH METRO JAYA Putri Widjayanti; Mexasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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During the last five years range (2009-2014) there were four cases of prostitution services provider via the Internet which handled by the Polda metro jaya. In 2009 the AT suspect who manages the website with the domain name www.wanita18theclub.com. In December 2010, the Jakarta Police succeed to capture VL and WD that manages facebook account (kine kekasih gelapku) and www.bluefame.com website. In 2012 succeed to catch RW carriers website, NA-pimp and HD-field operations that manage the website with the domain name www.krucil.net, www.bintangmawar.net, www.semprot.net. They (RW carriers website, NA-pimp and HD-field operations). In March 2014, SL SY and the US suspect was captured by managing facebook account Andi Hotel Room.Investigation on prostitution services provider via the Internet is done by cyber part of polda metro jaya's TNCC unit is to track the whereabouts of offenders by tracing the Internet Protocol address ("IP Address") actors based logs IP addresses stored in the server manager web site / homepage used as a means of suspect in prostitution online.Barriers that hold Polda metro jaya in the investigation process is increasingly difficult to conduct criminal investigations against prostitution, and it is difficult to find the real identity of the suspects because all of the suspects using electronic devices also a web site / homepage admin is outside the region Indonesian jurisdiction (such as facebook, google, twitter, yahoo, etc.). Efforts are being made for overcome factors of barriers is to enforce and implement laws and regulations that apply properly and optimally, improve the means and facilities to make it easier for law enforcement in combating prostitution service provider via the Internet, and increase public awareness in law enforcement and applying eastern culture in life.Keywords : investigation-provider-prostitution-via internet.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA EKSPLOITASI SEKSUAL ANAK DI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Mardiansyah Saputra; Emilda Firdaus; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Kids are creatures of God Almighty and social beings. Since the child in the womb has a right to life and independence as well as better protection of parents, family, community, nation and state. It is quite alarming trend is the proliferation of sexual crimes not only affects women, but also affects children under the age. These girls as objects commodity (trading) or depraved gratification (animalistic) of a person and a particular group of sexual conduct business in order to gain economic double. These girls as objects commodity (trading) or depraved gratification (animalistic) of a person and a particular group of sexual conduct business in order to gain economic double.This research is a sociological research that want to see the unity between law and society with the gap between fennel and das sein sollen. This research was conducted in the jurisdiction of Police Resort Kota Pekanbaru, while the sample population is a whole party related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this research through interviews and review of the literature.From the results of research can be concluded, first, law enforcement, preventive (prevention) and repression (repression). Second, barriers faced by internal factors are the obstacles include factors of quantity and quality of personnel and funds are limited to the operational process of investigation and investigations. While his external factors, among others, under the age-old victim is usually difficult to communicate in terms of providing information on the actions to happen to him, usually a mentally retarded child that it is difficult in terms of member information, as well as the perpetrators fled (DPO). The lack of public participation would be legal awareness. Third, efforts to overcome the barriers that fix the internal deficiencies is to improve the quantity and quality of personnel Pekanbaru City Police Resort and act effectively and efficiently manage available funds. The inadequacies of the external of children who have suffered the sexual exploitation was accompanied by a child psychologist from the Riau Police, children who have mental retardation accompanied by a teacher Special School for police in taking account of the victim, the perpetrator fled or escaped, police Resort Pekanbaru city in this case to provide information or share data information kepolsek offender, police station, as well as improving legal awareness and legal complianceKeywords: Law Enforcement - Crime - Sexual Exploitation of Children
Co-Authors ADE MARIA ENGELINA Adelia Yunita Agung Setio Apriyanto Ahmad Hadi Ikhrom Alfikri ' Andi Arfan Andi Wijaya Anggi Fridayani Putri Aulia Rahmi Benni Pernando S Boy Mono Indra Brando Pardede Denu Pahlawardi Desi Anggraeni ' Dessy Artina Dicky Wirian Lafari Dodi Haryono Dyane ' Edwin Capri Purba Emilda Firdaus Erdianto ' Erdianto Efendi Erdianto Effendi Erich Sucipto Sinaga ERMA LENA Ester Ailen Sirait Fajar Yuda Utomo Fani Indriani Fauzi Rizky Fauziah Aznur Firdaus ' Firman Tambunan Flora Veronika Frontya Moren Westy Goklan Tamba HANDY SANNY Hotma Marajohan P Hotman Maringin IDAWATI ' Iis Fatmala Sari IKA FELASTRI INDAH RAHMASARI Intan Purnama Sari Irna Dianis Purba Lylis Suryani br. Sinaga M. AKBAR SATYA F M. Fadhli Ariwibowo Mardiansyah Saputra Maria Maya Lestari MEILIDAR ZEBUA Mexasai Indra Mexsasai Indra Muhammad Fadil Abdillah Mukhlis R Mukhlis Ridwan ' Nadya Lestari Tua Manullang Nadya Syafira Nindy Axella Nofri Yansyah Nuri Indriyanti Nurviyani ' Obby Michael Angelo Pitri Aisyah Putri Widjayanti R. Dyah Siti Safira RANA SAPUTRA Rani Juwita Rendy Rio Pratama Rian Kurniawan Rica Regina Novianty Rika Lestari Risgaluh Maulidya Rita Wati ROBERTO SIANTURI Roka Rindo Romi Saputra RUSMADI AKBAR Samuel Sandi Giardo Purba Sarah Dian Marsa Sepria Amnur Sri Intan Wulandari SRI RAHAYU Sulastri ' Suprayogi ' Supriyono Ginting SYAFRINA MAISUSRI Syaifullah Yophi Syaifullah Yophi Adriyanto Syaifullah Yophie Tomi Jefisa Tri Apri Yanto Tri Nanda Putri Tri Novita Sari Manihuruk Tri Ramadhanti Tri Wulandari Adhyaksa Venny Humairah Vicky Khoila Winarto Virsa Ferasar Wedy Freddy Santoso Wendy Efradot Wicky Leonardy Wildan Syafitri Willa Maysela F Wulan Ratna Sari Yogi Ramadhan Dwiputra Zaili Rusli