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Erdiansyah '
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TINJAUAN TINDAK PIDANA KEKERASAN PISIKIS DALAM RUMAH TANGGA M. AKBAR SATYA F; Rika Lestari; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Addressing the family of each person will attempt to resolve it in accordance degan capabilities available to it, in which the family is the smallest social unit in society whose members are bound by a marital relationship (husband and wife) and the relationship of blood (biological children) or also stepchild or foster child (adoption). In Article 4 of Law Number 23 Year 2004 on the Elimination of Domestic Violence states that every person shall be prohibited from domestic violence teradap person within the scope of his household, by the way: Physical violence, psychological violence, sexual based violence, abandonment household. psychological violence is very difficult to prove, see kekersan psychic is an act of verbal abuse, which resulted in a decreased self-confidence, increase the fear, the loss of the ability to act and not berdaya.Kekerasan psychic can often result if the wife though increasingly dependent on her husband have made him sufferSecond, to know how to determine the occurrence of indicators of psychological violence in the household, third, to determine the steps in applying criminal offense psychic in the household.This type of research can be classified types of normative legal research, this study is descriptive, ie a study that describes in a clear and detailed review of the criminal acts of psychological violence in the home, the source of the data used secondary data consisting of primary legal materials, secondary law and tertiary legal materials, data collection techniques in this study with the literature study methods or documentary studies, after the data is collected and analyzed for the conclusions drawn.From the research and pembahansan can be concluded that, first, the cause of psychological violence in the household rumag is not just a matter of differences in gender, education level, economic, ethnic, age, and culture. But there is a more fundamental psychological violence in the household is a household member's personality be it husband, wife, son, and a maid who worked in the household environment, Second, how to determine the occurrence of indicators of psychological violence in the household that is loss of contact with reality such as schizophrenia and other psychotic or form, or which can be called depressive depressive indicators contained in the pocket book PPDGJ - III. Third, law enforcement crime of psychological violence in the home is to strengthen the law enforcement agencies in accordance with Law No. 23 of 2004Keywords: Criminal Offenses – Psychic – Domestic Violence
TINJAUAN YURIDIS TERHADAP PEMBERIAN GRASI BAGI TERPIDANA NARKOTIKA DI INDONESIA ( Study Kasus Schapelle Leigh Corby ) Desi Anggraeni '; Mukhlis Ridwan '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRACTGranting clemency 5 (five years) agains tAustralian citizen Schapelle Leigh Corby by Presidentcaused controversyfromvarious parties. Althoughthe granting of pardonis aprerogative of the presidentin accordancewithArticle14 paragraph(1) of Actof 1945andLaw No.5 of 2010concerning Amendmentto Law Number22Year 2002 onclemency, clemencybutare considered lessappropriate becausenarcoticscrimeisaseriouscrimeandIndonesia isa party tothe Conventionof the United Nationsandhas ratified the conventionthroughLaw No.7of 1997is nowset inAct No.35 of 2009 onnarcotics.The purposeofthis study, to knowthe procedureforgrantingclemencyCorbyconvictedof narcoticsandtoknow the basicconsideration ofthe President ingranting pardonstoconvicteddrugCorby.The research wasdone byusing anormativeapproach, namely the principles of law, the typeof datain this researchis to useprimary legal materialsof the Constitution ofthe Republic of IndonesiaYear 1945, andthe Act, secondarylegalmaterials(books relating toresultsresearchthat isgrantingpardons toconvictednarcoticsandthe datafromthe internet) andtertiarylegal materials(Dictionary of Indonesian Language), data collection techniquesin this studywith thestudy ofLibrarianshipanddata analysisusing thedeductivemethodisa way ofdrawing conclusionsfromthe propositionthatgeneralto thespecific.From the research problem , there are two main things that can be inferred . First , the procedure and the process of granting pardons given to court decisions that have permanent legal difficult decision and was taken after long consideration , and a sense of humanity and justice Consider , for Corby often have sickly . Suggestions author , First , the good Supreme Court imposes limits to the President to use his power . Second , the President may grant clemency to provide basic reason juridical considerations clearly , firmly and accountable as well as taking into consideration the relevant agencies .Keywords: Judicial Review-GrantingClemency-ConvictedNarcotics
TINJUAN YURIDIS PENGATURAN ABORSI BERDASARKAN UNDANG-UANDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Edwin Capri Purba; Erdianto Effendi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Abortion is a social phenomenon that has existed since then and until now this issue is still being debated that seriusyang where abortion is divided into two, namely, abortion caused by humans (abortion provokatus) and natural abortion (abortion spontanitus). While abrtus provokatus also into two, namely: abortions performed for medical reasons and abortions without a medical reason, which in its development can be categorized denagn abortion legal action with no indication of a crime.the government of the Republic of Indonesia to make a rule about abortion, which is where it is listed in the Code of Penal (Penal Code) listed in Section 283.299 346 s / d of Article 350 , in Law No. 39 of 1999 about Human Rights (HAM), which are listed in Article 50 and Article 53, but in Law No. 36 of 2009 on Health which is the replacement for the previous Health Act that where abortion is specifically regulated in article 75 s / d of Article 77. in the Indonesian Government Regulation No. 61 Year 2014 on Reproductive Health in which Borsi arrangements set out in Article 31, s / d of ArticleIn the expansion of legalized abortion can be divided into two, namely abortion on the grounds of medical emergency and the reasons rape victims abortion, but the applicability is only acceptable while on the grounds of rape victims experienced the pros and cons, even this can not be accepted by the physician in the IDI refused this is because it is contrary to the oath of a doctor, but it is also the clergy was also rejected on the grounds of man is God's creation and the right to determine the life and death of God's own just as well. In addition, the implementation of an abortion performed by a female rape victim can also rejection by sosialog and social circles by reason of Indonesian society still upholds the eastern culture, but although the application of these abortions were denied it can tetp dilakakukan because laws and regulations still allow it listed dala PP No. 61/2014 Article 35.Thus abortion already has rules contained in the positive law of the Republic of Indonesia and of explanations pengaturanya legal abortion only with alasal medical emergencies as well as by reason of a female rape victim. And the application of either abortion about medical emergency reasons or for reasons of rape who have their pros and cons can still be applied and it has no special settings.
KEKUATAN ALAT BUKTI PRINT OUT SHORT MESSAGE SERVICE DALAM PROSES PEMBUKTIAN BERDASARKAN UNDANG- UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Sulastri '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The message of short service (SMS) as of documents in electronic trading losses resulting in the very complicated, because inaccessible displayed, guaranteed whole, and could be accounted for a situation that explains.This clearly different from evidence in the conventional shaped writing. The law is the kind of research normative juridical law that are prescriptive, using methodology or study documentary literature.From the research, obtained the result of recognition legislation to short message as a means of legal evidence legitimate .Things are arranged in the provisions of a statute number 11 year 2008 about information and electronic transaction said that information electronic and / or document electronic is a legal evidence legitimate .Short message has qualified as of information and electronic documents as regulated by law so the is considered as a means of legal evidence legitimate. A The message of short service (SMS) as a means of evidence regarded as the expansion of a tool evidence which is valid based on law the event indonesiaWhile relations electronic transaction with life global is to create trade cross-border because conducted electronically through technology information and be instruments effective in global trade.Input from the study are government should put special regulations governing electronic transaction through short message service and admitted The message of short service (SMS) as a means of legal evidence legitimate that stands alone, not the expansion of a tool other evidence.Keywords : Strength of Evidence Print - Out Short Message Service
ANALISIS HUKUM PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA Ahmad Hadi Ikhrom; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Normatively, minor theft under Article 364 Book of the Criminal Justice Act, has become a key element of assessment standards to be qualified to the crime, ie, if the price of the goods stolen is not more than two hundred and fifty dollars. However, sociologically, the application of the article applied to the perpetrators of the theft to the value of the stolen goods prices more than two hundred and fifty dollars to be based on Supreme Court Regulation No. 2 of 2012.The purpose of writing this thesis, namely: First, to know the concept of minor criminal offenses before and after the Supreme Court Regulation No. 2 of 2012. Secondly, to determine the legal issues after the enactment of the Supreme Court Regulation No. 2 of 2012.From the research, it can be concluded two main things. First, the concept of minor criminal offenses before and after the Supreme Court Regulation No. 2 of 2012 has differences and similarities within the scope of substantive criminal law and criminal law formal. Equations within the scope of substantive criminal law is related to the threat of imprisonment to perpetrators and absence of protection to victims of crime a misdemeanor. While the equations within the scope of formal criminal law is procedural law is the law used by the event quick check shows. Differences in the scope of the substantive criminal law is not entirely change the provisions regarding misdemeanor. While the differences in the scope of the formal criminal law is subject to arrest offenders if the value of the goods or money is the object of the case more than Rp. 250, -. After the enactment of the Supreme Court, offenders subject to arrest if the value of the goods or money is the object of the case more than Rp. 2.500.000, -. Second, the legal issues after the enactment of the Supreme Court is still a violation of human rights because of the persistence of the detention of minor criminals, without exception to the prosecutor's indictment then the case will still be processed, checked by regular inspection and the case is not considered as a follow-criminal misdemeanor, and lack of socialization to the public prosecutor so as not to indict the Supreme Court according to Regulation (wrong in making the accusation).Keywords: Supreme Court Rules-Theft Light
PENERAPAN PEMBELIAN TERSELUBUNG DALAM PENYELIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH KEPOLISIAN RESOR SIAK ADE MARIA ENGELINA; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Undercover Buy is one of the authorities granted by the Narcotics Act to investigators of narcotics crime. The purpose of this thesis, namely; first, the application of covert purchases in the investigation of criminal acts of narcotics abuse by the Siak Resort police, secondly, obstacles in the application of covert purchases in criminal investigations into narcotics abuse by the Siak Resort police; narcotics abuse by the police of Siak Resort. The type of research used in this study is sociological legal research. Sociological legal research is carried out by making legal identification and how the effectiveness of the law applies in society. While the nature of this research is descriptive which aims to provide a detailed and clear description of the implementation of narcotics investigations using covert purchasing techniques. From the results of the research and discussion it can be concluded that first: The application of covert purchases in the investigation of criminal acts of narcotics abuse by the Siak Resort Police, is not carried out in an open manner so it is prone to mistakes made by officers, such as officers not reporting the results of investigations due to circumstances that are not possible; second, the obstacles encountered in the application of covert purchases, namely the lack of members of investigators, facilities and infrastructure, lack of budgets, field situations and people who are afraid to share information; namely proposing additional personnel to the leadership, proposing additional funds for the next year, applying for operational procurement, and using other parties to be able to deal with target. The author's advice, first: the application of covert purchasing techniques in investigating narcotics abuse must be more specifically supervised; second, the police must also provide protection for the people who have provided information on criminal acts of narcotics abuse; third, the government also pays more attention to facilities and infrastructure for the duties and functions of the police, especially in conducting investigations into criminal acts of narcotics abuse by the police of Siak Resort.
EFEKTIFITAS TUGAS TIM PENGAMAT PEMASYARAKATAN DALAM MENCAPAI TUJUAN SISTEM PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN KLAS II A PEKANBARU BERDASARKAN UNDANG - UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ROBERTO SIANTURI; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Society system that is founded by Saharjo said that purposes of prision criminal is in additional to losing freedom move, to educate prisioner to be repent, to educaye being good member of society. To achieve the goal of this society system is formed by society observer team who has the duty as to give suggestion about shape and coaching and guidance programme in doing society system, to make assesment on implementation of coachong and guidance programme and receive complaint and denunciation from citizens coaching people. In fact, in society organization class II A, Pekanbaru, the duty can not be yet served well and it can be known the benefit by citizens coaching people. The purposes of process of writing thesis is to know. First, how effectiveness the duty of society observer team in achieving purpose of society. Second, what are obstacles that is faced by society observer team in achieving the purpose of society system. Third, the effort that is done to overcome the obstacles that are faced by society observer tean in achieving the purpose of society systemThis research used kind of research Yuridis sosiologis that is seen by correlation between law and society. This research is done in society organization class II A pekanbaru, meanwhile population and sample is all of sides that relate with the problem that is researched. In this research, the source of data is used primer data, sekundar data and tertier data, technique for collecting the data in this research are interview, literature, and questionerBased on the result, there are three main things that can be concludedFirst, the implementation of duty of society observer team do not already work effectively. It is because the existence of society observer team that is less known by not only citizens coaching people but also wide society. So, in operating the duty, society observer team do not yet work maximal in achieving the purpose of society system. Second, the obstacles in implementing the duty of society observer team are qualitu and quantity of member of society observer team who is not enough, tool and infrastructure, and awareness of that prisioner.Third, the effort in overcoming the obstacles of implementation the duty of society system team is to carry on so that quality and quantity of member of society observer team in order to be able to answer defiances and problems that is appear, to being maximal using of routine calculation Lapas/ Rutan/ Cabrutan in m.a 250 to help the prisoner has low economy with coaching and guidance of citizens coaching people to follow rules and order of society system.Keywords: Effectiveness - Correctional - Society System
PERANAN BHAYANGKARA PEMBINA KEAMANAN DAN KETERTIBAN MASYARAKAT DALAM PENANGGULANGAN TINDAK PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Tri Nanda Putri; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Patrons bhayangkara Public Order and Safety hereinafter referred Bhabinkamtibmas is the police that one of its functions in terms of tackling crime. Based on the Police Regulation No. 3 of 2015 On Community Policing stated Bhabinkamtibmas is Bearer of Community Police in the Village / Sub. Marakya crime that occurred in the city of Pekanbaru like curanmor, nozzle, curas, persecution and more inseparable from the role Bhabinkamtibmas. Bhabinkamtibmas not optimal role in the prevention of criminal acts in the resort town Police Jurisdiction Pekanbaru mnyebabkan security and public order did not materialize. Therefore needed by Bhabinkamtibmas optimal role in the prevention of crime.The purpose of this thesis, namely: First, To know Bhabinkamtibmas Role in the prevention of criminal offenses in the jurisdiction of Police Pekanbaru. Secondly, To know Bhabinkamtibmas obstacle in the fight against criminal offenses in the jurisdiction of Police Pekanbaru. Third, to determine the constraints Bhabinkamtibmas efforts in the fight against criminal offenses in the jurisdiction of Police Pekanbaru.This type of research can be classified in this type of sociological research. The research location is Pekanbaru City Police. Source data used are primary data and secondary data. Data collection techniques are interviews, questionnaires and review of the literature using the deductive method of drawing conclusions from things that are common to the things that are special. From the research, there are three main things that can be inferred, first, Role Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of City Police Pekanbaru still not optimal demonstrated high crime rate that occurs, the task has not been thoroughly Bhabinkamtibmas reach people in villages. Second, Constraints Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of Police City of Pekanbaru, including personnel Bhabinkamtibmas limited, lack of infrastructure and facilities in the form of vehicles, Home Office is inadequate, the lack of technology (computer, machine print, Hanp Phone Office), lack of budget Bhabinkamtibmas operations, lack of ability Bhabinkamtibmas and not walk FKPM optimally. Third, efforts to Overcome Obstacles Bhabinkamtibmas in the fight against criminal offenses in the jurisdiction of Police Pekanbaru City include increasing the number of personnel Bhabinkamtibmas, additional infrastructure and facilities in the form of vehicles, Home Office adequate, technology (computer, machine print, Mobile Office), the addition of the operating budget Bhabinkamtibmas, increased ability Bhabinkamtibmas and coordination through FKPM optimally.Keywords: Role - Bhabinkamtibmas - Prevention - Criminal
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 undertakingwhere a donor gives a part of his body or his organs to help patients who have malfunction ofcertain organs. In Indonesia the criminal act of trafficking human organs by regulation.While the criminal acts of trafficking of human organs are extraordinary crimes thatshould 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 Indonesiancriminal law? Second, What is the criminal liability for the crime of trafficking of human organsin Indonesian criminal law?The regulation of the crime of trafficking of human organs based on positive law inIndonesia. Sanctions against criminals shall be subject to special sanctions that may bedeterrent such as imprisonment or fines.Based on this, Indonesia should make further rules on the criminal act of traffickinghuman organs into a form of legislation such as laws on the trading of human organs andpenalties by imposing appropriate sanctions on such crimes.Based on this, Indonesia shouldmake further rules on the criminal act of trafficking human organs into a form of legislation suchas laws on the trading of human organs and penalties by imposing appropriate sanctions onsuch crimes.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN PAKAIAN BEKAS OLEH PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI KABUPATEN INDRAGIRI HILIR Nurviyani '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Smuggling in essence can be interpreted as an act of importing, exporting, transfer between island do not care the laws and regulations that apply , or do not comply with customs formalities are required by law, used clothing imports have been banned from entering Indonesia since 1982 by the Ministry of trade and Cooperatives No. 28 / Kp / I / 82 determined that the former is used clothing items can not be imported or entered into Indonesia. Civil Servant Investigators (investigators) Customs and Excise given sufficient authority to investigate both criminal offenses and customs offenses, including the crime of smuggling. But in the case of smuggling of used clothing no instance that enter into the process of investigation, while sales of used clothing is increasing. As for the objectives of this thesis, namely: First, law enforcement is carried out by investigators of Customs and Excise against the smuggling of used clothing, Second, do not factor investigation, Third, Law Enforcement investigators who carried out are in accordance with the legislation.The conclusion of this study is the first acts undertaken by Customs and Excise investigators to eradicate smuggling used clothing in the form of law enforcement, preventive and repressive. Namely preventive law enforcement surveillance and patrols, namely repressive law enforcement to arrest and seizure. Both of cause is not an investigation into alleged criminal acts of smuggling of used clothing is the evidence that had been destroyed prior to the investigation. Third, law enforcement against the smuggling of used clothing by investigators not in accordance with the rules and regulations perudang for goods from the arrests have been destroyed before the investigation.Suggestions author of the issues examined are first, Customs and Excise Tembilahan an understanding of the community to the impact of second-hand clothes, Second Investigation on smuggling of used clothing should be appropriate to follow the legal process in accordance with the criminal justice system in Indonesia, the Third Law Enforcement by investigators Bea and Excise against the smuggling of used clothing in Indragiri Hilir must be made reference to the provisions of Customs law applicable.Keywords: Law Enforcement -- The Crime Of Smuggling – Use Clothing
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