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Erdiansyah '
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PENERAPAN SANKSI TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI PEKANBARU RANA SAPUTRA; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The National Law Agency states that in the UK there has been a long history, the king has a prerogrative right to act as a parat paatariae is to protect the people who need help including children who need help, while children who commit crimes are not punished but must be protected and given assistance . Child protection came into existence by the early establishment of the Juvenile Court of 1889 at Minos Ilinois United States. Child protection is implemented in a rational, responsible and beneficial way of representing an effective and efficient business. Child protection efforts can not lead to the death of initiatives, creativity, and other things that lead to dependence on others and uncontrollable behavior, so children do not have the ability and willingness to exercise their rights and carry out their obligations. If they mature their physical and mental and social growth then their words will replace the previous generation. In Law Number 35 Year 2009 regarding Narcotics, there is no specific explanation in the criminal lawsuit against the offenders of Narcotics. Only arrangements about mandatory reporting for parents or carers from Narcotics addicts who are not old enough and the addict themselves to the public health center, the hospital, and / or medical and social rehabilitation institutions. Based on this understanding, this writing sums up three problems, Firstly, the implementation of criminal sanctions against children of narcotics offenders in Pekanbaru State Second Court, Second, Judgment in which the judge uses in determining criminal sanctions against children of narcotics offenders in the District Court of Pekanabaru the verdict has been in accordance with the Laws and Regulations.This type of research can be classified in Normative research type, because the research method used is Normative research method, that is method which researcher to discuss about legal principles, legal system, legal synchronization level, legal history and legal protection.From the research results of the problem there are three main things that can be concluded, First Implementation of criminal sanctions against the perpetrators of narcotics abuse in the area of Pekanbaru District Court should be adjusted to the applicable legislation and basically aims to provide psychological effects or deterrent to the narcotics users that the user No longer use narcotics after completing the sentence handed down by the judge. The second consideration of the judge in the application of criminal sanctions against the child of the perpetrators of narcotics crime in the Pekanbaru District Court is that the child who performs the delinquency of the handling and the settlement should be wisely and as far as possible from the intervention of the judicial system without neglecting law enforcement and justice in order to ensure that The settlement is done solely for the welfare of the child concerned and the public interest of the child who performs the delinquency and the perpetrator of the crime or the victim of narcotics addiction to the children who will be sentenced to their criminal must also be given treatment and care Author's suggestion Implementation of criminal sanctions against the child The perpetrators of Narcotics crime in the Pekanbaru District Court The application of criminal sanctions against narcotics abusers is basically aimed at giving psychological effect or deterrent to the narcotics user so that the user no longer use The narcotics after completing the sentence imposed by the judge.Keywords: Implementation Of Sanction - Child Crime - Narcotics
PENYIDIKAN TINDAK PIDANA KARTU KREDIT OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Wedy Freddy Santoso; Firdaus '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Crime in human life is a social phenomenon that will always be faced by every human being, society, and even countries. The fact has proved that crime can only preventable and mitigated but difficult to eradicated completely. This research can be classified in this type of sociological juridical research. This research was conducted at the Police Ditreskrimsus of Riau area, while the population and sample is a whole part with regard to the issues examined in this study, the data source used, primary data, secondary data, and the tertiary data, data collection techniques in this research is by the interviews , and literature study. Analysis of the data used is qualitative data and techniques by means of deductive inference.From the results of the research obtained can be concluded. First, in handling criminal case of credit card the Riau Police conduct inquiry and investigation, make coordination with various parties, reviewing and evaluate the progress of crimes using computers and make the prediction of developments that will happen. Second, the constraints faced is the limited number of personnel, facilities and infrastructure in the inquiry and investigation, the cooperation between law enforcement agencies is still to be casuistry, and the public was slow to report the incident to the authorities so that it can complicate the process of evidence. Third, the efforts of the regional police of Riau is the effort Preventive do the counseling and introduce to the publics some of the operation modus of the perpetrators of the Crime of Credit Card, Repressive efforts implemented through the actions expressly and in accordance with the legislation in force against the perpetrators of crimeKeywords: Law Enforcement-Crime-Credit Cards
PERTANGGUNGJAWABAN PIDANA KASUS PENYEBARAN BERITA BOHONG LEWAT JEJARING MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK MEILIDAR ZEBUA; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The development of information technology influences on the developed of the new modern crime that is hoax. Netizen feels freedom to their personal accounts. The sanctions is required forprovide shock therapy. Beside that, needless to undermine the spirit of freedom of expression in a democratic system. The purpose of this thesis, namely; First, criminal liability for cases of distributing hoax through social media networks. Second, the ideal effort to solve the case of distributing hoax through social media networks.This research is a normative juridical research. This research uses the literature study and data analyst as the main focus. This research describing deduction clearly and detail about a problem.The conclusion is, First, the criminal liability of cases of distributing hoax through social media networks must comply with all elements of crime listed in Article 28 paragraph (1). But, criminal liability does not materialize because the victims are passive and ignore their hoax case. Second, the ideal effort to solve this problem can be realized by involving the role of the Government and wide society. Include the social media network. Author's suggestion, First, there should be a separation of criminal sanctions between the maker and distributor of hoax because almost netizen quickly to choose share features if they find new information. Need to be add an explanation of Article 28 paragraph (1) regarding the loss of consumer considering the victims of the distributing hoax not only suffered material losses but most also non-material. Criminal liability will be effective if the victim also actively reported their cases of hoax. Second, the Government should thinking about the long term impact of facebook existence which has a negative impact on society. The main point is, literacy education to the community is the most basic thing. Every level of society must know how to use social media to appropriate.Keywords: Criminal Responsibility - Hoax - Social Media
TINJAUAN YURIDIS TERHADAP PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA KORUPSI Andi Wijaya; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Demand accountability for the corporate corruption in Indonesia still agree and who disagree. Groups for the corporation considers it is time to be held accountable in criminal acts of corruption and to counter the group considers asking corporate responsibility in the crime of corruption is something that is contradictory because the corporation does not have mensrea like humans. Regardless of the debate agree and do not agree that, of several criminal offenses outside the Penal Code including Law No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption is not very effective in practice settings.The purpose of this study, to determine the setting of corporate responsibility in the crime of corruption is based on Law No.31 by 1999 in junto the Law No.20 by 2001 on Eradication of Corruption and to determine the cause of corporate criminal liability is difficult to apply under the Law No.31 by 1999 junto Law 20 by 2001 on the Eradication of Corruption.The setting corporate criminal liability in corruption in Article 20 paragraph (1) pursuant to Act No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption has not effectively implemented, the problems that corporate responsibility can not be applied in a criminal act corruption as contained in Law No. 31 by 1999 in junto the Law No. 20 by 2001 on Eradication of Corruption because first, the debate on the principle of non potest, second, delinguere university, the contents of the provision sof Article 20 paragraph (1), paragraph (3) and paragraph (4) of Law No.31 by 1999 Junto Law No. 20 by 2001 on Eradication of Corruption is difficult to be fulfilled due to circumstances and the conditions contained in the law corruption is very difficult to materialize. First, advice, Revision Act No. 31 of 1999 Jo Law Number 20 Year 2001 on Eradication of Corruption second, the application of criminal punishment in thecorporatecorruptionwas time considered humanist values and well-being as a form of existence and efficiency of a law.
KEKUATAN YURIDIS FAKTA PERSIDANGAN DALAMPENGAMBILAN PUTUSAN OLEH HAKIM (STUDI KASUS PERKARA PIDANA NOMOR 1532/PID.B/2009/PN.JKT.SEL ATAS NAMATERDAKWAANTASARI AZHAR) Denu Pahlawardi; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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The factthe trialisthe factthatemerges fromthe evidence andthe evidenceshownat trial. Considerationdroppingadecisionmust bebased onthe factthatthe trialis constructedintoaseries offact that there wasacriminal offense. Legally, the factsarebasicconsiderationsforthe trialjudgein making the decision. theSouthJakarta District Courton behalf ofdefendantNo.1532/Pid.B/2009/PN.Jkt.SelAzhar, thatthe judgesdo notemploy the use ofthe factsthatemergedfromthe trialevidenceandlegalevidenceandfiledin the trialas the basisconsiderationbydeciding the case.Key words: Kekuatan Yuridis –FaktaPersidangan – Putusan Hakim
PERANAN UNIT IDENTIFIKASI DIREKTORAT RESERSE KRIMINAL UMUM POLISI DAERAH RIAU DALAM MENGUNGKAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA MENGGUNAKAN METODE DACTILOSCOPY Willa Maysela F; Mukhlis R; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Developments in science and technology can give birth to a crime that varied both in quality and quantity in this particular crime of premeditated murder, as one of the functions of the technical assistance in disclosing the perpetrators of murder scientifically Identification Unit still not up or in other words not managed to uncover the perpetrators of these crimes by using the method Dactiloscopy (fingerprint identification).
TINJAUAN YURIDIS PENERAPAN DEPONERING SEBAGAI ALASAN PELAKSANAAN ASAS OPORTUNITAS OLEH JAKSA AGUNG REPUBLIK INDONESIA INTAN PURNAMA SARI; Dessy Artina; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Opportunity principle is a prosecution discretion owned by the Attorney General's Office which in this case only exists with the Attorney General through Law No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, clearly authorizing the Attorney General to override cases in the public interest or what is called deponering. The Criminal Procedure Code also recognizes the existence of the principle of opportunity contained in the explanation of Article 77 of the Criminal Procedure Code. The purpose of writing this thesis is: First, to find out the application of deponering by the Attorney General of the Republic of Indonesia in the Criminal Procedure Code. Second, to find out the application of deponering as a reason for implementing the principle of opportunity by the Attorney General of the Republic of Indonesia. Third, to find out the ideal concept of deponering arrangements in the upcoming Criminal Procedure Law.This type of research can be classified in the type of normative legal research, because in this study the authors conducted research by examining library materials. The data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, because the authors conduct research on the principles of law by utilizing descriptive methods to provide an overview of the application of case adjudication in the public interest (deponering) based on principle of opportunity.From the results of the study it can be concluded, First, the application of deponering by the Attorney General of the Republic of Indonesia is regulated in the explanation of Article 77 KUHAP. Secondly, the application of deponering as the reason for the implementation of the principle of opportunity by the Attorney General of the Republic of Indonesia is based on 3 (three) reasons, namely: Cases are set aside due to policy reasons; the criminal act was light, the perpetrator was old, the damage had been repaired and the loss had been replaced, the case was ruled out for technical reasons (insufficient evidence, past time, etc.) and the case was ruled out through a merger, which was to combine the case of the suspect with another case that had been brought to court . Third, the ideal concept of regulating deponering implementation in the upcoming procedural law is regulated in Article 42 Paragraph (2) of the KUHAP Bill. The author's suggestion, first, is more clarified in the technical stages of deponering, because the regulation on this matter is still unclear. Secondly, it is necessary to create guidelines that provide any criteria that are included in the public interest category. Third, it must have clear boundaries and parameters, namely the extent to which deponering meets the requirements in the public interest.Keywords: Deponering - Principle of Opportunity - For the Public Interest
PERAN PENYIDIK RESERSE KRIMINAL UNIT II (DUA) POLISI RESOR PELALAWAN DALAM PENANGANAN TINDAK PIDANA PERUSAKAN HUTAN DI WILAYAH HUKUM POLRES PELALAWAN SRI RAHAYU; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pelalawan which is one of the districts in the province of Riau . This district suffered very severe damage to forests , this is caused by the illegal logging and burning of land carried out by the responsible party. actions taken by police investigating criminal detectives Pelalawan resort is to take some action. District detectives investigate criminal conduct investigations for violations of illegal logging and the inspection is to catch and hold the perpetrators of crimes against forest destruction , investigators also seized evidence that is used to destroy forests conducted by parties who are not responsible , but the implementation of the role of police investigators kiriminal resorts Palalawan have not done as we expected because there are still many obstacles faced by investigators in handling the destruction of forest.Cnstraints experienced by the investigator in the prevention of deforestation in Pelalawan district is limited means and facilities to prevent the destruction of forests , such as operational vehicles , investigators were lacking , and the funds are limited and difficult to find evidence and perpetrators of the forest . Eforts made to overcome the obstacles existing by adding facilities and infrastructures , adding police investigation , proposed budget for the cost of the process of investigation and repression of acts of criminal damage to forests , while also coordinating with related agencies such as the local community as well as investigators more , and to supervise and patrols in areas prone to illegal logging .Keywords : Investigation - Crime - Forest Destruction
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (Studi Putusan Perkara Nomor: 4/Pid.Sus-Anak/2017/PN Pbr) Dyane '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Provision of criminal sanctions against children as perpetrators of criminal acts of theft with violence and denial which have complied with the provisions of Article 365 paragraph (2) to the 2nd Criminal Code (Penal Code) with imprisonment for 1 (one) year and 6 (six ) month for perpetrators who are aged 14 years is considered not appropriate when viewed from the concept of punishment of children. A special imprisonment has a negative impact on the child's development. Sanctionsweet against misbehaved children (juvenile delinquency) may be given action in the provision of Article 82 paragraph (1) of Law Number 11 Year 2012 on Child Criminal Justice System. type of normative juridical research, whose purpose with normative juridical research is a study that discusses legal principles, legal system, law-law level, legal history, and comparative law. Judging from the nature of the research used Descriptive, The purpose of this study is to provide a systematic description of the level of self-law in the criminal responsibility of children as perpetrators of theft with violence. Sources of data used, primary data and secondary data and tertiary data, data data techniques in this study with literature review. From the results of this study the authors can be concluded. First, the responsibility of the child in committing a crime is a responsible and ready child to be investigated, prosecuted and tried in court. It's just that there are provisions where a child is not the same as the parents. Secondly, the judge in making a legitimate child criminal verdict is sufficient only to base on what has been written and regulated in the Act. And in juridical considerations in the case of children, there is clearly a difference regarding the provisions of material offenses and the provisions of the formal offense. Keywords: Judge's Verdict - Criminal - Child Account
PENEGAKAN HUKUM TINDAK PIDANA PENADAHAN KENDARAAN BERMOTOR HASIL PENCURIAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR KUBU Nuri Indriyanti; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The criminal act of tribunal shall constitute the act of evil relief or conspiracy as the act is regulated in article 480 of the Criminal Code. The problems that arise in the community, especially in Kubu sub-district of Rokan Hilir Regency are the people of Kubu Sub-district consider that the crime is not a crime but an ordinary thing, it happens because of the lack of awareness and legal compliance of the community, so the action tends to be ignored.The purpose of this thesis writing is: firstly to know the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the police sector of the camp, secondly to know what are the obstacles in law enforcement criminal act of stolen motor vehicle stolen in jurisdiction of police sector, and third to determine the right effort to overcome obstacles of criminal law enforcement of motor vehicle stolen results in the jurisdiction of the police sector of the faction. This type of research can be classified in the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under investigation.From the results of research problems there are three main things that can be concluded. First, the enforcement of criminal law on theft of motorized vehicles in the jurisdiction of the Police of the Kubu Sector is conducted based on reports or complaints of the community as victims. Secondly, the obstacles to enforcement of criminal acts of motor vehicle suspension in the jurisdiction of the Police in the Kubu Sector are the social condition of the community, the development of the regional mode by making a considerable distance, the low awareness of community law, the lack of socialization with the community, and the lack of supervision by the enforcement officers law. Third, the efforts made to overcome obstacles in the law enforcement of criminal acts of motor vehicle stolen from theft in the jurisdiction of the Police of Kubu Sector is by reducing the number of motor vehicle theft, while the effort to enforce its law is by socializing or counseling the law and increasing supervision and cooperation between the Police of the Regional Sector on the stolen vehicle rearrangement of theft.Keywords: Law Enforcement - Crime - Penalahan
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