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PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN SENJATA API YANG DILAKUKAN OLEH ANGGOTA POLISI DI RESERSE KRIMINAL UMUMKEPOLISIAN DAERAH RIAU IRE SAPUTRA; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The investigation is a series of actions by investigators in demanding themethod set out in this law to find and collect evidence that occurred and to findthe suspect. Investigation of the police officers who are guilty is still carried outby the police themselves, even though they are subject to civil law. This raisesconcerns that the police will act arbitrarily in conducting investigations, notbased on applicable law, where police agencies try to protect their members sothat in conducting investigations no longer in accordance with applicableprocedures. So that members of the police who have been proven to havecommitted crimes can be free just because they are not dealt with properly.In the case of the police there is still reluctance to investigate eachother, and this does not rule out the possibility of collusion in the process ofinvestigating cases that cause the investigation to end with the conclusion that thepolice officers or members were not proven guilty. In the case of conducting aninvestigation into the crime of misuse of firearms carried out by members of thepolice at the General Criminal Investigation of Riau Regional Police, it has notbeen carried out properly. Investigation of the police officers who are guilty isstill carried out by the police themselves, even though they are subject to civil law.This raises concerns that the police will act arbitrarily in conductinginvestigations, not based on applicable law, where police agencies try to protecttheir members so that in conducting investigations no longer in accordance withapplicable procedures. So that members of the police who have been proven tohave committed crimes can be free just because they are not dealt with properly.The police should carry out professional investigations and inaccordance with the rules that apply and openly, do not try to hide the crime oftheir fellow members. The police in carrying out the process of carrying out theinvestigation should not view the subject who is committing a crime, even thoughthe subject is a police officer who has been a colleague in the police who canbecome an obstacle in carrying out the investigation. In the future, theinvestigation must be carried out by an independent institution that has strongauthority and position so that the investigation of criminal cases, especiallycriminal acts of misuse of firearms, is no longer covered up.

Analisis Hukum Kedudukan Keterangan Saksi Anak Terhadap Pembuktian Dalam Penyelesaian Perkara Pidana Di Persidangan Adella Fajria; Erdianto '; Ferawati '
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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In the trial, there is some flow or process to be undertaken by one was the stage of proof, the proof holds determines to declare one's mistake so it can be a criminal sentenced by the judge. Think the children who became a witness in proving criminal acts cannot provide information under oath, while the CODE of CRIMINAL PROCEDURE requires that any witnesses for sworn in, it would certainly be a matter for the judge's ruling against a drop in criminal cases, especially against criminal cases in which the child becomes the only witness who hear, see and experience itself a criminal offence. As for the writing of theses goals, namely: first, an analysis of the legal position of the child witnesses against proofs in the settlement of criminal cases in court. Second, the basic consideration of judges in meting out the verdict against criminal cases related to the description given by children in court.This type of research can be classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research, in this study, the data source used, the primary data, secondary data and data tertier a data-collecting technique in this study with the method of the study of librarianship or documentary studies.From the results of this research can be concluded first, the information of the child cannot be given under oath, is not a legitimate instrument of evidence, but can be used as additional evidence of clue other lawful, for having a rapprochement with valid evidence, the child's information can be the Foundation to strengthen the belief of the judge. Second, information from child witnesses without oath used as instructions based on the rapprochement with other evidence into consideration judges in meting out criminal happens the difference interpretation among the judges in determining the strength of the pembuktiannya to determine the person found guilty or not guilty, judges generally freed terdakwanya with the assessment that the minors who provide information without being sworn in could not be assessed and considered as valid evidence.The author's suggestion, first, a Judge is expected to prosecute criminal cases, especially in the examination and assessment of witnesses against minors should be wise and discerning in looking for material truth of a criminal matter for the sake of a verdict based on real justice. Both need the internal regulation governing judiciary explicitly how should judges consider the child witnesses, as well as through a Supreme Court decision in favor of increasing the power of proof of child witnesses in order that its goals are achieved, namely justice, legal certainty and benefit.Keywords : Law Analysis – Position – Proof – Child Witness

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN IZIN TINGGAL OLEH WARGA NEGARA ASING BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI KANTOR KEIMIGRASIAN KELAS I PEKANBARU Jusuf Fransen Saragih; Mexsasai Indra; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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As contained in Article 1 number 21 of Law Number 6 Year 2011 on Immigration, Tingga Permit is a permit granted to foreigners by an immigration official or an official of a foreign office to reside in the territory of Indonesia. It permits the stay by foreigners is a provision which is prohibited by law no mor 6 of 2011 on immigration governed by Article 122 which reads, shall be punished with imprisonment for a period of 5 (five) years and a maximum fine of Rp500. 000.000,00 (five hundred million rupiah): a. Any foreigner who deliberately misuses or performs activities that are inconsistent with the intent and purpose of granting a residence permit granted to him; b. Any person who orders or gives opportunity to a foreigner misuses or undertakes activities that are inconsistent with the intent or purpose of granting the residence permit granted to him or her.The type of research or approach done by the author is juridical sosilogical legal research. This research was conducted at the Office of Immigration Class I Pekanbaru. This location was chosen because the criminal case of immigration permit misuse was done by foreigners in Pekanbaru area. In this study the authors menggunakas data sources that can be grouped as beriku: Primary data, ie data obtained directly in the location of research. Secondary data, that is data obtained indirectly through a library (library research).From the research problems that dihad fire by the Immigration Office Class I Pekanbaru, namely: First, the law enforcement carried out by the criminal act of abuse of immigration to the residence permit by foreigners. Second, obstacles or experienced pengahambat factor k piha weld Immigration All I Pekanbaru in conducting law enforcement abuse of a residence permit is the lack of immigration officials is not comparable to the work area. Third, efforts made piha k Immigration Class I Pekanbaru in overcoming one of them is proposing the addition of an immigration office in each district in order to facilitate monitoring of the presence of strangers.Keywords: Law Enforcement-Crime-Abuse-stay permit

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERJUDIAN PACU ANJING BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KOTA PAYAKUMBUH Peni Indriati; Erdianto '; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Gamble or gambling or gambling game according to the Big Indonesia Dictionary is a game with spending money as a bet. Then gambling is risking an amount of money or possessions in the game of puzzle based on coincidence, with the goal of getting a sum of money or property that is greater than the amount of money or possessions. Gambling appears due to the unstable society both in terms of religion, moral economy as well as the state of the law. Gambling is one of the diseases of society already deeply ingrained and hard enough to be eliminated despite the threat of sanctions and penalties for this act are cleary regulated in the legislation. The purpose of writing this thesis is, First,to know the rule of law against the crime of gambling legal telic dog runway at Payakumbuh. Second, to find out the cause factor dog runway tradition of switching functions became a criminal offence in the community town of Payakumbuh. Third, to find out the problems encountered in enforcing the law against the crime of gambling laws in the area dog runway at payakumbuh.From the result of the research there where three basic issues that can be inferred. First, the enforcement of the law against the crime of gambling is already carried out in accordance with the applicable legislation, but there are still some issues that cause law enforcement against criminal acts of gambling has not been fullets and optima. Second, the existence of some of the facrors which led to a tradition transformed into criminal acts,especially the factors that came from himself of the humans. Third, the existence of several problems that hinder and must be solved by law enforcement agencies in the enforcement of the law against the crime of gambling.Keyword: Law Enforcement-Gambling-Crime

PENERAPAN SANKSI HUKUM TERHADAP PELAKU PENJUAL MAKANAN YANG MENGANDUNG BAHAN BERBAHAYA OLEH BALAI BESAR PENGAWAS OBAT DAN MAKANAN BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2012 TENTANG PANGAN DI PEKANBARU JERNI TARIDA SILITONGA; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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the purpose of this research is to find out what is behind the sale of selling foods containing hazardous materials, how is the legal arrangement regarding the sale of food containing hazardous materials by the Center for Food and Drug Supervisor based on Food Law in Pekanbaru, and how the application of criminal sanctions against food vendors who compare the hazardous substances by the Center for Food and Drug Supervisors under the Food Law.by using sociological law research methods, it can be concluded: 1. underlying the sale of foods containing hazardous materials is basically done in order to minimize product expenditure and generate the highest profits, without having to pay attention to public health, such as formaldehyde commonly used to preserve corpses, may be misused by traffickers, which is added to the food for its long-lasting product. At least, if the goods are not sold today, the formalized chicken or tofu is resold the next day and still looks fresh. 2. Legal arrangements for food sales agents containing hazardous substances in accordance with the laws and regulations applicable in the field of food, health, and consumer protection basically regulate the protection of the public in order to consume food in circulation to be assured of its safety, in accordance with standard and / or health requirements.food that does not meet the standards, health requirements, and / or endanger health is prohibited to be circulated, withdrawn from circulation revoked permit and seized for destruction in accordance with the provisions of legislation. 3. the application of criminal sanctions against food sellers containing hazardous materials may be subject to criminal sanctions, criminal penalties, and additional criminal charges in accordance with the offenses committed and can be proven through court hearings. through the application of criminal sanctions it is expected that the purpose of food security can be achieved in order to provide legal protection for the community.

PENYIDIKAN TERHADAP TINDAK PIDANA PELANGGARAN WARNET YANG TIDAK MEMILIKI IZINPERATURAN DAERAH KOTA PEKANBARU NOMOR 6 TAHUN 2015 TENTANG PENATAAN DAN PENGELOLAAN PENYELENGGARAAN MENARA TELEKOMUNIKASI . Vaternus Irwanto Gultom; Mexsasai Indra; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The development of Computer Technology, telecommunication, andinformation has been running in such a way that at this time has been very muchdifferent from previous years. The increasing growth of business activities in thetelecommunication sector makes the government need to do structuring andcontrolling for the realization of postal and telecommunication services thatquality, efficient and positive impact for the community. Based on Article 1 point44 of Pekanbaru City Regulation No. 6 of 2015 on the Management andArrangement of the Telecommunication Tower Operation. Based on theobservations, the authors found several cafes that do not have permission. Basedon the above background, the authors are interested to examine this issue with thetitle "Investigation Against Criminal Violation of Regional Regulation PekanbaruCity No. 6 of 2015 About Structuring and Management of TelecommunicationTower Operation in terms of cafe who do not have permission."The problem of this research are: First, how is the implementation ofcriminal investigation on internet cafe business which is not licensed based on theRegional Regulation of Pekanbaru Number 6 Year 2015 on Setup andManagement of Telecommunication Tower Operation in Pekanbaru City? Second,how is the criminal liability for internet cafe that does not have permission basedon Pekanbaru Regulation No. 6 of 2015 on Setup and Management ofTelecommunication Tower Operation? Thirdly, what are the obstacles of criminalinvestigation to internet cafe business which is not licensed based on PekanbaruRegulation No. 6 of 2015 on Management and Arrangement ofTelecommunication Tower Operation?This type of research is empirical research, another term used issociological legal research also called field research. This sociological lawresearch is based on primary data. Primary data / basic data is data that can bedirectly from the community as the first source through through field research.Based on the results of the study authors concluded that the implementationof the criminal provisions are still not well implemented, criminal accountabilitywas not there. Only limited warning and closure only to restaurants that do nothave a business license.

TINJAUAN YURIDIS TERHADAP PENGGUNAAN PLAT NOMOR KENDARAAN BERMOTOR YANG DIMODIFIKASI DI INDONESIA Ridhotul Hairi; Dessy Artina; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The modification process indeed produces its own satisfaction for the owner, but it is very unfortunate because the results of these modifications often do not pay attention to legal norms and rules so that these modifications result in violating existing laws. An example is the use of modified motor vehicle license plates. In Indonesia the crime of violating the modification of motor vehicle license plates has not been clearly regulated in the laws and regulations. But it is only regulated, namely for every person who is not fitted with a license plate or motorized vehicle number that is official or determined by the police regulated in Article 280 of Law Number 22 Year 2009 concerning Road Traffic and Transportation.The research method in this study. First, the type of research is normative law and descriptive analysis. Second, data sources are supported by primary data sources, secondary data, and tertiary data. Third, the data collection technique used is literature review. After the collected data is then analyzed qualitatively and draw conclusions with deductive thinking method that is analyzing the problem from a general form to a special form.From the results of the problem research, there are two main things that can be concluded, First, the regulation of sanctions on the use of modified motor vehicle license plates based on Indonesian positive law refers to criminal penalties. Law Number 22 Year 2009 concerning Road Traffic and Transportation. Second, the imposition of sanctions is ideal to be applied to motorists who use modified motor vehicle license plates in Indonesia. The imposition of sanctions on violators of criminal offenses must be given special sanctions that can make deterrent such as imprisonment sanctions or fines.Based on this, Indonesia should make further rules regarding criminal offenses to modify motorized vehicle number plates into a form of legislation such as laws on traffic and road transport and weighting penalties by giving appropriate sanctions to the offenses.

PENERAPAN SANKSI PIDANA TERHADAP USAHA RUMAH MAKAN YANG TIDAK MEMILIKI IZIN BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 10 TAHUN 2000 TENTANG USAHA RUMAH MAKAN (STUDI KASUS KOTA PEKANBARU) Supriyatmo '; Dessy Artina; Ferawati '
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 conception of a State of law adopted by the State of Indonesia implies a written regulation in which the administration is based on the constitutional rule of the 1945 Constitution of the State of the Republic of Indonesia. In Local Regulation No. 10/2000 it is clearly regulated on business licenses and the extension of restaurant permits. Based on the findings that have been obtained by the authors in this study are still many restaurants in the jurisdiction of Pekanbaru city who run his restaurant business without permission and / or permit that has expired. Regional Regulation Number 10 Year 2000 concerning Restaurant Business, business license and extension of restaurant business permit have contained criminal sanction against restaurant without legal permit contained in Article 19 that can be threatened Penitentiary for 6 months or maximum penalty of five Million rupiah. In the area of Pekanbaru City itself there are many restaurants that do not have a valid permit, but still run their restaurant business activities. Based on the above chronology, according to the authors it is important to raise the research with the title of research "Application of Criminal Sanctions Against Unlicensed Restaurant Business Based on Local Regulation of Pekanbaru City Number 10 Year. This type of research is empirical research, another term used is sociological legal research also called field research. This sociological law research is based on primary data. Primary data / basic data is data that can be directly from the community as the first source through through field research. Based on the results of the study authors concluded that the implementation of the criminal provisions are still not well implemented, criminal accountability was not there. Only limited warning and closure only to restaurants that do not have a business license. Keywords: Restaurant, Business License, Criminal, Law Enforcement.

PERANAN PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI DALAM MENANGANI KASUS PENYELUNDUPAN BAWANG MERAH BERDASARKAN UNDANG UNDANG NOMOR 17 TAHUN 2006 TENTANG KEPABEANAN Rahmat Satriawan; Evi Deliana; Ferawati '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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As a developing country and island countries such as Indonesia sometimes experience a disruption and obstacles to the smoothness of state revenues, due to the occurrence of a smuggling crime. It is this form of evil that impedes the course of economic development, because a lot of state money is not picked up by the crime of smuggling. In addition smuggling crime is a latent danger that threatens the country's economy as well as the survival of a country. As for the purpose of writing this thesis, namely; Firstly, to know the role of Civil Servant Investigator of Customs and Excise in handling smuggling case of onion based on Law number 17 of 2006 concerning Customs in Dumai City Law Area, Second, to know what obstacles are found by Customs Civil Servant Excise in handling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that want to see the correlation between law and society, so as to reveal the effectiveness of law enforcement in society. The research was conducted at Dumai City Customs and Excise Inspection and Service Office, while the population and sample were the whole parties concerned with the problems studied in this study, the data source used, the primary data and the secondary data, the data collection technique in this study by interview And literature study.From the results of research problems there are three main things that need attention. First is expected to Civil Servant Investigators in realizing their role as law enforcement officers are expected to always be consistent in handling smuggling of shallots in terms of Preventive and Repressive. In the role of the Preventive role, it is more routine to conduct counseling to the community and more regularly patrols less smuggling activities such as in ports prone to access smuggling. Secondly, it is expected to Civil Servant Investigator of Customs and Excise of Dumai City in realizing its role especially in the section of investigation in carrying out its duties and obligations to always professional despite the constraints in performing the question as investigator, but it is also expected to improve its performance so that smuggling action can be minimizedKeywords: Role - Customs – Smuggling

Peranan Kepolisian Dalam Menanggulangi Pungutan Liar Terhadap Sopir Truk Pengolah Kelapa Sawit Oleh Warga Masyarakat Di Wilayah Hukum Kepolisian Resor Kuantan Singingi Epri Naldi Lendri; Mexsasai Indra; Ferawati '
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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Illegal charges are acts committed by someone or more by requesting payment of an unsuitable amount of money or not under the rules relating to the payment. Factors that influence the occurrence of illegal charges are: abuse of authority of position or power, mental character or behavior, cultural or organizational culture, limited human resources, and weakness of control system and supervision. Illegal levies need to be prevented and eradicated because of the impact that has caused public comfort and peace to be disturbed. Police especially the Kuantan Singingi Police Force as state apparatus that carries out the functions of law enforcement, security, and public, order and protection, security and public servant, must perform all these functions in order to provide a sense of security and comfort to the people, especially Kuantan Singingi people.This type of research can be classified in the type of sociological legal research, the approach by looking in terms of reality the occurred in the field and provide acomplete and clear picture of the problem under study. The research was conducted in the jurisdiction of the Kuantan Singingi Police Resort. While the population and sample are all parties used, primary data, secondary data, consisting of primary, secondary, and tertiary legal materials, data colection techniques in this study with observation, questionnaire, interview, and literature review.From the results of research problems there are two main things that can be concluded. First, in tackling the practice of illegal levies, especially on the highway Police Resort Kuantan Singingi have made various efforts or have taken legal action in which the role of Police as follows patrolling the region, forming saber pungli team, giving severe punishment to perpetrators/illegal fees, and socialize to the community about illegal levies and punisment. Second, the factors that hampered the police force of the Kuantan Singingi Resort in tackling the illegal levies on truck drivers of palm oil trucking by the community are: lack of human resources, lack of legal institusions, limited Police facilities and infrstructure, and lack of public awareness of the law itself the author’s suggestion, first: in tackling the practice of this illegal levy the Police should better maximize existing efforts and coordinate white each other. Secondly: it is expected that the police add operational funds and the number of personel, increase sozialization to the community, then add equip facilities and infrastructure.Keywords: Role – Police – Tackle – Illegal charges

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