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PELAKSANAAN PENEGAKAN HUKUM TINDAK PIDANA JUDI TOGEL BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR KAMPAR Hamdan '; Syaifullah Yophi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Kampar adistrictin the city dubbed the porch mecca, butthe nicknameis juststay porch mecca name alone, whichhas beendam agedbythe community withactionsor adverseactions that are contrary tolawand religious norms. one of the formsof these adverseperbutanisgambling, various forms ofgambling, (kiw-kiw, song, cockfighting, toggle etc.), writing this essay, namely; First Kampar Knowin gand understanding the implementation of law enforcemen tagainst criminal acts gambling toggle based onthe Code of Criminal Policein thearea of Kampar Both Knowin gandunder standing the factor sinhibiting the implementation of law enforcementagainstcriminal actsgambling togglebased onCode ofCriminal Lawin Police Kampar region. Third, Knowingandunder standing theef fortto overcomethe obstaclesin the implementation oflaw enforcemen tagainst criminal acts gambling toggle based onthe Code of Criminal Policein thearea of Kampar. This type of researchis classified intotypes ofsociologicalresearch, ieresearch on theeffectiveness of the lawin force, the nature ofthisresearchisdescriptive research thatdescribesystematicallythe facts andcharacteristics ofthe object under study appropriately.From the research, there arethree main problem sthatcan beinferred. First, law enforcemen tagainst criminal acts gambling lottery jurisdiction sKampar Policeconductedlaw enforcemen tpreventiveand repressive law enforcement. Secondly, Constraints facedin theenforcement ofcriminal lawgambling toggle. AdviceAuthor, First, Kampar Police Shouldbeworking hardagainin oreradicatethe crime of lottery gamblingin the communityso thatthe community teci safe, peaceful, serene andrealization backporch meccadistrict. second, Kampar Police shouldbecloser tothe peopleso thatthe information submittedwell receivedthatcan be interconnected witheach other informed. Thirdly, For the people ofKampar Regencyin order notto cover upanylotterygamblingactionoccurs, ifthe gambling actstill continuesto eimmediately reportedto the police, the crime of gambling togglethatcan beeradicatedthroughthe roots.

TINDAK PIDANA PENCURIAN YANG DILAKUKAN PADA SAAT BENCANA ALAM DITINJAU DARI SUDUT KRIMINOLOGI (STUDI KASUS DI POLISI SEKTOR RUMBAI) Virsa Ferasar; Syaifullah Yophi; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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From the results of research and discussion, it can be concluded that the First, the factors that caused the criminal act at the time of natural disasters in the jurisdiction of the Police Sector Tassel is because of the intention of the perpetrators of the crime of theft , home because of the opportunities left by the owner to evacuate and need urgent with the slow pace of assistance from the government the pretext that got refuge , Second , efforts are being made to prevent the occurrence of the crime of theft during a natural disaster is to do preventive measures , curative as well as to provide guidance to the public. While the authors suggested, the first in tackling and minimizing the crime of theft committed during natural disasters must involve all stakeholders, ranging from government, police agencies even relevant in meeting the needs of security and comfort for refugees in the camps. Second, Related to the efforts made in order to prevent the crime of theft at the time of natural disasters should be done in a sustainable and continuous, it aims to create and provide education to the community on the importance of adhering to the norms and obey the law in order to prevent the occurrence of a crime, particularly the crime of theft at the time of natural disasters.Keywords : Crime - Theft - When Natural Disasters – Criminology

KEKUATAN KETERANGAN SAKSI ANAK DALAM PENEGAKAN HUKUM PADA KASUS TINDAK PIDANA ASUSILA TANPA DIDUKUNG ALAT BUKTI LAINNYA Putri Sasbita Aqila; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The evidentiary stage is one of the aspects of the trial, especially in the aspectof evidence that plays a role in proving a person's guilt so that he can besentenced by a judge. In this case, many children are victims as well as witnessesin cases of immoral crimes by giving testimony under oath, this is not inaccordance with the Criminal Procedure Code which requires every witness to besworn in, but over time the issuance of the latest regulations, namely the Law onSexual Violence, this is certainly a problem for judges where children are the onlywitnesses who hear, see, and experience an immoral crime themselves.The objectives of writing this thesis are: first, whether the child's testimonycan be taken into consideration by the judge in making a decision on an indecentcrime case. Second, What is the strength of child witness testimony in court,without the support of other evidence in several cases.This type of research can be classified as normative juridical research,because in this research the author uses literature study materials such as officialdocuments, books to conduct research in this study, data sources used, primarydata, secondary data and tertiary data, collection techniques in this research withliterature review methods or documentary studies.From the results of this study it can be concluded First, the testimony of childwitnesses who cannot be given under oath, is not valid evidence, but can be usedas a clue and can prove that the defendant is guilty if accompanied by 1 (one)other valid evidence and the judge gains confidence in the case this is stated inarticle 25 paragraph 1 of the TPKS Law. Second, the testimony of child witnesseswithout oath that is used as a clue is based on the correspondence with otherevidence that is considered by the judge in imposing sexual crimes on children.The author's suggestions, First, it is hoped that judges who try criminal cases,especially in examining and evaluating the testimony of minor witnesses, must bewise and wise. Second, there needs to be an internal judicial regulation thatdedicates the judge's belief in the consideration of child witness testimony byfollowing the latest regulations and closing the gap so that cases of immoralviolence decrease significantly with a deterrent effect for the defendants. Eitherthrough the decision of the Supreme Court in order to increase the evidentiarypower of child witness testimony in order to achieve the legal objectives of justice,certainty and expediency.Keywords: Strength of Proof - Indecent Crimes - Child Witnesses

PENEGAKAN HUKUM PIDANA TERHADAP PENCURIAN KELAPA SAWIT DI WILAYAH HUKUM POLRES KABUPATEN INDRAGIRI HULU Aldean Dipa Damanik; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The crime of theft is regulated in CHAPTER XXII of the Criminal Code (KUHP). Theperpetrators of theft are charged under Article 364 of the Criminal Code as a misdemeanourwith a maximum imprisonment of 3 months or a maximum fine of two million and five hundredthousand rupiahs. Firmer law enforcement against perpetrators of criminal acts of stealingand or harvesting plantation products is regulated in Law no. 39 of 2014 concerningplantations.The type of legal research used by the author is sociological legal research. Thissociological research is a type of research in terms of legal objectives.From the results of the study, it was found that law enforcement against the crime of palmoil theft in the Inhu Resort Police area has not run optimally because several efforts made bythe Inhu Resort Police such as preventive and repressive efforts have not been able to runoptimally. In addition, there is still recognition of a peaceful settlement in which the peacefulsettlement carried out by the local community has not been able to create a deterrent effect forthe perpetrators because there are no strict sanctions for the perpetrators. the obstacles facedby law enforcers are divided into 2 factors, namely internal factors and external factors. Theseobstacles are in the form of: a lack of Inhu Resort Police personnel, communityculture/customs, lack of funds and facilities and infrastructure of the Inhu Resort Police. Inorder to investigate the crime of palm oil theft in the Inhu Resort police area, the Inhu ResortPolice made several efforts, namely, adding Inhu Resort Police personnel, collaborating withpalm oil companies in Inhu District and also the community and minimizing the use of fundsand utilizing existing facilities and infrastructure. Author's Suggestion, First, The Inhu ResortPolice as the front guard in law enforcement, in this case the investigation of criminal acts inInhu District, the Police must work together and improve quality in dealing with any existingcriminal acts. Second, to the public to be willing to report the perpetrators of the crime of palmoil theft in Inhu District to the Inhu Resort Police. Third, to the palm oil entrepreneurs in InhuRegency to further enhance their cooperation with the Inhu Resort Police and carry out therecommendations given by the Inhu Resort Police.Keywords: Law Enforcement-Palm Oil Theft-Polres Inhu

REFORMULASI SANKSI PIDANA DISKRIMINASI RAS DAN ETNIS DI INDONESIA Irfan Ariski; Syaifullah Yophi; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Law Number 40 of 2008 concerning the Elimination of Racial and EthnicDiscrimination, actually the law against acts of racial and ethnic discrimination can preventand accommodate a person. In practice, cases of racial and ethnic discrimination haveincreased every year. In data taken from the National Commission on Human Rights (KomnasHAM), there were at least 188 complaints. Where in 2021 there were 44 complaints.Therefore, as an effort to tackle increasing racial and ethnic discrimination, and reflecting onthe Albanian state and the importance of creating a new paradigm, it is necessary toreformulate criminal sanctions as stipulated in Article 16 of Law Number 40 of 2008concerning Elimination of Racial and Ethnic Discrimination to present laws that are moreappropriate in responding to the needs of modernization. The purpose of this research was tofind out the arrangement and application of racial and ethnic discrimination criminalsanctions in the Indonesian legal system, as well as to form the idea of reformulation ofappropriate sanctions against racial and ethnic discrimination crimes in Indonesia..This research is normative legal research supported by secondary data, carried out bymaking library materials the main focus. Also called doctrinal legal research, namely legalresearch that uses data based on library research by taking quotes from reading books, orsupporting books that have something to do with the problem to be studied. Thus, this studyuses secondary data sources consisting of primary, secondary, and tertiary legal materials.This study also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research conducted, several conclusions wereobtained, namely: First, the provisions and sanctions for criminal discrimination asstipulated in Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial andEthnic Discrimination are no longer implemented and do not consider the impact ofpsychological violence that can be worse than physical violence and is still very weak whencompared to other countries such as the Republic of Albania and the United States. In theend, the existing sanctions become an obstacle in projecting law as a social engineering toolthat is just and beneficial to society. In practice, this has created a gap between das sollenand das sein in the application of racial and ethnic discrimination criminal sanctions inIndonesia. Second, the reformulation of criminal sanctions in the form of limiting sanctionsand adding criminal sanctions to imprisonment and fines, as well as the existence oftreatment and/or treatment in the form of rehabilitation is an idea that was prepared bytaking into account the outlook on life, awareness and legal ideals, as well as the philosophyof the Indonesian nation which originates from Pancasila and Preamble to the 1945Constitution of the Republic of Indonesia.Keywords: Ideas - Criminal Sanctions – Racial and ethnic discrimination

ANALISIS YURIDIS PENERAPAN PASAL 112 AYAT (1) DAN AYAT (2) DIKAITKAN DENGAN PENERAPAN PASAL 127 AYAT (1) HURUF A, AYAT (2), DAN AYAT (3) UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DALAM MEMBERIKAN KEPASTIAN HUKUM DI INDONESIA Jhon Nover Siburian; Mukhlis R; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The criminal provisions in the current narcotics law, namely Law number 35 of 2009, it isclosely related to the formulation of actions committed by someone in connection with these narcotics.Penal provisions began to be regulated in CHAPTER XV from Article 111 to Article 148 of Law No.35 of 2009 . In narcotics cases, there are several articles that are often used to ensnare perpetrators,one of which is Article 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerningNarcotics. The two articles, which have multiple interpretations and unclear formulation, namelyArticle 112 and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics.The objectives in writing this thesis are: First , to find out the judge's considerations in applyingArticle 112 and Article 127 of Law Number 35 Years 2009 About Narcotics. Second, To find out LegalCertainty in the Application of Article 112 and Article 127 of Law Number 35 Years 2009 AboutNarcotics. The type of research used in this research is normative legal research. In this normativeresearch the authors conducted research on legal principles .From the results of the study it was found that the judge's judgment in applying Article 112 andArticle 127 of Law Number 35 Year 2009 concerning Narcotics is that the judge's decision in acriminal case of narcotics abuse is not always the same, even in the same case the results of thedecisions are different, this is what is referred to as a disparity decision, where the judge decides onthe same case but with a different decision . Legal certainty in Article 112 and Article 127 of theNarcotics Law it can be said that the articles it still does not provide a legal certainty. it is becauseredaction of articles that are still multi-interpreted and contain double meanings. Author'sSuggestion, First, It is hoped that the panel of judges will give more consideration to therehabilitation aspect for narcotics users (not dealers) compared to prison sentence decisions becausethe obligation of rehabilitation is more needed for narcotics addicts . Second, make changes to theNarcotics Law, especially to Article 112. This change is really needed considering the increasingnumber of perpetrators narcotics crime that should have been charged with Article 112 but wascharged using Article 127 .Keywords: Narcotics-Legal Certainty- Criminal Acts

PEMERIKSAAN ALAT BUKTI DALAM PENETAPAN TERSANGKA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-IV/2014 DIPERSIDANGAN PRAPERADILAN DIKAITKAN DENGAN TUJUAN PRAPERADILAN Desliza Amalia Wibowo; Davit Rahmadan; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Pretrial in Indonesia has been regulated through Law Number 8 of 1981 concerningthe Code of Criminal Procedure. Pretrial institutions are intended to test the lawfulness orlawfulness of an arrest and/or detention, the lawfulness of stopping investigations or stoppingprosecutions, and requests for compensation or rehabilitation, so that law enforcementofficials are not arbitrary in carrying out their duties. Over time the authority of lawenforcement then increased with the birth of Constitutional Court Decision Number 21 / PUU-IV / 2014, the decision stated that the authority of pretrial institutions included also in termsof testing the validity or not of the determination of a suspect someone. So that pretrial courtjudges must then focus the examination process on evidence, which is then used as a guidelineto assess whether the actions of law enforcement officials in the investigation and prosecutionstage are legitimate or not someone is determined to be a suspect. However, in fact there is noconsistency in the decisions of pretrial judges where in some cases evidence is tested forrelevance and in some cases the judge does not test it or can be mentioned as long as there aretwo pieces of evidence alone are enough to establish a person as a suspect Therefore it needsto be studied stimulantly first, b How is the implementation of cases in pretrial trials in theexamination of evidence in the determination of suspects based on the decision of theConstitutional Court Number 21 / PUU-IV / 2014, second, the ideal formulation of theexamination of evidence in the determination of suspects at pretrial hearings in Indonesia.This research is a normative legal research or known as legal research, namely byexamining literature materials (secondary data) that have a relationship with the problemsstudied assisted by primary, secondary and tertiary data. This study used qualitative dataanalysis that elaborated descriptively from the data obtained.From the results of the study, it was concluded that, First, the implementation of theConstitutional Court decision Number 21 / PUU-IV / 2014 is the absence of procedures fromjudges in deciding pretrial cases where in some cases the judges check the validity or relevanceof evidence and some do not check, Second, It is necessary to reform the criminal law byformulating an ideal concept for the face of Indonesian pretrial related to the obligation ofjudges to examine the relevance of evidence and the obligation to examine potential suspects.Keywords: Pretrial – Evidence – Suspect Determination

KEBIJAKAN HUKUM PIDANA TERHADAP KEJAHATAN PEMERASAN SEKSUAL ( SEKSTORSI ) DI INDONESIA Wulan Novita Sipayung; Erdianto Erdianto; Syaifullah Yophi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA Muhammad Rafdi; Syaifullah Yophi; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the Indonesian Criminal Code, there is no clear formulation regarding the abilityto be responsible. Article 44 of the Criminal Code explains the circumstances when a personcannot be sentenced to a criminal sentence because there is an inability to take responsibilityfor the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. Oneexample of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in thedecision Defendant G who in legal facts was proven to suffer from Moderate MentalRetardation with an IQ of 46. However, in their consideration the Majlis Judge did not considerthe Defendant's Mental Retardation condition G as a determinant of his ability to beresponsible, and stated that Defendant G could be held responsible. So the purpose of thisstudy is to determine the imposition of criminal sanctions on perpetrators of criminal acts ofsexual abuse who suffer from Mental Retardation based on Indonesian criminal law and todetermine the judge's considerations for imposing criminal sanctions for sexual abuse whosuffer from Mental Retardation based on Indonesian criminal law.Application of Article 44 of the Criminal Code on the criminal act of intercourseagainst child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to beresponsible for the qualifications of Article 44 of the Criminal Code includes the ability to thinkof the perpetrators of criminal acts. Perpetrator with mental retardation problems withintellectual abilities, which also affects his ability to judge his actions are in accordance withthe rules and values the values that exist in society. The judge's considerations were not carefulin imposing criminal sanctions because several important facts were revealed at the trialregarding the condition of the Defendant. The Majlis Judge should dig deeper into mattersoutside the realm of law that arise from each trial that is presided over and summon experts tothen be asked for the clearest possible explanation in order to decide the case as fairly aspossible.Keywords: Criminal liability, Mental Retardation, Obscenity

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