Erdianto Efendi, Erdianto
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PELAKSANAAN PENCEGAHAN TINDAK PIDANA KORUPSI OLEH KOMISI PEMBERANTASAN KORUPSI DI INDONESIA Halim, Azimu; Efendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Corruption is a serious problem that is being faced in Indonesia, particularlythe province of Riau. In law enforcement is not only necessary enforcement action butalso preventive measures. Therefore, corruption must be addressed in a rational way.One rational business is to do prevention. The purpose of this study, for to know theimplementation of prevention of corruption by the Corruption EradicationCommission in Indonesia, to know the constraints prevention of corruption by theCorruption Eradication Commission in Indonesia and to determine the prevention ofcorruption by the Corruption Eradication Commission in Indonesia. This type ofresearch is a sociological law research, because in this study the authors directlyconduct research on locations or places studied in order to give a complete and clearpicture of the problems examined. This research was conducted at the CorruptionEradication Commission of the Republic of Indonesia, the Directorate of SpecialCriminal Regional Police Riau and Riau High Court, while the sample population isa whole party with regard to the problems examined in this penelitiaan, data sourceused, primary data, secondary data and data tertiary, data collection techniques inthis study with interviews and literature study. Prevention of corruption has not beenrun up by the presence of obstacles such as budget and human resources. Efforts toovercome this obstacle is to increase the budget, build quality human resources,building a bureaucratic assessment system and promote the dangers of corruption tothe public. Parties to the Corruption Eradication Commission in implementing theprevention of criminal acts of corruption further strengthen coordination in carryingout functions with other agencies, as well as find solutions to the obstaclesencountered and maximize socialization for prevention.Keywords : Prevention - Criminal Act - Corruption
Analisis Hukum Tentang Disparitas Pidana Dalam Kasus Tindak Pidana Korupsi Penyalahgunaan Wewenang Proyek Pengerjaan Jalan (Pada Kasus Putusan Nomor 54/Pid.Sus/Tipikor/2013/PN.PBR) Aditias, Akfini; Efendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Corruption is one part of a special criminal law. Corruption is considered detrimental to the social and economic rights of Indonesian society. The seriousness of the government in tackling corruption is the establishment of Law No. 31 of 1999 in conjunction with Law No. 20 Year 2001 on Corruption Eradication. The purpose of this thesis, namely; First, to determine the process of proving corruption in road construction projects abuse of authority in case No. 54/Pid.Sus/Corruption/2013/PN.PBR, Second, To know the legal consideration by the judge in the case No.54/Pid.Sus/Corruption/2013/PN.PBR.This type of research can be classified into types of normative research, because in this study the authors conducted a study and discussion or analysis in depth against Corruption Court decision No.54/Pid.Sus/Corruption/2013/PN.PBR, sources of data, which is used , primary data, secondary data, and the data tertiary data collection techniques in this study using literature studies or studies documentary.From the research, there are two fundamental problems that can be inferred. First, That the proof in case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR is using negative verification system (negatief etterlijk), where the burden of proof remains with the Prosecution, while the defendant merely presenting defense witnesses only (adecharge). Secondly, That the legal reasoning by judges in adjudicating the case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR is not true, where the judge only consider the guilt of the accused of the charges of the subsidiary that Article 3 of Law No. 31 Year 1999 jo Law Law No. 20 of 2001 without first considering in detail where the location of the non-fulfillment element of Article 2 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Because if Article 2 is not proven then automatically Article 3 also should not be proven according to law because both elements are almost the same article that is committed an unlawful act. Suggestions author, First, it is suggested to the Public Prosecutor and the judge who tried the case number 54/Pid.Sus/ Corruption/2013/PN.PBR that in the proof should be done with a combination of negative evidence of proof, so that the handling of this case actually achieve sense of justice. Second, it is suggested to the judge who tried the case number 54 / Pid.Sus / Corruption / 2013 / PN.PBR to first consider which elements are not met from the Article 2 of Law No. 31 of 1999 in conjunction with Law Number 20 Year 2001, because otherwise they will give the impression of judges chose a lesser sentence with direct consideration of Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001.Keywords: corruption - proof - consideration of the judge
Disparitas Pidana Dalam Kasus Tindak Pidana Pencucian Uang Hasil Tindak Pidana Narkotika Gultom, Santo Barri; Efendi, Erdianto; Indra, Mexsasai
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Criminal sanctions aim to give preferential suffering to the offender so that he felt as aresult of his actions. In addition aimed at imposing suffering against the perpetrators,criminal sanctions also constitute a statement of disapproval against offenders act. In the caseof money laundering narcotics proceeds of crime, criminal sanctions is necessary as adeterrent effect imposed by the judge to the perpetrators of money laundering narcoticsproceeds of crime. But often found differences in criminal sanctions against the judgeimposed the same case, or better known as the Criminal Disparities resulting in theemergence of injustice. Criminal is a criminal disparity unequal application of the samecriminal acts without apparent justification. This study examines the problems of (1) How isthe construction of thinking judges in decisions in the case of money laundering narcoticsproceeds of crime in the case Number: 593 / PID / SUS / 2012 / PN.PBR and case Number:258 / PID / SUS / 2014 /PN.PBR? (2) Are the causes of dispartitas verdict against moneylaundering narcotics proceeds of crime. The goal in this study to determine construction thinkjudges in imposing criminal verdict in the case Number: 593 / PID / SUS / 2012 / PN.PBRand case Number: 258 / PID / SUS / 2014 / PN.PBR? and also to determine the factors thatcause disparities verdict against money laundering narcotics proceeds of crime. From theresults of this study concluded (1) that in case Number: 593 / PID / SUS / 2012 / PN.PBRdefendant is proven guilty of money laundering as stipulated in Law No. 8 of 2010 withsentenced to imprisonment for 3 (three) years and a fine Rp.800.000.000, - (eight hundredmillion dollars) and in case Number: 258 / PID / SUS / 2014 / PN.PBR defendant was legallycommit money laundering continues, the defendant shall be sentenced to prison for 1 ( one)year 2 (two) months and a fine of Rp. 100.000.000, - (one hundred million rupiah). (2) Thecause of the disparity verdict against the same criminal act caused by the law itself factors,factors resources law enforcement officials, a factor of self-judge itself (both internal andexternal) and also the factors of the situation inside the defendant. This study suggested thatthe government mengandemen Law on Money Laundering which so no criminalclassification is based on the type of predicate offenses, the amount of money obtained fromthe predicate offense, and specifically for money laundering predicate crime that his narcoticcrime to establish regulations for the amount and type of drugs so that the judge in makingthe interpretation of the statute can be limited.Keywords: Disparity, Criminal, Money Laundering.
PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT HUKUM ADAT BATAK DI TAPUNG HULU Hartini, Theresia Devi; Efendi, Erdianto; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the Indonesian positive law, criminal matters must be resolved in court proceedings. But in Certain cases it is possible Reviews their settlement out of court, one of the which is the completion undertaken by traditional institutions items, namely through the intermediary of King parhata, as an alternative to settling Disputes in the field of criminal law in the application of customary law , such as in Sub Tapung Reviews those upstream. This study aims: Firstly; to Determine Whether the legal system Batak Recognized in the Indonesian legal system legalistic, Second; to Determine the Batak settlement in line with the nature of criminal law as public law, the Third; to Determine the legal effect of the settlement Batak.This type of research can be classified in this type of sociological juridical research, because they live in this study the authors conducted research on a study in order to provide a complete and clear picture of the issues examined. This research was conducted in the district of Hulu Tapung Kampar regency. While the overall population and sample the parties relating to the issues examined in this study, the data source used primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research there are three main things that can be inferred. First, in the completion of the crime of domestic violence still adheres to the settlement that is familial with deliberation in reaching a decision under the provisions of customary conducted with intermediaries King parhata, remedy criminal assault domestic violence recognized in the Indonesian legal system that was legalistic. Both the completion of criminal assault domestic violence is not in line with the nature of criminal law as public law. Third, the completion of the criminal case of domestic violence according to the customary law of the Batak have legal certainty, as the settlement was made in the form of an agreement that contains several provisions which, if breached customs will be penalized in the form of customary feed local communities (parsahutaon). Advice writer, it is advisable to conduct a study and explore the local wisdom of indigenous people and a number of laws related to the existence and authority of traditional institutions in resolving a case that recognized indigenous and authority in resolving a legal issue. Second, that the King of indigenous parhata upgraded in terms of making agreements and sanctions. Third, the completion of the offense by the law should be retained in any problems that occur in the middle of the community as a form of respect and uphold the customs as the main protection.Keywords: Settlement - Crime - Customary Law