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EFEKTIFITAS BIMBINGAN KLIEN NARKOTIKA OLEH BALAI PEMASYARAKATAN KELAS I PADANG UNTUK MENCEGAH TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Yazrul, Ade; Faniyah, Iyah
UNES Law Review Vol 1 No 3 (2019): UNES LAW REVIEW (Maret 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v1i3.35

Abstract

The implementation of narcotics client guidance by Community Guidance to prevent criminal acts of narcotics abuse is regulated in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and Law of the Republic of Indonesia Number 12 of 1995 concerning Correctional Clients Guidance in practice is still a lot of dependence on narcotics. Based on the results of the study, it can be concluded that: First, the role of Bapas Class I Padang Community Supervisor in guiding clients of narcotics abuse has been carried out well, because the guidance provided by Bapas Class I Padang Community Supervisor is in the form of Post-Rehabilitation Program which is a follow-up stage given to narcotics addicts after undergoing rehabilitation which aims to guide the narcotics client to develop attitudes to society and not repeat it again. Secondly, the effectiveness of narcotics clients in preventing narcotics criminal acts at Padang Class I Correctional Facilities in principle can be said to be quite effective because every client who follows the Post-Rehabilitation Program does not have a client who repeats narcotics abuse. Third, Constraints faced in Narcotics Client Guidance at Padang Class I Correctional Institution are limited conditions and functions and lack of Human Resources (HR), as well as clients who have undergone rehabilitation to undergo post-rehabilitation services, many who have not been serious about recovering, because of the lack of family and community support in realizing the recovery of former addicts, and the lack of a place to channel their interests and potential to return to the social environment of the community. In addition, the demands of the client's economic needs become an element of strengthening the absence of clients because they cannot leave their jobs which are mostly from the private sector. Besides that, budget problems are an important factor in post-rehabilitation implementation in order to run optimally.
PENERAPAN PIDANA TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN MENGGUNAKAN SENJATA API (Studi Putusan Nomor : 42/Pid.B/2016/PN.Swl dan Putusan Nomor : 43/Pid.B/2016/PN.Swl) Hendro, Bevi; Faniyah, Iyah; Wibowo, Adhi
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.21

Abstract

Based on Article 363 paragraph (1) of the 4th Criminal Code, people who commit theft carried out by 2 persons together or more are threatened with a maximum imprisonment of 7 years. Therefore the Case of Crime of Theft with Violence using Firearms based on Decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. 1 (one) year and 10 (ten) months, charge the Defendant to pay a court fee of Rp. 5,000.00 (five thousand rupiah) and pay attention to Article 365 paragraph (2) of the 2nd Book of the Criminal Law. The specification of this research is descriptive analytical. While the approach method used is normative juridical. The data source used is secondary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the results of research and discussion, it can be concluded; First, the application of a criminal against a member of the National Police who commits a crime of theft with violence using firearms in the decision number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN.Swl are: Article 365 paragraph (2) of the 2nd Criminal Code, namely: "A maximum sentence of twelve years imprisonment, is imposed, (2nd) if the act is carried out by two people together or more", with the elements of criminal charges of the Prosecutor General, namely: Whose element of goods; Take something; Elements that are entirely or partially owned by others; Elements With the intention to be owned illegally; Elements That are carried out preceded by, accompanied by, or followed by violence or threats of violence, against a person with a view to preparing or facilitating theft, or in the event of being caught red-handed, to allow themselves to escape or other participants, or to retain possession of stolen property; Elements are carried out by 2 (two) people or more together. Secondly, the consideration of the judge in the application of the criminal to a member of the police who committed a crime of theft with violence using firearms in the decision Number: 42 / Pid.B / 2016 / PN.Swl and Decision Number: 43 / Pid.B / 2016 / PN. Swl are: juridical considerations: prosecutor's indictment, witness testimony, defendant's testimony, evidence. considerations that are non-juridical: the background of the defendant and the religion or belief held by the defendant, the physical and spiritual condition of the defendant, as a result of the defendant's actions
PERLINDUNGAN HUKUM INDIKASI GEOGRAFIS ATAS MEREK KOPI TORAJA DAN KOPI GAYO YANG DIDAFTARKAN OLEH NEGARA LAIN Hamidi, Ayu Kumala Sari; Faniyah, Iyah
UNES Law Review Vol 2 No 1 (2019): UNES LAW REVIEW (September 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ulr.v2i1.60

Abstract

The existence of IPR, especially Geographical Indications and Brands, is the basis of policy making in the world of Trade. Indonesia is a country that is rich in potential Geographical Indication products and then Law No. 20 of 2016 concerning Geographical Indications and brands for National Regulations and in TRIPS as International Arrangements. but there are still violations of cases regarding Geographical Indications and Trademarks and occur in Toraja coffee and Gayo coffee. The formulation of the problem in this research is how is the trademark legal law for Geographical Indications in the case of Toraja coffee and Gayo coffee registered by other countries? How is the legal settlement of the Violation of Brand Geographical Indications carried out by other Countries against Toraja coffee and Gayo coffee?The specification of this study is Descriptive Analysis. The approach is a normative juridical approach using secondary data obtained through library studies. The data is then analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of research and analysis, answers can be obtained: 1) Legal protection against Toraja coffee and Gayo coffee registered by other countries, namely by registering the trademark to the Director General of Intellectual Property Rights and after obtaining a Geographical Indication certificate from the Director General of Intellectual Property Rights, the geographical indication of a product's brand it gets strong protection. 2) Legal settlement of brand violations and geographical indications of the brand of Toraja coffee and Gayo coffee are litigation methods carried out through the Commercial Court institution, for Toraja Coffee to be carried out at the Ujung Pandang Commercial Court and Gayo Coffee at the Medan Commercial Court.
PELAKSANAAN ASESMEN TERHADAP PECANDU NARKOTIKA OLEH SATUAN RESERSE NARKOBA KEPOLISIAN RESOR KEPULAUAN MENTAWAI Irmon, Irmon; Faniyah, Iyah
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Master of Law Program, Faculty of Law, LPPM Ekasakti University Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The government's effort to tackle the problem of narcotics abuse is to enact Law No. 35 of 2009 concerning Narcotics. In its development to protect addicts and victims of narcotics abuse, it no longer boils down to imprisonment sanctions, but empties into rehabilitation as stipulated in SEMA Number 4 of 2010 and SEMA Number 11 of 2011. As for rehabilitation, every addict and victim of narcotics abuse must an assessment process was carried out by the Integrated Assessment Team. The Assessment Process is the initial process where narcotics addicts and victims of narcotics abuse report to the Police and Obligatory Report Receiving Agencies (IPWL), as Satresnarkoba Polres Mentawai did which conducted four assessments during 2015 to 2017
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM PRAKTIK PENGOBATAN TRADISIONAL TANPA IZIN DI NAGARI SURANTIH KECAMATAN SUTERA KABUPATEN PESISIR SELATAN Oka Masri, Fajar Adil; Faniyah, Iyah; Ferdi, H. Ferdi
UNES Journal of Swara Justisia Vol 4 No 4 (2021): UNES Journal of Swara Justisia (January 2021)
Publisher : Master of Law Program, Faculty of Law, LPPM Ekasakti University Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v4i4.183

Abstract

Consumer protection law is a part of consumer law which contains regulatory principles and also contains characteristics that protect the interests of consumers. Consumer law can be defined as the overall principles and rules governing the relationship and problems with the provision and use of goods and / or services between providers and users in social life. This type of research is a descriptive analytic study. The approach used is a normative juridical approach which is supported by an empirical juridical approach, the data used are secondary data as the main data with primary data as supporting data collected through library research and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of the research, it can be concluded that: 1) Legal protection for consumers is any effort that ensures legal certainty to provide protection to consumers and is expected to be used as a bulwark to eliminate arbitrary actions that harm business actors only for the sake of consumer protection. Authority will result in legal uncertainty. consumer protection has not been carried out by business actors properly, does not have a permit by the health office and does not have a good standard of treatment. 2) The supervision of the Nagari Surantih Government on the protection of traditional medicine has been carried out by monitoring and observing if there are violations committed by traditional medical services. However, the weakness of the government does not cover it and forces traditional medicine practitioners to quickly obtain permits so that the treatment has the correct standard of treatment from the local health office. 3) Traditional medicine is very beneficial for the community because with the existence of traditional medicine, the community can seek treatment at a very cheap costand it has been proven that the treatment is effective and the ingredients used are very safe, but the impact also exists like the case described above where the patient / sufferer feels the treatment that was carried out made the disease develop and evenfelt other diseases as wel.
LIQUIDATOR OBLIGATION TO SHAREHOLDERS IN LIQUIDATION OF THE COMPANY PT.RAHMAN TAMIN Rosadi, Martry Gilang; Faniyah, Iyah
UNES Journal of Swara Justisia Vol 4 No 2 (2020): UNES Journal of Swara Justisia (July 2020)
Publisher : Master of Law Program, Faculty of Law, LPPM Ekasakti University Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v4i2.163

Abstract

At the time of PT.Rahman tamin dissolved and appointed liquidator to clinch wealth the company had not yet there is a duty and responsibility that conducted by a liquidator tothe new liquidator by decisions of the supreme court to the court appointing him, Thus causing shareholders suffer losses.The research is normative. legal researchThe data used is the primary law, secondary and tertiary.PT. Rahman Tamin in likuidatioan namely by making it in the form of cash or liquid in order to be distributed to shareholders, a team of the liquidator Pt.Rahman tamin is in liquidation discharge of obligations in accordance with the provisionsact of limited company. Responsibility liquidator appointed the team liquidator in liquidation have carried out in accordance withact. But the fact that is found in the trial based on considerations judge through west jakarta district court decision number110/PDT.P/2014/PN.Jkt.BarStated that withto misuse the authority conducted by among the very cause of the liquidator before the turn of the liquidator is in liquidation PT .Rahman Tamin.The liquidator PT .Rahman Tamin formerly wo not submit the funds that have been given by a prospective buyersby reason of these is direct to the court .
PENERAPAN PIDANA PADA TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN YANG DILAKUKAN SECARA BERSAMA-SAMA Prayitno, Rangga; Faniyah, Iyah; Rosmelly, Wirna
Ekasakti Jurnal Penelitian & Pengabdian Vol. 1 No. 1 (2020): (EJPP) Ekasakti Jurnal Penelitian & Pegabdian (November 2020)
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ejpp.v1i1.88

Abstract

The crime of theft with a weight that is carried out jointly as regulated in Article 363 and Article 365 of the Criminal Code is called theft with qualifications. Theft with a weighting carried out jointly in Decision Number: 976 / Pid.B / 2018 / Pn.Pdg and Number 890 / Pid.B / 2018 / Pn.Pdg by using a comparison of the verdict where in the Decision Number: 976 / Pid. B / 2018 / Pn.Pdg, the two defendants were punished with different sentences while in Decision Number 890 / Pid.B / 2018 / Pn.Pdg was punished with the same sentence, even though the articles applied were the same Article 363 Paragraph (1) the 4th Criminal Code.
UPAYA PENANGANAN TERJADINYA TINDAK PIDANA DI BANDARA INTERNASIONAL MINANGKABAU OLEH KEPOLISIAN SEKTOR KAWASAN BANDARA INTERNASIONAL MINANGKABAU Saputra, Ade; Faniyah, Iyah
UNES Law Review Vol 3 No 3 (2021): UNES LAW REVIEW (Maret 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i3.188

Abstract

Efforts to deal with the occurrence of crimes at Minangkabau International Airport by the Minangkabau International Airport Regional Police is to carry out investigations and investigations. Criminal acts that occur are still general crimes so that the handling is still carried out by the Police as is the handling of criminal acts in general. In the event of a special crime in the Minangkabau International Airport area, special handling will also be carried out. Criminal acts that specifically occur in airport areas such as aviation crime, narcotics crime, customs crime, smuggling and so on. Collaboration with various related institutions is carried out against these special crimes in terms of their handling. Obstacles in the Effort to Handling Criminal Actions at Minangkabau International Airport By the Regional Police of the Minangkabau International Airport Area is to socialize what the community should do in order to avoid criminal acts. Another obstacle is the lack of responsiveness of law enforcement officers to reports provided by victims, so that the process of handling crimes that occur at airports is slow. There are still many visitors who do not understand the environmental safety standards of the Minangkabau international airport.
KAJIAN FUTURISTIK TERHADAP PENGATURAN BENTUK DAN SANKSI TINDAK PIDANA KORUPSI DI INDONESIA Purna, Ferdianto; Rosadi, Otong; Faniyah, Iyah
UNES Journal of Swara Justisia Vol 4 No 4 (2021): UNES Journal of Swara Justisia (January 2021)
Publisher : Master of Law Program, Faculty of Law, LPPM Ekasakti University Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v4i4.187

Abstract

Corruption offenses in the Draft Criminal Code (RKUHP) contained in book II of the Draft Criminal Code (RKUHP) are regulated on special offenses, one of which is corruption. There are five articles on core crimes (core crime) which are adopted from Law Number 20 of 2001 concerning the Eradication of Corruption (Corruption Act). Of the five articles adopted, three of them carry the threat of imprisonment and lighter fines. A reduction in the number of offenses also occurred in the regulation of corruption, from 7 forms of corruption that are regulated in the current corruption law to only 5 (five) forms of corruption. The juridical implications of regulating corruption in Law Number 31 of 1999 as amended by Law Number 20 of 2001 and the 2019 Bill of the Criminal Code include reducing forms of corruption that become offenses of corruption and criminal threats that are considered lower.
THE EFFECTIVENESS OF SECURING THE CITY OF PADANG TOURISM AREA AGAINST THE CRIME Kamiza, Agung Nova; ., Fitriati; Faniyah, Iyah
UNES Journal of Swara Justisia Vol 4 No 2 (2020): UNES Journal of Swara Justisia (July 2020)
Publisher : Master of Law Program, Faculty of Law, LPPM Ekasakti University Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v4i2.153

Abstract

Tindak pidana pencurian di tempat wisata pantai yang ada di Kota Padang menyebabkan masyarakat resah dan takut. Khusus dalam pengamanan tempat wisata pantai di Kota Padang masih dinilai kurang maksimal, hal ini dapat dilihat masih banyaknya tindak pidana pencurian yang terjadi dan belum ada pengamanan khusus dari pihak pengamanan objek vital di tempat wisata tersebut.Pengamanan Terhadap Tindak Pidana Pencurian Pada Kawasan Wisata Pantai Di Kota Padang Oleh Direktorat Pengamanan Objek Vital Polda Sumbar dilakukan dengan cara yaitu; memberikan rambu-rambu dan papan informasi di tempat yang rawan gangguan keamanan, melengkapi sarana prasarana alat komunikasi juga dapat menjadi pendukung keamanan di suatu obyek wisata. Mengalang kerjasama dan kemitraan antara berbagai pihak, yaitu dengan tokoh adat setempat. Efektifitas Pengamanan Yang Dilakukan Oleh Direktorat Pengamanan Objek Vital Polda Sumbar Terhadap Tindak Pidana Pencurian Pada Kawasan Wisata Pantai Di Kota Padang dapat dilihat dengan berdasarkan data tingkat tindak pidana pencurian yang meningkat. Data statistik kriminal tersebut menunjukan ke tidak efektivan pengamanan yang dilakukan Satuan Pam wisata Ditpamobvit Polda Sumbar.