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ANALISIS YURIDIS PENGGABUNGAN PEMIDANAAN TINDAK PIDANA LINGKUNGAN HIDUP DAN TINDAK PIDANA PENCUCIAN UANG BERDASARKAN STUDI PUTUSAN NOMOR : 71 /Pid.sus/LH/2018/PN.PLW DAN PUTUSAN NOMOR : 38/Pid.sus/LH/2018/PN.Pbr Miftah Farhan Sitorus; Erdianto Erdianto; Tengku Arif Hidayat
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 convict M. Ali Honopiah received two court decisions that occurred inthe case in Decision Number: 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number:38/Pid.Sus-TPK/2018/PN.Pbr ., So that the convict commits several criminal acts atonce, namely the Commerce and Transport of Protected Animals and the Crime ofMoney Laundering. From the two decisions above, that the convict committed severalcriminal acts at different times so that the two decisions were not in accordance withArticle 65 of the Criminal Code.The purpose of writing this thesis, namely: First, to find out the juridicalperspective on the merger of Environmental Crimes and Money Laundering, theStudy of Decision Number 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number38/Pid.sus/LH/ 2018/Pn.Pb. Second, to find out the application of the merger ofEnvironmental Crimes and Money Laundering, the Study of Decision Number71/Pid.Sus/Lh/2018/Pn Plw and Decision Number 38/Pid.sus/LH/2018/Pn.pbr.This type of research can be classified into normative research. The datasources used are primary data and secondary dataFrom the results of the study that in the decision on environmental crimes andmoney laundering crimes committed by M Ali Honopiah. In this case, the PublicProsecutor (JPU) stated that M. ALI HONOPIAH has been legally proven and guiltyof committing the crime of money laundering. because the elements of a criminaloffense in the Primary indictment have been fulfilled in themselves and the actions ofthe Defendant. So that the decision has not used Article 65 regarding the merging ofpunishmentsKeywords: COMMERCIAL CRIMINAL ACTS OF ENVIRONMENTAL CRIMINALACTS OF MONEY LAUNDERING

BATASAN PENGGUNAAN HAK UNTUK DILUPAKAN BERDASARKAN PASAL 26 UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP MANTAN NARAPIDANA DI INDONESIA Dhea Natalie Simarmata; Mukhlis R; Tengku Arif Hidayat
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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Internet and information technology at this time is very important for the fulfillment ofhuman needs. Because the rapid development of information technology has created dynamics inthe midst of society, a management and regulation is needed that specifically addresses problemsin the field of Information and Electronic Transactions (ITE). However, in several respects, theITE Law still has weaknesses. One of the weaknesses that is still being debated today is theregulation regarding the right to be forgotten as contained in Article 26 paragraphs (3) and (4).From that article, there is no clear element of limitation to be able to carry out the execution ofthe right to be forgotten, especially for ex-convicts in Indonesia. In this case the limitation ofrights in administrative law must pay attention to the norms in criminal law which the authorwill further describe. The right to be forgotten should accommodate the norms contained in thepurpose of punishment. The controversy over the use of this right by ex-convicts will potentiallybe used to obscure past crimes.This type of research can be classified in the type of normative legal research, whichreveals laws and regulations related to legal theories that are the object of research. Theapproach taken uses a qualitative analysis approach by searching for good data in books,journals and other scientific works related to this research. The data sources used are primaryand secondary legal materials.The conclusions that can be obtained from the research results are First, the regulationregarding the right to be forgotten for ex-convicts in Indonesia is not in accordance with thepurpose of punishment. The status of ex-convicts who are still attached with a greater chance ofrepeating crimes makes limiting the rights of ex-convicts something that has legal logic to tacklecrime, especially repeated crimes in the Theory of Criminal Policy. Second, the ideal concept oflimiting the right to be forgotten for ex-convicts in Indonesia should refer to the General DataProtection (GDPR) which applies throughout the European Union. This right should not begiven to ex-convicts and must be further regulated regarding additional punishments related tothe revocation of the right to be forgotten by ex-convicts.Keywords: Right To Be Forgotten- ITE-Former Convicts-Limitation of Rights.

PEMULIHAN KERUGIAN KORBAN KEJAHATAN TERHADAP HARTA BENDA DALAM PERSPEKTIF HUKUM PIDANA Mutiara Sri Melinda; Erdianto Erdianto; Tengku Arif Hidayat
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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Crimes against property in Indonesia have not been regulated perfectly in law so thatthey are still partial and require further implementing regulations for the sake of justice andwelfare of those concerned. One of the rights of the victim is to get compensation from theperpetrator so that it can help the victim to reduce his suffering. If the crime that befalls thevictim is a property crime with material losses, then the intended compensation is the returnof the victim's belongings or the perpetrator compensates for a number of victims' losses.positive in Indonesia and its implementation. And secondly, to find out the ideal punishmentfor criminal property crimes in Indonesia in the future.From the results of this research on legal issues, it can be concluded that there areseveral things that need to be done for the benefit and justice of law in Indonesia, both fromthe perspective of perpetrators and victims. Namely, first, regulation of criminal sanctionsagainst property in positive law in Indonesia and its implementation. In the event that thereare several arrangements, namely Article 98 of the Criminal Procedure Code, Law Number13 of 2006 concerning the Protection of Witnesses and Victims, Government RegulationNumber 35 of 2020 Amendments to Government Regulation Number 7 of 2018 concerningProvision of Compensation, Restitution and Assistance to Witnesses and Victims . In Islamiclaw, it is also known as the concept of Diyat. Besides that, there is also customary law thatoccurs because of habits that have existed from the past and are used as rules in society.Second, ideally the imposition of crimes against property in Indonesia in the future. In thiscase the researcher provides a new alternative in solving the problem of crimes againstproperty, namely where to propose compensation to be one of the main crimes that should beregulated in the types of Indonesian crimes. Seeing the many victims whose property will beharmed in the future. Suggestions from the author is that in the future criminal law reformsshould be carried out where there are rules that clearly regulate the compensation sufferedby victims of crimes against property.Keywords: Property, Victims, Compensation

IMPLEMENTASI PEMBINAAN NARAPIDANA RESIDIVIS DI LEMBAGA PEMASYARAKATAN KELAS IIA KABUPATEN BENGKALIS (PERIODE TAHUN 2019-2021) Saraswati Aji Sawitri; Elmayanti Elmayanti; Tengku Arif Hidayat
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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Recidivis exists in the case that a person has committed several acts, each of which is anindependent crime, among which one or more acts have been sentenced by a court. Specialtreatment needs to be given because of the special needs of the risks attached to him, but inpractice the Bengkalis Regency Penitentiary does not differentiate between recidivist inmates andnon-recidivist inmates. Therefore, the purpose of this thesis research is first, to find out theimplementation of coaching recidivist prisoners in Bengkalis Prison. Second, find out what effortshave been made by the Bengkalis Prison in fostering recidivist prisoners.This type of research can be classified into the type of sociological juridical legalresearch. This study uses primary data and secondary data consisting of primary legal materials,secondary legal materials, tertiary legal materials, and data collection techniques are carried outby interviewing and distributing questionnaires.From the results of this study there are two main things that can be concluded. First,there is no difference in the form of coaching given by officers to recidivist prisoners and non-recidivist prisoners. There are 2 types of coaching given, namely personality coaching andindependence coaching. Second, the efforts made by the Bengkalis Penitentiary for thedevelopment of recidivist convicts are to emphasize religious activities and also add facilities andinfrastructure for the continued development of convicts so that they are carried out optimally.The author's suggestion is First, the implementation of coaching given to convicts shouldhave a difference between recidivist convicts and non-recidivist convicts. Second, obstacles thatmake the implementation of coaching in the Bengkalis Regency Penitentiary less effective so thatthey can be dealt with immediately.Keywords: Coaching, Prisoner, Recidivist, Penitentiary

PERAN LEMBAGA BANTUAN HUKUM BKBH UNRI DALAM MENGATASI PERMASALAHAN HUKUM MASYARAKAT DI DESA PULAU PERMAI Tengku Arif Hidayat; Riau Dela Islami Putri; Satrya Dirgantara; Trifosa Indriani; Tulus Malvin Nainggolan; Angel Agnes Lovina; Rindu Tesaniya Amanda; M. Fadillah Zaafa Anaqi; Raihannah Ulya; Dinda Ardelia; Nur Aini Nasution
Diklat Review : Jurnal manajemen pendidikan dan pelatihan Vol 7 No 2 (2023)
Publisher : Komunitas Manajemen Kompetitif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35446/diklatreview.v7i2.1507

Indonesia is a legal country that protects the rights of its citizens in the legal field. The form of embodiment of legal protection provided by the state to its citizens is Legal Aid. Legal Aid is a right that every citizen has which is guaranteed through the constitution, according to the 1945 Constitution of the Republic of Indonesia, Article 28D Paragraph (2). Legal aid is intended to assist the community in resolving the legal problems they face with the assistance of legal institutions or related parties who have the authority and obligation to provide legal assistance. The Pulau Permai Village Kukerta Team together with the legal aid agency BKBH (Legal Consultation and Assistance Agency) Faculty of Law, Riau University held an outreach to increase community knowledge regarding legal aid and the community's right to obtain legal aid. The public's lack of knowledge about legal aid has led the Kukerta team to carry out outreach activities containing material about legal aid, how to get legal aid, the conditions for getting legal aid and the forms of legal aid. The socialization activity also aims to resolve legal problems that the community has through direct discussions held with the present speakers. Regarding legal aid activities, these are regulated in Law Number 16 of 2011 concerning Legal Aid.

PENGGUNAAN DALIL PEMBELAAN TERPAKSA (NOODWEER) BERDASARKAN PASAL 49 AYAT (1) KITAB UNDANG – UNDANG HUKUM PIDANA (KUHP) TERHADAP TINDAK PIDANA PENGANIAYAAN Selly Salsabila; Mukhlis R; Tengku Arif Hidayat
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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Self-defense is a form of human defense in situations that threaten the safety of one'ssoul, decency and property. It is undeniable that this self-defense can also provide losses forperpetrators of criminal acts. Arrangements regarding self-defense are regulated in Article 49 ofthe Criminal Code. In that article it is said that a person who commits an act of defense for life,honor or property both for himself and for others cannot be punished. The purpose of this study,namely: First, criminal responsibility for perpetrators of criminal acts of persecution for self-defense according to Article 49 paragraph 1 of the Criminal Code when viewed from a justiceperspective, Second; the basis for the judge's consideration in the use of the forced defenseargument against the crime of persecution.This type of research can be classified as a type of normative research that examinesthe level of legal synchronization, because in this study the authors conduct research on legalsynchronization to what extent the existing written positive law is in accordance with itsapplication.In the results of research problems there are two things that can be concluded. First,actions committed by someone in the form of self-defense in a state of threat cannot be heldcriminally responsible. Second, there are differences in the judge's decision in passing hisdecision on the perpetrators of the crime of persecution for self-defence, where in the ManadoHigher Decision Number: 10/Pid/2013/PN.Mdo which does not apply Article 49 paragraph 1 ofthe Criminal Code. The author's suggestion, First: that in forming laws - laws provide moreexplanation of the formulation of articles in a more clear and straightforward manner so thatthere is no dualization of meaning by law enforcers and society. So that the meaning in Article49 paragraph 1 of the Criminal Code in particular can be conveyed and applied in cases of self-defense. Second, in making decisions, judges must uphold the principle of legal certainty, but theconcept of justice must be upheld in accordance with one of the objectives of the law itself. Inaddition, judges can also use other assistive sciences to become the rationale for knowing thesubjective elements of the offender.Keywords: Persecution – Forced Defense – Criminal Liability.

EKSISTENSI PIDANA MINIMUM KHUSUS DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA Abdul Bagas; Davit Rahmadan; Tengku Arif Hidayat
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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One of the most dangerous crimes in Indonesia is corruption, corruption isa white-collar crime and an extraordinary crime. The legal umbrella in dealingwith criminal acts of corruption in Indonesia to date is Law Number 20 of 2001concerning Amendments to Law Number 31 of 1999 concerning the Eradicationof Corruption Crimes, where the Law contains a special minimum sentence as areflection of the principle of legality, which contains elements of legalcertaintyand also as an effory to achieve more effective goals to prevent anderadicate corruption in Indonesia. However, when viewed from the number ofdecisions, this proves that the specific minimum sentence contained in the law hasnot been able to achieve its objective.This research is a normative research with a statute approach to determinelegal principles and norms which are criminal law policies in formulating specificminimum criminal concepts that are appropriate in preventing and eradicatingcriminal acts of corruption, using secondary data as data sources. Methods ofdata collection with a normative juridical approach in this study using libraryresearch techniques. The purpose of this study is to determine the existence of aspecial minimum sentence in preventing and eradicating corruption in Indonesiaand to find out the appropriate concept of a special minimum sentence inpreventing and eradicating corruption in Indonesia from a criminal perspective.From this research it can be concluded that the special minimum sentencecontained in the Law on the Eradication of Corruption Crimes in terms of itsimplementation is in accordance with laws and regulations, but in terms of theeffectiveness of the special minimum sentence it has not been implemented. able toreach his goal. namely the prevention and eradication of corruption. corruptionin Indonesia. Therefore, it is necessary to update the specific minimum crimescontained in the anti-corruption law, which are exacerbated by taking intoaccount the past or the crime itself and also paying attention to its future or goals.criminal punishment. Thus the special minimum sentence can reflect howdangerous the consequences or impacts of corruption are both for the state andfor all Indonesian people, and this can result in general prevention and specialprevention so that the special minimum punishment can achieve its own goals,namely preventing and eradicating corruption in Indonesia.Keywords : existence – Specific Minimum Punishment – Corruption

PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN MINUMAN OPLOSAN BERALKOHOL GOLONGAN C OLEH REMAJA DAN ANCAMAN HUKUM BAGI PENJUAL TANPA IZIN DI WILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Kevin Pardede; Mukhlis R; Tengku Arif Hidayat
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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Mixed liquor is liquor made from various ingredients that contain alcoholand are mixed together, and have varying levels of alcohol. Selling bootlegalcohol, especially class C, illegally is an act that is against the law because itsells goods that endanger life and health, especially to teenagers who are stillunderage. Various efforts have been made by law enforcers, but the reality is thatthe perpetrators of the distribution of bootleg liquor so far in the Pekanbaru areacontinue to occur. Based on these problems, the authors are interested inknowing, first, how to enforce the law against the abuse of class C alcoholicmixed drinks by teenagers and legal threats to unlicensed sellers in thejurisdiction of the Pekanbaru city resort police, second, what obstacles are facedand efforts to overcome obstacles in law enforcement against abuse of class Calcoholic mixed drinks by teenagers and legal threats to unlicensed sellers in thejurisdiction of the Pekanbaru city resort police.This type of research is classified as sociological legal research. Innormative legal research, the data sources are primary data sources andsecondary data sources consisting of primary legal materials, secondary legalmaterials and tertiary legal materials. Collecting data on normative legalresearch uses data collection techniques by means of interviews and literaturestudies. The data obtained through a literature study will be analyzedqualitatively. In drawing conclusions the author uses the deductive thinkingmethod, namely a way of thinking that draws conclusions from a generalstatement or argument into a specific statement.Based on the results of the study it can be understood that law enforcementagainst the misuse of class C alcoholic mixed drinks by teenagers and legalthreats to unlicensed sellers in the jurisdiction of the Pekanbaru city resort policeis still weak, this can be seen that liquor is still freely sold and circulated tovarious groups in Pekanbaru city. Based on this, the constraints and efforts of thePekanbaru city resort police to supervise and socialize the adultery anddistribution of liquor. In this case, the perpetrators of the crime of mixing anddistributing liquor are subject to Article 204 of the Criminal Code, theperpetrators are subject to 15 years in prison.Keywords: Law Enforcement - Mixed Liquor - Pekanbaru City

Reformasi Pemidanaan bagi Pelaku Tindak Pidana Korupsi dalam Perspektif Absolute Theory di Indonesia Jihan Kharisma Illahi; Tengku Arif Hidayat; Jupri Yanus Halawa; Nursal Sabila; Rosdiansyah Rosdiansyah; Silvy Elfiana
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 18 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8329976

Reformasi Pemidanaan Koruptor di Indonesia melalui Absolute Theory. Proses pemidanaan di Indonesia, termasuk untuk kasus korupsi menggunakan teori gabungan atau integrative theory. Teori absolut atau teori pembalasan melantaskan bahwa pemidanaan bukan bertujuan untuk hal-hal pragmatis, seperti membenahi pelaku kejahatan, melainkan suatu desakan absolut termasuk sebagai suatu pembalasan (revegen) kepada siapa saja yang melakukan kejahatan. Diperlukan reformasi atau perubahan pemidanaan berkaitan dengan kasus korupsi di Indonesia menjadi absolute theory. Jenis riset yang digunakan dalam proses penelitian ini adalah yuridis normative. Penelitian ini bertujuan untuk menelaah pemidanaan bagi para pelaku korupsi di Indonesia yang menganut teori gabungan. Berdasarkan penggalian yang dilakukan, disadari bahwa perlu diadakan perubahan pemidanaan menjadi pemidanaan berdasarkan teori pembalasan karena korupsi merupakan extraordinary crime karena dampaknya sangat meluas dan sistematis terhadap masyarakat banyak.

BRUTALISME OKNUM APARAT POLISI PADA MASA KINI DITINJAU DARI PERSEPEKTIF HUKUM DAN MORALITAS Helsony Zelson; Davit Rahmadan; Tengku Arif Hidayat
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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Irregular behavior of members of the Police is a violation of the Police professional code ofethics and Police disciplinary regulations. However, it is felt that law enforcement against theseregulations is still far from expectations and has not been able to maximally have a positive impacton the behavior of members of the Police, both due to the process of law enforcement and the resultsof law enforcement regulations. Efforts to enforce the code of ethics and disciplinary regulations areurgently needed in order to realize the implementation of assigned tasks and achieve policeprofessionalism. Based on this, the author is interested in discussing law enforcement againstmembers of the Police who commit irregularities, while the focus of his research is on members ofthe Police who commit abuse.This study aims to determine the forms of brutalism committed by police officers in carryingout their duties as law enforcement officers and to review the role of law enforcement police officersfrom a legal and moral perspective.The forms of brutalism are: physical violence, structural violence, and psychologicalviolence. Not only seen from the form, but brutalism can also be seen based on the perpetrators,namely: individual violence and collective violence.In the provisions of Article 13 it is emphasized that the Police are tasked with: 1.maintaining public order and security; 2. enforce the law; 3. provide protection, shelter and serviceto the community (Article 13, Law No. 2 of 2002).Keywords: Brutalism, Police, Law Enforcement.

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