Davit Rahmadhan
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TINJAUAN YURIDIS TANGGUNG JAWAB KOMISI PEMLIHAN UMUM (KPU) DALAM MENINGKATKAN PARTISIPASI MASYARAKAT PADA PEMILIHAN UMUM SERENTAK Oloan Swandy Panjaitan; Erdianto Erdianto; Davit Rahmadhan
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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As an example of a case that is still being debated regarding the rules and sanctionsthat must be stipulated, namely the case of the Tira Persikabo football team which promotedan online gambling site called SBOTOP on its jersey, that as explained in the regulationsregarding gambling above, this clearly violated the regulations regarding gambling. containedin Article 27 paragraph (2) in conjunction with Article 45 paragraph (2) of the 2008 ITE Lawwas amended into Law Number 19 of 2016 which does not allow people to make electronicinformation and documents that have gambling content accessible.There are two formulations of the problem in this study, namely First, what is thecriminal responsibility for the football team that promotes online gambling sites in their jersey?Second, what are the obstacles that impede criminal liability for a football team that promotesonline gambling sites in their jersey?There are 2 conclusions from this study, namely, First, the use of online gambling sponsors onthe Persikabo 1973 football jersey which competed in national competitions is part of agambling crime. Because these actions fulfill the entire set of elements contained in Indonesiancriminal law. The sponsorship of the online gambling site has complied with the provisions ofarticle 303 paragraph 1 which focuses more on the elements of making offers and providingopportunities for other people and/or the general public to gamble. In addition to theseprovisions, the act of sponsoring the gambling was also carried out through the Instagramsocial media of the Persikabo 1973 football club, so that it has fulfilled the elements of Article27 paragraph 2 of the ITE Law with the threat of imprisonment for a maximum of six yearsand/or a fine of up to one billion rupiah. Second, the obstacles in criminal liability for a footballteam that promotes online gambling sites on their jersey: a. The multiple interpretations of therules governing the prohibition of promoting online gambling sites on the jersey of theIndonesian football team. b. The absence of legal certainty by the National Police regardinglaw enforcement for football teams promoting online gambling sites at Jersenya.c. TheUncertainty of the Management of the Indonesian Football Association (PSSI) in ProhibitingFootball Teams in Indonesia from Promoting Online Gambling Sites. Suggestions from thisstudy are First, Law enforcement officials, in this case the police, must be active with thecommunity to immediately punish anyone involved in sponsoring online gambling sites inIndonesian football because it is a form of gambling crime that offers massive offers to allIndonesian people. through the media of football. Second, law enforcement officials must alsoeradicate all forms and practices of gambling because this is very dangerous for the life of theIndonesian nation and state because gambling can be the forerunner to the birth of othercrimes and is very contrary to public order, contrary to the values of and norms contained inthe life of society.Keywords: Accountability, Criminal, Football Team, Promoting, Online Gambling Site
TINJAUAN MENGENAI TINDAK PIDANA PELECEHAN SEKSUAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA DIKAJI DARI PERSPEKTIF GENDER M. Arief Deka Rizqi; Erdianto Erdianto; Davit Rahmadhan
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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As a follow-up to the incomplete regulations, the government passed Law No. 12 of 2022concerning Crimes of Sexual Violence which in the Act does not limit the perpetrators or victims.This means that harassment by men against women and vice versa or by men against men and viceversa is still considered an act of sexual violence . Even so, we cannot close our eyes that sexualharassment and violence against men does exist and needs to be eradicated just like sexualviolence against women .The purpose in writing this thesis, namely: First , To Know Formulation of the Crime ofSexual Harassment in the Criminal Justice System Reviewed From a Gender Perspective . Second,To know Criminal Law Policy Against Countermeasures Gender Based Sexual Harassment .Type research used in study This is study law normative . In study normative This writer dostudy to principles of law .From the results of the study it was found that the formulation of the crime of sexualharassment in the criminal justice system in Indonesia, especially against men, is in Article 5 andArticle 6 of the TPKS Law where the main punishment can be in the form of imprisonment andspecial rehabilitation, and additional punishment can be in the form of compensation, deprivationprofits derived from criminal acts, social work, special coaching, revocation of parental rights,revocation of political rights, and revocation of the profession. This form of punishment provides ahigher burden of deterrent effect. Not only sentenced to prison, but also other additional crimesthat are also more burdensome. Legal Policy criminal action against gender-based sexualharassment efforts is through the means at outside of criminal law ( non-penal policy ), namely inthe form of preventive measures such as provide an understanding of gender-based harassment byorganizing special classes, such as Weekend Class . This should be a crime prevention effort whoare at the forefront, because as the saying goes that prevention is better than cure.Author's suggestion, First, the Law on Sexual Violence Crimes must be implemented moreoptimally so that the use of articles in cases of sexual violence becomes more targeted.Second, protection for victims of sexually harassing behavior must be maximized and become thefocus government's role in law enforcement .Keywords: Sexual-Gender-Criminal Harassment
ANALISIS YURIDIS DISPARITAS PIDANA PADA KASUS PENYERTAAN TINDAK PIDANA KORUPSI PENGADAAN BUKU DI KOTA PADANG PANJANG Nur Farah Datulaida; Erdianto Erdianto; Davit Rahmadhan
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 issue of corruption is a problem that has grown for a very long time and has takenroot in every sector of state life. This crime has damaged the good order in achieving socialwelfare. And the high number of corruption cases in the procurement of goods and services isdue to gaps in regulations that are not yet perfect. A field that accommodates a lot of things mustbe able to provide guarantees that it will provide justice to the parties involved.The type of research used in this legal research is normative juridical method. Therefore,an analysis with a qualitative measure is used which is based on substance with data collectionin drawing conclusions. In drawing conclusions the author uses the deductive thinking method,namely a way of thinking that draws a conclusion from things that are general to things that arespecific.From the results of the research and discussion it can be concluded that, first, theregulation on the procurement of goods and services, which is currently still in the form of apresidential regulation, has resulted in weak law enforcement regarding problems arising fromthe process of procurement of goods and services, including the problem of corruption. Second,that justice is when everyone gets their rights, when there is an act of corruption that takes awaythe right to the needs of the state and people's welfare and the interests of the community, thenjustice has been taken away, for this reason law enforcement and regulatory improvement tostabilize justice in its place is a must. Third, the idea of regulating the procurement of goods andservices in the future to minimize and also prevent criminal acts of corruption in this sector fromrecurring is the presence of laws that specifically regulate the procurement of goods andservices, so that violations of these articles give the power to impose penalties on those whoviolate them.Keyword: Procurement – a criminal act of corruption
ANALISIS YURIDIS KEJAHATAN TERHADAP IDEOLOGI NEGARA BERDASARKAN UNDANG – UNDANG NO 27 TAHUN 1999 Ikramul Fajri; Erdianto Erdianto; Davit Rahmadhan
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 This research is motivated by one problem, namely Ideological offensesregulated in Law Number 22 of 1997 concerning Amendments to the Criminal CodeRelating to Crimes Against State Security (hereinafter referred to as Articles 107a toArticle 107f of the Criminal Code). The existence of these provisions as a result of thedark history of the Indonesian people against the PKI.The purpose of this research is to analyze the Implementation of Law Number 27of 1999 concerning Amendments to the Criminal Code relating to Crimes Against StateSecurity. Law Number 27/1999 explicitly regulates the prohibition of spreading leftistideology by inserting six new articles in Chapter I — concerning Crimes Against StateSecurity — of the Criminal Code, namely between Article 107 and Article 108, which aremade into Article 107 a, Article 107 b, Article 107 c, Article 107 d, Article 107 e, andArticle 107 f .From the results of the research conducted, it shows that the implementation ofLaw Number 27 of 1999 basically regulates two types of crimes, namely: crimes relatedto replacing Pancasila as the state ideology and crimes of sabotage, especially sabotage ofmilitary facilities and infrastructure and sabotage of distribution or procurement staple.Keywords: CRIMES AGAINST STATE IDEOLOGY
PENGARUH VIRALNYA KEJAHATAN DI MEDIA SOSIAL TERHADAP PENEGAKAN HUKUM PIDANA DILIHAT DARI ASAS EQUALITY BEFORE THE LAW Muhammad Fikri; Erdianto Erdianto; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Crimes that go viral on social media have an impact on law enforcement, many crimecases that go viral on social media are starting to be highlighted by law enforcement, the lackof response by law enforcement to viral cases makes the public angry so that the lack of a senseof justice that people feel causes hashtags to appear.#noviralnojustice, for example the victimof a robbery who is made a suspect for killing a robber, this is clearly not in accordance withArticle 49 Paragraph (1) Number 1 of 1946 of the Criminal Code, he should not be made asuspect for reasons of justification, the act of defense is forced for himself or others. Then thepolice who do not take reports seriously, this is not in accordance with the duties andauthorities of the police in Article 13 of Law Number 2 of 2002 concerning Main Duties of theIndonesian National Police. Therefore, the purpose of this thesis research is first, to determinethe influence of social media on law enforcement in Indonesia associated with the principleequality before the law. Second, to find out the law enforcement of the viral case seen from theside of justice.This type of research can be classified into the type of normative legal research. In thistype of legal research, law is often conceptualized as what is written in laws and regulationsor law is conceptualized as rules or norms which are benchmarks for human behavior that areconsidered appropriate. Therefore, the first data source is only secondary data, which consistsof primary legal materials, secondary legal materials, and tertiary data.From the results of this study, the first result was obtained, namely, the existence of socialmedia in the community greatly influences law enforcement, because law enforcement officials,both police investigators, public prosecutors, judges, in carrying out law enforcement havecaused uproar that is felt in society, especially the issue of justice, because in cases of robbery,the police do not see any justification in Article 49 Paragraph (1) of Law Number 1 of 1946which law enforcers are supposed to be fair in providing legal clarity to the public, just theopposite. With social media, the public can monitor the proper law enforcement process.Second, justice is an ideal value that humans always strive for, but in reality, achieving justiceas an ideal value is very complex and never complete, in a rule of law country like Indonesia,efforts to achieve justice are very important and should not be ignored. The influence of justiceon law enforcement has an important role. However, in reality, Indonesian people tend to usesocial media as a means to encourage faster and fairer law enforcement.Keywords: Crime, Social Media,Asas Equality Before The Law
ANALISIS HUKUM TERHADAP PENYIMPANGAN PROGRAM BANTUAN SOSIAL BERKAITAN DENGAN UPAYA MENGATASI COVID-19 Alde Karunia Syarvi; Zulfikar Jayakusuma; Davit Rahmadhan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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This research raises the background of the problem regarding LawNumber 20 of 2001 concerning Corruption Crimes Associated with LawNumber 2 of 2020 concerning State Financial Policy and Financial SystemStability for Handling the Corona Virus Disease 2019 (Covid-19)Pandemic. Second, Social Assistance Program Deviations Practices Seenfrom the Perspective of Law Number 20 of 2001 Related to Law Number 2of 2020. Third, regarding criminal responsibility for deviations fromsocial assistance programs related to efforts to tackle Covid-19.This study aims to: First, to know and understand the practice ofdeviating from social assistance from the perspective of Law Number 20of 2001 in relation to Law Number 2 of 2020. Second, To know and knowcriminal responsibility for deviations from social assistance programsrelated to Covid-19 countermeasures.This research uses juridical-normative research (library lawmethod) because the purpose of this research is to provide a systematicand comprehensive picture or picture. The data analysis used in thisresearch is qualitative, namely the descriptions made by the researcher onthe data collected by not using numbers but in the form of descriptions ofsentences arranged systematically according to the problems beingdiscussed.The results of this study can be drawn from the conclusion that thepractice of deviating social assistance from the perspective of LawNumber 20 of 2001 is associated with Law Number 2 of 2020 committedby an irresponsible party is an act of corruption because it has fulfilledthe elements - elements contained in Law Number 31 of 1999 jo. LawNumber 20 of 2001, this act is classified as a crime, namely corruption.Criminal liability for perpetrators of social assistance programirregularities related to efforts to deal with Covid-19 can be sentenced toimprisonment and fines or can also be sentenced to death, seeing thatcertain elements of circumstances are fulfilled during the Covid-19emergency.Keywords: Covid-19, Social Assistance, Corruption Crime