, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

Penerapan Sanksi Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Berdasarkan Undang-undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik di Pengadilan Negeri Medan (Studi Kasus Perkara Nomor 248/Pid.Sus/2016/PN.Mdn) Saragih, Nessia Gresyola; Deliana, Evi; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

Abstract

The criminal defamation is a crime caused by the advancement of computer technology. Defamation is a lawless act that attacks the honor or reputation of others. The application of law against defamation offenders is regulated in Law Number 11 Year 2008 on Information and Electronic Transaction Article 45 paragraph (1): "Any person who meets the elements as referred to in Article 27 paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with a maximum imprisonment of 6 (six) years and/or a fine of not more than Rp 1,000,000,000.00 (one billion rupiah).The type of research or approach done by the author is the study of socio-legal law. This research conducted in Medan District Court. This location was chosen because of a criminal defamation case in Medan. In this study the authors use data sources that can be grouped as follows: Primary data, is data obtained directly in the location of research. Secondary data, is data obtained indirectly through the literature (library research).Article 27 paragraph (3) of Law Number 11 Year 2008 on Information and Electronic Transactions "any person intentionally and without right to distribute and/or transmit and/or make accessible electronic information and/or electronic documents containing insult and/or defamation. In the application of criminal sanctions against defamation cases in Number 4248/Pid.Sus/PN.Mdn, The Judge has sentenced the defendant Angelica Rivera to 2 (two) months imprisonment and stipulates that the crime is unnecessary, except later on the order of the Judge. The defendant was sentenced to a previous trial for 4 (four) months. The application of sanctions also concerns the judges' considerations that can alleviate punishment against defamation offenders.Keywords : Criminal act-Defamation-Social Media
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN IZIN TINGGAL OLEH WARGA NEGARA ASING BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI KANTOR KEIMIGRASIAN KELAS I PEKANBARU Saragih, Jusuf Fransen; Indra, Mexsasai; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

Abstract

As contained in Article 1 number 21 of Law Number 6 Year 2011 on Immigration, Tingga Permit is a permit granted to foreigners by an immigration official or an official of a foreign office to reside in the territory of Indonesia. It permits the stay by foreigners is a provision which is prohibited by law no mor 6 of 2011 on immigration governed by Article 122 which reads, shall be punished with imprisonment for a period of 5 (five) years and a maximum fine of Rp500. 000.000,00 (five hundred million rupiah): a. Any foreigner who deliberately misuses or performs activities that are inconsistent with the intent and purpose of granting a residence permit granted to him; b. Any person who orders or gives opportunity to a foreigner misuses or undertakes activities that are inconsistent with the intent or purpose of granting the residence permit granted to him or her.The type of research or approach done by the author is juridical sosilogical legal research. This research was conducted at the Office of Immigration Class I Pekanbaru. This location was chosen because the criminal case of immigration permit misuse was done by foreigners in Pekanbaru area. In this study the authors menggunakas data sources that can be grouped as beriku: Primary data, ie data obtained directly in the location of research. Secondary data, that is data obtained indirectly through a library (library research).From the research problems that dihad fire by the Immigration Office Class I Pekanbaru, namely: First, the law enforcement carried out by the criminal act of abuse of immigration to the residence permit by foreigners. Second, obstacles or experienced pengahambat factor k piha weld Immigration All I Pekanbaru in conducting law enforcement abuse of a residence permit is the lack of immigration officials is not comparable to the work area. Third, efforts made piha k Immigration Class I Pekanbaru in overcoming one of them is proposing the addition of an immigration office in each district in order to facilitate monitoring of the presence of strangers.Keywords: Law Enforcement-Crime-Abuse-stay permit
KEKUATAN ALAT BUKTI KETERANGAN SAKSI YANG MEMILIKI HUBUNGAN DARAH DENGAN TERDAKWA DALAM PROSES PEMBUKTIAN DI PENGADILAN SARI, APRI MONA; , Erdianto; , Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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

Abstract

Proofing process in the trial is passed by a process of examination of evidence of witness testimony. In this case, the researcher wants to know the verification process of Decision Number 106 / Pid.B / 2013 / PN.Pbr, then Decision Number 272 / Pid.Sus / 2017 / PN.Pbr, and Decision Number 451 / Pid.Sus / 2017 / PN.Pbr, because in some of these verdicts the witness is someone who has a blood relationship with the defendant. However, in Decision Number 46 / Pid.Sus / 2013 / PN.SLW witness who has a blood relationship with the defendant can not be presented as a witness in court due to having a blood relationship with the defendant. The type of this research is normative juridical that is to analyze the provisions rather than the legislation seen from the decisions by the judge, using secondary data obtained from primary law material, secondary law material and tertiary legal material. Data collection techniques for legal research is used literature review method and data analysis used deductive analysis, which is drawing the conclusions of the general arguments to the arguments of a special nature.It can be concluded based on the formulation of the problem of the first researcher, the evidentiary process of witness testimony that has blood relation with the defendant is not all criminal acts are allowed for witnesses who have blood relation giving testimony in the hearing, the setting of witnesses is also unclear and has no legal certainty. Secondly, the basis of the judge's consideration in deciding on the evidence of witness testimony that has a blood relation with the defendant in this proofing process is that of the decision number 106 / Pid.B / 2013 / PN.PBR, 272 / Pid.Sus / 2017 /PN.PBR, and verdict number: 451 / Pid.Sus / 2017 / PN.PBR provides consideration for witnesses who have a blood relationship, and in the decision number: 46 / Pid.Sus / 2013 / PN.SLW for witnesses who have a relationship blood can not be filed as a witness in court for violating Article 168 of the Criminal Procedure Code, in which the witness having blood relation is presented as a lightening witness to the defendant. The first author's suggestion should be to authorized officials to make the law more thorough in its manufacture. More systematic preparation, let alone related to the problem of the witness should be arranged more fully and clearly. Second, crimes committed within the family should be resolved in a familial way, if it is still possible to settle with the family itself rather than finally through legal proceedings in court.Keywords: Proof Process Description of Witness Having Blood Relation with Defendant - Legal Certainty.