, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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PELAKSANAAN PUTUSAN HAKIM YANG TELAH BERKEKUATAN HUKUM TETAP ATAS PENGEMBALIAN BARANG BUKTI DI KEJAKSAAN NEGERI INDRAGIRI HULU Setio, Heri Anjar; Indra, Mexsasai; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The AGO is not only in charge of prosecution, but also as executor of the judges decision which has obtained permanent legal force, as regulated in Article 270 of the Criminal Procedure Code which appoints the prosecutor as the executor of the court decision. Therefore the Public Prosecutors Office Indragiri Hulu in addition to the prosecution of criminal acts, also focused on the evidence that has been picked on the content of court decisions. Which is known in terms of execution of judicial decisions by judges about the evidence is so under-emphasized because in the case of the trial, the defendant in the case of the criminal act is focused. Judging from its authority, the prosecutors office has the right in returning the evidence which has been listed by the judge in the execution of the court decision whether it belongs to the defendant or the victim, judging from the storage place of the evidenced so much, the writer is interested to examine the execution of the judges verdict which has the permanent legal force for the return of evidence at the Indragiri Hulu State Prosecutor Office.The researcher wants to study and answer the problem of how the execution of the judges decision which has the permanent legal force over the return of the evidence? as well as the barriers that occur in the implementation of the return of evidence that has obtained legal force remains? and also how the efforts undertaken in overcoming the barrier of return of evidence that has obtained legal force remains?The method that writer use is by method of sociological approach with collecting data as follows: literature study, document study, and interview.The results of the study and discussion can be concluded that the judge made a letter of passage of the verdict, the decisions came out 1 week after the verdict was read by the judge. The petition of the verdict is then granted to the prosecutor for the prosecutor to prepare the minutes of the judges determination (BA-6) and make the report of the evidence-taking event (BA-20), then (BA-6) and (BA-20) awarded to the defendant or party which is mentioned in the contents of the decisions made by the judge, because the minutes of the proceedings constitute notification of the collection of evidence as stated in the contents of the decision in the Prosecution or RUPBASAN. Constraints in the implementation of the return of evidence by the prosecutor that the lack of clarity of the address to the owner of the evidence, the vehicle is still a credit, and the period of return of evidence has not been set in concrete causing the storage space of evidence becomes full, Suggestion case author who has received the decision of Inkracht Prosecutor the executor of the judges verdict shall promptly return the evidence to the person mentioned in the content of the decision or those who are entitled in accordance with the laws governing it. As well as the addition and renewal of infrastructure to minimize the accumulation of evidence at the AGO and RUPBASAN.Keywords: Procurator - Goods Proven - Judges Decision
PENCABUTAN PENGADUAN PADA KASUS TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN PASAL 75 KITAB UNDANG-UNDANGHUKUM PIDANA DIKAITKAN DENGAN KEADILAN RESTORATIVE JUSTICE (STUDI KASUS KEPOLISIAN SEKTOR TAMPAN PEKANBARU) Sari, Iis Fatmala; Indra, Mexsasai; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Domestic violence is not a new thing, but it is a crime that has long been rooted in the culture of society. As set forth in Article 51 to Article 53 of Law Number 23 Year 2004 on the Elimination of Domestic Violence is a complaint offense, in which the victim can determine whether the case has been reported to be terminated and revoked by his complaint or will continue until before the demand is read out at Court. In some cases of domestic violence that often ends in the settlement of cases Domestic Violence ends a verdict for the imposition of a prison sentence to the perpetrator.Based on the background of the problems that the authors describe above, the authors are interested to conduct research with the title: "Removal of Complaints in Cases of Criminal Acts of Domestic Violence Under Article 75 Criminal Law Code Related to Justice Restorative Justice (Case Study Police Sector Tampan Pekanbaru)" . With the formulation of the problem that is how the process of settlement of Criminal Violence in Households based on restorative justice by Pekan Sector Police Tampan Pekanbaru? And what are the obstacles to solving domestic violence based on justice of restorative justice by Pekanbaru Charming Sector Police?This research is a type of sociological legal research (empirical), which is the research of sociological law is as an effort to see the effect of the validity of positive law on the life of the community, because in this study the authors directly conduct research on the location or place studied in order to provide a complete picture and clear about the problem under study. From this study the authors obtained the result that the process of revocation of the complaint must be approved by the victim which is done through the mediation process suggested by the Tampan Police. Barriers often experienced by the Tampan Police is because most victims and victims do not want to reconcile with the perpetrator because they still feel resentment or disappointed with the act of the perpetrator.Key Words : Domestic Violence, Restorative Justice, Police Sector of Tampan, Complainment
PENEGAKAN HUKUM PIDANA DALAM UPAYA PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI HASIL TINDAK PIDANA NARKOTIKA DI KOTA PEKANBARU (Studi Pada Kejaksaan Negeri Pekanbaru) Ananta, Bella; Effendi, Erdianto; , Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The crime of illicit drug trafficking has long been believed to have a close relationship with the money laundering process. Organized crime always uses this money laundering method to conceal, disguise or obscure the illicit business result in order to appear as if it were the result of legitimate activities. The proceeds of the narcotics sale are used again to commit a similar crime or develop new crimes. Background of illegal narcotics perpetrators who transfer and conceal the property of proceeds of crime through the financial system and reinvest the proceeds of crime for further criminal acts or into legitimate business.This type of research can be classified with the type of sociological juridical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problem under study. This study was conducted in the jurisdiction of the Pekanbaru District Attorney, while the population and sample were the whole parties related to the problems studied in this study. Sources of data used, primary data and secondary data and tertiary data, data collection techniques in this study by observation, interview and literature study.From the results of this study that the authors do can be concluded. First, the process of the case has been implemented starting from the research process. Police investigator investigations, complete court files (P21), court proceedings to court, indictment, prosecution, verdict, until the prosecutor executes the judge's verdict. Secondly, the obstacles faced coming from Narcotics crime are divided into 2, namely Internal Barrier: Politic Will or the will of the authorities and still lack of training and money laundering education on a scale. External Barriers: The limited authority of PPATK, For Financial Service Providers / CHD has not been optimal with the principle of knowing the customer, understanding of reversing or reversing the burden of proof.Keywords: Law Enforcement - Proof - Money Laundering