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Pertanggungjawaban Pidana Terhadap Pelaku Penderita Shizophrenia Berdasarkan Kitab Undang- Undang Hukum Pidana. ', Safrizal; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In reality, not all crimes are committed by someone who has a healthy mental state. A person who has a mental disorder also has a role in criminal acts. As the case of Rodrigo Gularte drug dealer where the alleged perpetrators are Schizophrenic sufferers. Rodrigo Gularte was sentenced to death in a Supreme Court ruling on the review of No.46 PK / Pid.Sus / 2010. In this case the decision is used as a measure of the extent to which the sufferer of schizophrenia to be asked for criminal responsibility. The purpose of this Thesis Writer is First, to know the criminal responsibility to the perpetrators of Schizophrenia patients based on the Criminal Code. Second, knowing the legal review of the imposition of capital punishment by a judge in the judgment of the Supreme Court Court on the review of No.46 PK / Pid.Sus / 2010 against Schizophrenia perpetrators based on the Criminal Code. Writing this research using the type of normative legal research, reviewing legislation that refers to the Criminal Code. This study has a descriptive nature. Sources The data used are secondary data consisting of primary and secondary legal materials. Techniques of collecting data on literature review method or document study such as books or prevailing laws and regulations. So this study has a relationship in the legislation and in the literature. From the results of research problems there are two main things that can be concluded. First, the criminal responsibility of the perpetrators of Shizophrenia sufferers based on the Criminal Code is included in the category of Article 44, then according to the provisions of criminal law can’t be punished, but the act of the person is still an act contrary to the law (Wederrechtelijk) but the perpetrator is given a forgiving excuse The law so that the perpetrator's (Schuld) errors are erased. Secondly, the legal review of the imposition of capital punishment by judges in the judgment of the Supreme Court Court of Judicial Review No.07 PK / Pid.Sus / 2010 against the Schizophrenic offender under the Criminal Code is not a judge's stance contrary to the principle of legality, based on the judge's conviction and court evidence that the defendant shows an attitude that can be held accountable for his crime.

PENYIDIKAN TINDAK PIDANA PENISTAAN AGAMA MELALUI MEDIA INTERNET OLEH RESERSE KRIMINAL KHUSUS KEPOLISIAN DAERAH RIAU Suri, Aidil Fitri; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Cyber crime is one of the dark sides of technological advances that have a very wide negative impact on all areas of modern life today. Crime which is a crime of cyber crime is Illegal contents, that is evil by entering data or information to internet about something that is not true, unethical, and is considered to violate law or disturb public order. Based on data that writer get at Directorate of Criminal Investigation Special Police Region Riau, there is one form of crime cyber crime namely the Crime of Penusaan Religion through Internet Media, the crime of defamation of religion through internet media regulated in Article 28 paragraph (2) of Law Number 19 year 2016 about the change of Law Number 11 Year 2008 on Information and Electronic Transactions which reads: "Every person intentionally and without right to disseminate information aimed at generating a sense of hatred or hostility of certain individuals and / or community groups based on ethnicity, religion, race and intergroup (SARA)."That sanction a crime of blasphemy through his internet media tour in Article 45A paragraph (2) of Law Number 19 Year 2016 concerning the amendment to Law Number 11 Year 2008 regarding Information and Electronic Transactions reads: Any person who knowingly and without right to disseminate information intended to incite a sense of hatred or hostility certain individuals and / or community groups based on ethnicity, religion, race, and intergroup (SARA) as referred to in Article 28 paragraph (2) shall be punished with imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).The purpose to be discussed in this thesis is to know how the investigation of the criminal act of defamation of religion through internet media conducted by Special Criminal Investigation Directorate of Riau Regional Police, and how the role of an organization of Islam in a settlement of criminal mishandling case and some obstacles that must faced in seeking law enforcement against a crime of Information and Electronic Transactions and efforts to overcome these obstaclesKeyword: Investigation-Ethnicity,Religion,Race And Intergroup (SARA)-Cyber Crime

PEMBERANTASAN TINDAK PIDANA PENYELUDUPAN BAWANG MERAH OLEH PETUGAS BEA DAN CUKAI DI WILAYAH HUKUM KOTA DUMAI Ramadhan, Andika; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The purpose of writing this thesis namely: First, Knowing the efforts made by the Customs officers in eradicating criminal onion smuggling in Dumai City Legal Areas, Second, obstacles in eradicating criminal onion smuggling by Customs officers, Third, the efforts made in overcoming obstacles in eradicating criminal onion smuggling by customs officers.The study was conducted in the unofficial ports of Dumai City, while the population and the sample were all parties concerned with the problems studied in this study, the data sources used, the primary data, the secondary data, and the tertiary data, the data collection techniques in the study this with the observation, interview and literature study.From the results of research problems there are two main things that can be concluded. First, the effort made by Customs officers in eradicating the criminal act of smuggling of onion in Dumai city law area is the participation of the society is still lacking, this is because the people feel lucky, because they can buy the goods of export of foreign origin smuggled with low price and high quality. The high cost of production makes the production less able to compete with goods produced overseas.Second, the obstacles of customs officers in eradicating Red Crime Smearing on the Dumai City Legal Territory in the form of weak coordination and cooperation between officers and inter-related agencies in the field provide opportunities for smuggling. Suggestion Writer, First, It is expected to Customs to increase patrol intensity in every territorial waters of Dumai City and its surroundings. Especially in the ports and rats (unofficial) that are not supervised by the authorities and run the provisions of customs administration consistently, considering it is very detrimental to the State of Indonesia from the tax revenue sector.Second, for the PPNS Directorate General of Customs to provide punishment and a maximum penalty for the perpetrators, in order to have a deterrent effect on the perpetrator and be a lesson for other people not to commit the criminal act of the smuggling. Third, the community is expected to participate actively in preventing the occurrence of criminal acts of smuggling, with care about the situation and conditions around each and can inform the parties to the Customs.Keywords : Customs, era dication of criminal offense, onion

ANALISIS YURIDIS TERHADAP PEREMPUAN SEBAGAI KORBAN PERDAGANGAN MANUSIA DALAM PEREDARAN GELAP NARKOTIKA DI INDONESIA Sembiring, Damenta; Deliana, Evi; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the European continent, especially Britain, human trafficking andslavery began with the conquest of the British state to several countries outsidethe European continent. Slavery or servitude has existed in the history of theIndonesian nation. In the days of previous kings, women were a complementarypart of the feudal system of government. In the era of globalization, slavery is rifein its illegal and veiled form in the form of trafficking in women. Women areemployed in dangerous sectors, forbidden work, for forced labor, victims ofsexual exploitation in pornography, prostitution and the most attention is made asdrug couriers. Women do not know that the work that they do does often have todeal with the law even though the women involved are only victims of a crime.The type of research used by researchers is normative juridical legalresearch or can also be called doctrinal legal research. Normative legal researchis a literature study of legal studies. In this normative research the law isconceptualized as what is written in the legislation (law in books) or also the lawis conceptualized as a rule or norm which is a standard of human behavior that isdeemed appropriate. In this study researchers conducted research on theprinciples of law, by way of making prior identification of the legal principles thathave been formulated in the legislation. This study utilizes descriptive methods.The results of this thesis research, it can be seen that women's traffickingis closely related to narcotics crime. The main finding in this study is one of themost prominent patterns in narcotics distribution is the use of women as one ofthe links, especially as narcotics couriers. The existence of women in the narcoticstrade is a chain of trafficking in women that at first glance does not appear(invisible) and is difficult to identify if it does not critically study it. For thisreason, in the legal process and law enforcement against a criminal act,especially in this research must be careful to realize justice for women victims.Suggestions in this thesis research considering that there are still manyinvitations found that are discriminatory against women in the framework of theirlegal protection, it is suggested that a revision of the Law be made. Finally, inorder to break the chain of trafficking in women, especially in the form ofnarcotics circulation must require mutual concern and be the responsibility of allparties, because it concerns the future of the future generation.Keywords : Trafficking of Women - Victims – Justice

PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN GUNA MENCEGAH TERJADINYA TINDAK PIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A KOTA PEKANBARU MENURUT UNDANG - UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN ', Jepriza; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Pekanbaru City Class II A Penitentiary as a sub-system of criminal justiceunder Law No. 12 of 1995 plays a role in the process of preventing criminal actsby providing guidance to inmates, conducting guardianship, and guiding inmates.So from that, the writing of this thesis formulates two problems, namely: First,what is the process of guiding inmates at the Class II A Correctional Institution inPekanbaru City? Second, what are the inhibiting factors in fostering prisoners atthe Class II A Correctional Institution in Pekanbaru City?This type of research can be classified in the type of sociological legalresearch (empirical), This research was conducted at Pekanbaru City Class II ACorrectional Institution, while the population and samples were Head of Class IIA Pekanbaru Lapas Security, Class II A Pekanbaru Class Security and ProcedureSection Head, Class II A Pekanbaru Lapas Security Officer, and Prisoners. Thedata sources used are primary data, and secondary data. Data collectiontechniques in this study were interviews, questionnaires, and literature review.From the results of the problem research there are 2 main things that canbe concluded. First, the process of fostering the prisoners in the Class II ACorrectional Institution in Pekanbaru can be said to not run optimally. This isevidenced by the limited facilities and infrastructure to support the developmentprogram, the state of Lapas that has over capacity, not all prisoners are willing totake part in the coaching program, the number of prisoners who use drugs inprisons, guards officers who are caught making illegal levies, and finally the lackof correctional officers in the field of guidance and teaching staff of thedevelopment program so that the correctional system does not work well inPekanbaru Class II A Correctional Institution. Second, efforts can be madetowards fostering inmates at Pekanbaru Class II A Correctional Institution,namely: overcoming the number of occupants who are over capacity, placingprisoners based on cases, making subtle approaches to inmates who are notwilling to take part in coaching programs, making additional efforts facilities andinfrastructures that support the coaching process, make efforts to add coachingteaching staff and security officers,

KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN PENGGUNAAN DOPING OLEH ATLET Kusuma, Wimroh Putut Wijaya; Artina, Dessy; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Doping is the administration of drugs or ingredients orally or parastallyto an athlete with the aim of increasing unnatural precision. In the Republic ofKenya, imprisonment and fines are imposed on athletes who have been proven touse doping in sports competitions contained in the Act of Kenya Anti-Doping ActNumber 5 of 2016. While in Indonesia doping is regulated in Law Number 3 of2005 concerning the National Sports System and Government Regulation Number17 of 2007 concerning the Implementation of Sports Week and Championship,which clearly prohibits the use of doping in every sports competition. However,there is a void of norms in the rules to become a fundamental problem in lawenforcement in carrying out these rules. The purpose of writing this thesis is:First, to find out the regulation of the ban on doping by athletes in Indonesia.Second, to find out the ideal concept of criminal law policy in overcoming dopinguse by athletes in Indonesia.This type of research can be classified in the type of normative legalresearch, because in this study the authors conducted research by examininglibrary materials. The data sources used are secondary data consisting of primarylegal materials, secondary legal materials and tertiary legal materials, becausethe authors conduct research on the principles of law by utilizing descriptivemethods to provide an overview of the handling of doping use by athletes.From the results of the study it can be concluded, First, the regulation onthe prohibition of doping use in Indonesia is regulated in Law Number 3 of 2005concerning the National Sports System System and Government RegulationNumber 17 of 2007 concerning the Implementation of Sports Week andChampionship. Second, the ideal concept of criminal law policy in the effort toovercome the use of doping by athletes requires a criminal law policy by applyingseveral stages, namely the formulation (legislative) stage, application (judicative)stage and execution (executive) stage. In hopes of redesigning doping rules inIndonesia and so that athletes understand the doping dangers for health and thegovernment to impose criminal sanctions in doping laws as well as in Kenya.Keywords: Doping-Use-Athlete

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PROSTITUSI OLEH KEPOLISIAN RESORINDRAGIRI HILIR Amri, Ruhul; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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At this time the level of poverty in Indonesia has increased very high this is due to the deterioration of our country's economy, resulting in the number of companies forced to close his business, it is that trigger the public to be able to find any job that can sustain daily life both legal and illegal, this also trigger the occurrence of social problems in Indonesia one of the most prominent is the emergence of prostitutes or prostitution practices from both young women to middle-aged women. The purpose of this study is to determine the authority of the police to enforce legal action against prostitution crime, police action against pimps and prostitutes, and efforts made to overcome obstacles faced in law enforcement of prostitution crime by Indragiri Hilir Resort Police.The type of this research is sociological legal research whereas if viewed from the nature of this research is descriptive. This research uses primary data that is data obtained directly from the source pertama.dan secondary data that is data that has been so.The result of this research is the authority of the police to enforce the law against the crime of prostitution is done only to the rules set forth in the Criminal Code Article 284, 295, 296. 297, 506 and Law Number 21 Year 2007 on the Crime of Trafficking Persons to cause deterrent effect actors Indragiri Hilir Resort Police action against pimps and prostitution actors in addition to applying the article of the Criminal Code, has also conducted the control of places - places where allegedly providing sexual services and conduct coaching of commercial sex workers caught. The obstacles found by Indragiri Hilir Police in in law enforcement against prostitution crime is the absence of strict regulation to arrange PSK and consumer using PSK services. The existing regulations are only firmly binding for commercial sex service providers ie pimps or pimps. Indragiri Hilir Resort Police can only conduct curbing and only catch commercial sex workers who then only given coaching without being able to catch the CSWs and consumers who receive the services of commercial sex workers. At the time of the arrest operation, much information came to the ears of the prostitutes so that they were prepared to anticipate and escape before the operation was carried out and at the time of raiding the prostitutes and those who were caught by the raid were only recorded, and given directions without any sanction of detention . The efforts undertaken to overcome these obstacles are the Indragiri Hilir Resort Police conducting preventive measures ie preventive business manifested in activities to prevent prostitution and repressive curative activities to suppress (eliminate), and efforts to heal the perpetrators of prostitution to bring they are on the right path.

KEDUDUKAN SAKSI VERBALISAN DALAM KITAB UNDANG-UNDANG HUKUM ACARA PIDANA. NABABAN, LIA DANIATI; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The verbal witness is a witness from the investigator where his presence in court has not been regulated in the Criminal Procedure Code, but is often presented in court when the defendant revokes all or part of the investigation report (BAP) which has been made before the investigator in the hearing. The purpose of this thesis, namely; first, the validity of the testimony of verbal witnesses and their relationship with Article 184 of the Criminal Procedure Code of legal evidence; secondly, the extent to which the testimony of verbal witnesses influenced the judges' decision in the present trial in Indonesia. This type of research is normative legal research, namely research on legal systematic, where research on legal systematics is the study of certain legislation or written law. The aim is to establish identification of the fundamental terms of rights and obligations, legal events, legal relations and legal objects. From the results of the study and discussion it can be concluded that first: the testimony of the verbalist witness will be valid if given under oath and by the testimony judge of the verbalist witness can be used as evidence of evidence in court; second, the testimony of the verbal witness is limited to what is recorded by the investigator during the investigation process so that it becomes the sole responsibility of the judge to conclude the abrogation of the defendant's BAP is acceptable or not by assessing the suitability of the testimony of the witness of verbalism with other evidence presented in the hearing. Suggestion of the writer, first: the witness of verbalism should at the time of giving testimony in the hearing to give an honest statement considering his testimony will be used by the judge as evidence of evidence in the hearing. Secondly: the judge should possess the skills and legal skills and mature mastery skills of the subtlety of the proof so that if the defendant revokes the BAP that has been made before the judge's investigator will be able to consider by judging the suitability of the evidence presented in court.

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PERPAJAKAN DALAM UNDANG-UNDANG PERPAJAKAN DI KANTOR WILAYAH DIREKTORAT JENDERAL PAJAK RIAU DAN KEPULAUAN RIAU Nurfazilah, Rani; Indra, Mexsasai; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Law enforcement is a series of efforts, processes and activities to make the law apply as it should. Tax is seen as very important in a welfare state that is as an income to improve the social welfare of the people in the country. But in reality in Indonesian society in general, often there are criminal acts in the field of taxation in the form of negligence and intentionality, both by the taxpayer itself. So that there is a loss of state financial revenue that comes from taxes. The purpose of writing this thesis is First to find out the law enforcement conducted by the Directorate General of Tax of Riau and Riau Islands against the perpetrators of taxation crimes in Riau. Secondly, to find out the factors that cause taxpayers to commit taxation crimes at the Directorate General of Tax Riau and Riau Islands. Third, to find out the obstacles faced by the Directorate General of Tax Riau and Riau Islands in carrying out the enforcement of taxation criminal law by taxpayers.From the results of research conducted there are three main things that can be concluded. First, law enforcement in the field of taxation in general has not been optimal and implemented as expected. Because in the implementation of taxation criminal law enforcement prioritizes tax criminal law which is ultimum remedium meaning criminal acts as a last resort if previous efforts such as appeals, coaching then inspection of taxpayer compliance is not ignored. Second, there are several factors that cause taxpayers to commit taxation crimes, especially factors from humans themselves. Third, there are several obstacles and must be resolved faced by the Directorate General of Tax, Riau and Riau Islands, in carrying out enforcement of taxation criminal acts by taxpayers.Keywords: Law Enforcement-Tax-Tax Crime

Tinjauan Yuridis Putusan Hakim Yang Memutuskan Perkara Tindak Pidana Narkotika Diluar Surat Dakwaan Berdasarkan Pasal 182 Ayat (4) Kitab Undang-Undang Hukum Acara Pidana (Studi Kasus Perkara Nomor: 56/Pid.Sus/2016/PN.Bkt) Devas, Afifah Fatharani; ', Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Daily law enforcement always administration preoccupied by a variety of criminal acts that occurred in the middle of the community, including the crime of narcotics. The crime of narcotics must be dealt with and processed by the criminal justice system. In the process of the trial, the judge who was instrumental in deciding a matter. Under article 182 subsection (4) the book of the law of criminal procedure that the Tribunal Judges do the deliberations to take a decision should be based upon indictment and everything that is proven in the examination at the hearing. In the decision-making there is a possibility the judge memutusakan the matter outside of the indictment. While the indictment was instrumental as the basis of the implementation of the resolution of the criminal case.The purpose of this thesis research namely: first, to find out the consideration of judge decided a matter outside the indictment in the criminal offence of narcotics. Second, to know the legal consequences for the verdict outside the indictment in deciding a matter the crime of narcotics.This type of research is classified in types of juridical normative research, because in this study the authors use the study material libraries such as official documents, books for research. In this study, the source data used the primary data, secondary data and data tertier. Data collecting techniques, in this study with the method of the study of librarianship or documentary studies.From the results of research, there are two things which can be inferred. First, the basic consideration of the Tribunal is judge on the verdict the number 56/Pid. Sus/2016/PN. Bkt Bukittinggi, based on the District Court to the Supreme Court RI circular letter number 07 Year 2012, that the judge can make a legal breakthrough because the judge is not a funnel the Act. Second, the legal consequences for the verdict outside the indictment in deciding a matter the crime narcotics namely annulled by law. Because the ruling is not in accordance with the provisions of the book of the law of criminal procedure as provided for in article 182 subsection (4) the book of the law of criminal procedure. The author's suggestion, first in conducting deliberations for a decision of the Tribunal shall Judge according to the provisions in force. Second, in the Tribunal's ruling the judge had dropped the freedom and interpretation, but still there are restrictions that must be observed. We recommend that the Tribunal judges do not do errors-errors in dropping the verdict against the defendant, the Tribunal shall Judge understand the rules that apply.Keywords: Crime – Indictment – Verdict - Judge

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