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ANALISIS YURIDIS PEMALSUAN IDENTITAS OLEH PENJUAL KARTU SUBSCRIBER IDENTITY MODULE INTERNET Sinambela, Winda Handayani; ', Erdianto; ', Erdiansyah
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 establishment of criminal law is expected to be able to overcome legalproblems that occur in society. The existence of criminal sanctions is expected to have adeterrent effect on the perpetrators. If you look into Indonesian criminal law, there is noregulation on identity falsification carried out in electronic media, so there is no sanctionto the perpetrators. If the regulation on counterfeiting is not regulated, there will be manycases of identity forgery using electronic media. So that the value of the identity willdecrease and will cause many other crimes. Adami Chazawi in his book "Crimes RegardingCounterfeiting" said the attack on trust in the truth was in the form of an offense which wasdetermined as a crime. So, falsification of identity by an internet SIM card seller is anattack on trust and truth, because it contains elements of criminal acts, namely forgery(untruth).The purpose of writing this thesis is: First, to find out whether falsification ofidentity by the seller of an internet SIM card contains elements of illegal nature that can beaccounted for in criminal law. Secondly, to find out the ideal idea of legal regulation onidentity forgery by internet SIM card sellers.This type of research is normative legal research or can also be called doctrinallegal research. From the results of the research problem there are two main pointsconcluded, First, falsification of identity by internet SIM card sellers contains elements ofillegal nature, but in Indonesian criminal law there are no rules governing it so there areno sanctions that bind it. Therefore, a rule is needed which regulates the identity forgery.Second, the ideal legal arrangement related to identity forgery by internet SIM card sellersis that accountability can be requested to the perpetrator of identity forgery so that thevalue or significance of the identity can be maintained.
KEBIJAKAN NON PENAL PENGGUNAAN SENJATA API DIKAITKAN DENGAN PENYALAHGUNAAN SENJATA API OLEH ANGGOTA POLRI Putri, Lia Novita; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Crime has become a universal phenomenon, meaning there is no society without any evil. Sadly crimes occurs within the scope of law enforcement itself is the police whose duty to maintain order and welfare of the community. The rise of cases of police misuse of firearms make the lack of public confidence in the Police. Criminal politics as a rational effort of society in tackling crime operationally can be done either through penal facilities or non penal means. Given the limitations / capabilities of criminal law in combating crime misuse of firearms that can not only use penal means but also using non-penal means. When viewed from the perspective of criminal politics on a macro basis, the policy of handling criminal acts of weapons misuse by using facilities outside of criminal law or non penal policy is the most strategic policy. This is because non-penal efforts are more as a precaution against the misuse of firearms. The main objective of the non-penal policy is to address and eliminate the conducive factors causing the misuse of firearms.The purpose of writing this thesis, namely: First to find out how the policy of non penal regulation of the use of firearms associated with the misuse of firearms by the Police, Second to know the weaknesses related to the regulation of the use of firearms by members of the Police linked to the misuse of firearms by the Police.Keywords: Non-Penalty-Abuse Policy-Firearms-Police Republic Indonesia
PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI YANG MELAKUKAN TINDAK PIDANA LINGKUNGAN HIDUP Siregar, Rian Angga Dinata; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Corporate crime or White collar crime especially in environmental crime has its ownconstraints. Determining which board is responsible is quite difficult considering the complex formof management in a corporation. Therefore, there are doubts about the possibility of thecorporation to be liable for criminal responsibility and convicted. There are a number of views onthe criminal construction of a corporation so that it has implications for the difficulty ofdetermining corporate wrongdoing for criminal liability. The desire to ensnare corporationsinvolved in environmental crime cases is indeed not easy to realize. Although there is awarenessabout the importance of protecting the environment among law enforcement officials, the fact isthat it is not easy to ensnare perpetrators. Moreover, the majority of environmental criminaldefendants who were brought to court were either free or only sentenced to probation because ofthe difficulty of proving a mistake by a corporation.This research which is entitled "Criminal Accountability Against Corporations ThatConduct Environmental Crimes" aims to find out the effect of errors in determining criminalliability in environmental crime and describe the ideal model of corporate criminal responsibilityfor environmental crime.This research is a normative research or library research. In this case, the author choosesresearch on the principles of law, namely the principle of error in corporations. The data used inthis study is secondary data. The data is then analyzed descriptively qualitative. The theoreticalbasis used are identification theory, substitute accountability theory, and functional perpetratortheory.The result of this research shows that corporate errors can be taken based on intentionsor omissions found in the people who become their tools. These errors are not individual, because itis related to the corporate that is collective. Thus, the corporation has errors that is taken from themanagement or the board of directors in carrying out the duties of their absolute functionary. It ishoped that the uniformity of rules for corporations is made as a subject of criminal law so as toprovide certainty regarding criminal rules and consistency and a strong foundation in imposingcriminal liability on corporation.
Tinjauan Yuridis Pertanggungjawaban Pidana Terhadap Calon Tenaga Kesehatan Akibat Kesalahan Dalam Tindakan Medis SAMARA, SYNTHIA; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Criminal liability can not be discharged from the discussion of a criminal act. It is impossible for a person to be convicted or liable if the person does not commit a crime. The person must take criminal liability if he has made a mistake. Thus, the occurrence of criminal liability because there has been a crime committed by a person. Doctor Co-ast devote themselves in the health field and have sufficient knowledge and skills to make health efforts. The young doctor is a medical graduate student who follows the medical coercion counselor's office to obtain a medical profession degree. In this case, many of us see there are some hospitals that use the services of Doctor Co-ast. There are, however, some doctors in hospitals who use the services of a Young Doctor or Doctor Co-ast in dealing with the patient if the Doctor is not in place or is examining another patient. However, looking at some examples of cases, there has been an omission done by the dokter co-ast in the hospital he placed but the negligence is not yet known how the accountability of the hospital itself and also from the young doctor. The problems and objectives that will be discussed in this thesis is to know how the criminal responsibility of the candidate of health worker and the hospital for negligence in the medical action done by the prospective health worker.This type of research is normative juridical, because in this study the authors match or evaluate a decision to the law that has been valid, the source data used, primary data, secondary data and tertiary data, data collection techniques in this study by interview and literature study .From the results of this study it can be concluded that the mistakes made by doctor co-ast directly related to the doctor as a party yag party can be held legally accountable that does not show the activities of the young doctor's office during his learning activities in the hospital. And if the occurrence of an action in the form of negligence, then the party responsible for such negligence is the supervisor of the hospital.Keywords: Accountability - Criminal - Medical Personnel - Medical Actions
IMPLEMENTASI RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCABULAN TERHADAP ANAK OLEH KEPOLISIAN SEKTOR MANDAU Fitri, Defira Ratu Sari; Artina, Dessy; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Increasing crime in Indonesia results in the emergence of various modus operandi in the occurrence of criminal acts. In addition, the lack of public knowledge about criminal law causes one to be a victim of a criminal act or a criminal offender. One of the perpetrators is a criminal act of abuse. The offense of abuse is a criminal offense and violates decency and decency. Restorative Justice is an alternative or other way of criminal justice by putting forward the integration approach of the perpetrator on the one hand and the victim / community on the other as a unity to seek. Restorative Justice is the concept of completion on the effort of retaining or repairing / restoring damaged condition or condition as result of a crime. The ones to be restored / repaired / restored are victims, perpetrators of criminal acts, and other damages caused by criminal acts in the community. Therefore, it needs to be studied simultaneously about the First Implementation of Restorative Justice in the settlement of crime against children in Police Sector Mandau. Second, the role of the Mandau Sector Police in settling criminal acts of child abuse.The type of research used in the writing of this law is the study of sociological law. Population and sample are all parties related to the problem studied in this research, data source used, primary data, secondary data, and tertiary data, data collecting technique in this research by interview and literature study.The results showed that there are two main points that can be concluded. First, Restorative Justice can repair damages or losses, restore the situation as it was, and restore the quality of the relationships of the parties involved and related. Not all cases of abusive offenses can be resolved with penal mediation. Rather there must be a selection of crimes that have been committed or are being dealt with. So if it is done with the situation of the victim full of injuries, the recidivists and the occurrence of intercourse, then can not be settled by mediation but done according to the applicable law. Second, the role of the Mandau Sector Police in the settlement of criminal acts of abuses against children, such as Pre-emtive Action and Pre-Ventive (non-penal) Action. The author's suggestion Firstly, the police should improve and maximize its performance in order to implement the protection of the rights of victims of the crime of child abuse in accordance with Law Number 35 Year 2014 regarding the amendment to Law Number 23 Year 2002 regarding Child Protection. Second, For the government so that the investigator / auxiliary investigator to immediately issue a Government Regulation or Legislation Law which is the legal basis for investigators in the application of the concept of Restorative Justice settlement of criminal acts of child abuse.Keywords: Implementation - Restorative Justice - Obscene - Underage
ANALISIS YURIDIS PENETAPAN TERSANGKA PEMBERI KETERANGAN PALSU DI BAWAH SUMPAH DI DEPAN PERSIDANGAN OLEH KOMISI PEMBERANTASAN KORUPSI TERHADAP SAKSI DALAM KASUS KORUPSI Munte, Immanuel; ', Firdaus; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Basically, the Corruption Eradication Commission has the duty, authorityand obligation to conduct investigations, investigations, and prosecutions againstcorruption. One of the basis for arriving at the suspicion of false information isstated in Article 163 of the Criminal Procedure Code, from the formulation of thearticle it is known that one of the grounds for arriving at a false testimony is if thewitness's testimony in the hearing is different from the statement contained in theminutes. The judge has the right to assess the evidence of witness testimony andthe authority of the judge because of his position to determine witnesses whoallegedly gave false information in order to be processed in accordance withArticle 174 of the Criminal Procedure Code. The purpose of writing this scheme,namely; First, to find out the investigators of the Corruption EradicationCommission are authorized to determine the suspect providing false informationto witnesses who testify under oath before a court in a corruption case without acourt order. Second, to find out the arrangement or mechanism for determiningsuspects giving false information to witnesses who give testimony under oathbefore a court in a case of corruption based on the Criminal Procedure Code.This type of research can be classified in the type of normative juridicalresearch, because in this study the author conducted a study of the rules andregulations concerning the problem under study.From the results of the research problem there are two main things that canbe concluded. First, the Investigator of the Corruption Eradication Commissionhas the authority to determine the suspect giving false information to witnesseswho testify under oath before a court in a case of corruption without a court orderconstituting a mistake in law enforcement. Second, the arrangement ormechanism for determining the suspect giving false information to witnesses whotestify under oath before a court in a case of corruption based on the CriminalProcedure Code must refer to the provisions of Article 174. The author'ssuggestion, First, It is expected that there is legal certainty as efforts to overcomedifferences in law enforcement against witnesses who commit criminal acts beforea court hearing, judges and investigators must have clear and written limitationsin the legislation. Secondly, it is recommended that investigators respect theexamination process at a court of law not to investigate cases that are beingprocessed in court without any request or order from the case handling judge.Keywords: Law Enforcement - Witness - False Testimony - CorruptionEradication Commission
TINJAUAN YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP DOKTER DAN RUMAH SAKIT TIDAK MEMBERIKAN INFORMED CONSENT KEPADA PASIEN DALAM HAL TERJADINYA KEMATIAN ATAU LUKA BAGI PASIEN ', Nurhasannah; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The time of the examination the doctor in the hospital, patients have few rights, one of therights of patients who become problems in reality at the moment is the approval of a medicalaction (informed consent). In fact, the approval of the medical act is often denigrated by doctorsand their implementation is often not in accordance with the rules in the Act giving rise tomedical disputes. Consent to medical acts also created due to the therapeutic agreements whichgive rise to rights and obligations for both parties i.e. the doctor and the patient. Informedconsent or it can be a medical act approval of oral and written consent. It depends from the bigand the small risk of the surgery being performed. In the wake of a dispute between medicaldoctors with patients, the hospital also responsible. It is already regulated in Act No. 44 of theyear 2009 About the hospital article 46. Problems in writing how the criminal liability of doctorsand hospitals in case of errors and omissions in the exercise of medical practice. because it cancause disability. Either permanent disability or temporary disability and even cause death.The purpose of this research is to analyse the setting and the criminal liability of doctorsand hospitals do not provide informed consent in case of occurrence of death or injuries for thepatient research methods used in this thesis is the normative legal research, legal research thatis done by examining the references or secondary data, can be called a normative or legalresearch legal research library. This research uses the methodology of research on legalprinciples.The criminal liability of the doctor must see whether due to negligence or deliberateaction, criminal liability of hospitals only as in negligence, criminal liability and other healthworkers should be seen according pelimpahan authority of a doctor. We need a regulationregarding the criminal liability of doctors, hospitals and health workers. Besides the approval ofthe medical act must be run properly because it is the right of the patient, as well as theapplication of congruency should the law against criminal acts of malpractice.
PENYELIDIKAN PELAKU USAHA PERHOTELAN PENERIMA TAMU YANG BERBUAT ASUSILA BERDASARKAN PERATURAN DAERAH NOMOR 5 TAHUN 2002 TENTANG KETERTIBAN UMUM DI KOTA PEKANBARU Amna, Khairinil; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Morality deals with morals, ethics have been regulated in the legislation. Hospitality receptionbusinessmen who do immoral as it should have been regulated in sections 23, 24 and 26 of theregulation Area number 5 year 2002 Regarding public order Pekanbaru. With the rise of thehospitality trade reception which do this very wanton need for investigation by Police teachers 'Praja Pekanbaru in order to prosecute these thoroughly in order to catch every offender whoallegedly received hospitality business guests do the applicable rules as sacrilegious. The presenceof law enforcement law enforcement can be expected to perform tasks correctly so that it can createsecurity and comfort for the community. The purpose of writing this thesis, namely; First, thehospitality trade investigation front desk who do immoral based on applicable local 5-year 2002Number of public order in the city of Pekanbaru. Second, the factors restricting the hospitalitytrade investigation front desk who do immoral based on applicable local 5-year 2002 Number ofpublic order in the city of Pekanbaru. Third, efforts are being made to overcome the obstacles inthe investigation of the hospitality trade front desk who do immoral based on applicable local 5-year 2002 Number of public order in the city of Pekanbaru.This type of research can be classified in types of juridical sociological research, because inthis study the authors direct research on the location or place that is examined in order to give acomplete and clear picture of the problems researched. This research was conducted in the city ofPekanbaru, while population and the sample is the entire parties relating to issues that areexamined in this study, the data source used, the primary data, secondary data and data collectiontechniques, tertier the data in this study with observation, questionnaire, interview and the study oflibrarianship.From the results of the research there are three basic issues that can be inferred. First,investigations carried out several actions i.e., receive reports and complaints, seek information andevidence as well as collecting and processing information. Second, the factors restricting inquiry,factors from law enforcement, the means and facilities, as well as a factor of masayarakat. Third,improving the mentality of law enforcers, adding personnel and increase public participation. Theauthor's suggestion, first, investigations optimally. Second, it can carry out its duties andauthorities which are supposed to be best. Third, the society participated in overseeing theunexpected hospitality reception businessmen who do wanton and reported to law enforcement.Keywords: Investigation - Crime - Wanton - Hotel