Faculty of Law

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    1 PENGATURAN PIDANA MATI DALAM TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 199 JO UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI
    (2013-07-20) Sari. P, Denny Yunita
    The Regulation of the death penalty in corruption criminal in Indonesia had been pros and cons. For those who are pros, it’s criminal time the death penalty in apply considering height the grade who corruption in Indonesia and corruption also is extraordinary crimes and for cons, regard as the death penalty to corruptor was eccessive because the death penalty violates human rights. Regardless of the pros and cons, of some criminal outside special in the criminal code that regulated about the death penalty, only criminal acts of corruption that have never applied the death penalty.
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    AKIBAT HUKUM TERHADAP PERJANJIAN GADAI YANG BARANG JAMINAN BERASAL DARI HASIL KEJAHATAN (Studi Kasus Di PT. Pegadaian (Persero) Cabang Gurun Lawas Kota Padang Dengan Pemberi Gadai)
    (2013-07-24) Sinuhaji, Natalia Donetha
    Pawning is defined as non-bank financial institution. Powning orients in case of money leasing servise with moved thing as the form of guarantee. The most essential aspect of pawning right is that the thing guaranted is hold by pawning service provider, but it is not. To be abused, inspite of being a guarantee on the money loan payment from the pawner to the pawning service provider. Company keeps the thing guaranted always with accordance of good intention as the reason.
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    Analisa Putusan Tindak Pidana Korupsi yang terjadi diwilayah hukum Pengadilan Negeri Pekanbaru
    (2013-03-16) Seprianingsih
    Corruption is an act with intent unlawfully enrich themselves or another person ( individual or corporate ) that may adversely affect the financial or the state`seconomy. Corruption cases in riau province each year has increased, the number of cases of proven corruption that goes on the court Negeri Pekanbaru. Berdasarkan this understanding, the writing of this thesis ruformulation formulated two issues, namely : how do the charecteristics of the first cases of corruption in Pekanbaru? Both how disparity decisions Pekanbaru Corruption Court ? From the results of this study there are two main things that can be inferred. Firstly in cases of corruption that occurred diprovinsi the Riau region Pekanbaru Negri jurisdictions, legal corruption. The definition of legal corruption is corruption legislation passed through the area, the regional budge. The form can be traced through the project, inpromptu projects and project assistance. Corruption conservative. Froms of corruption include, acts of nepotism which provide maximum opportunities to families and close friends to benefit the post he held. Corruption routine expences. The design cost of routine office operations by preparing anggaranya no real interest each month. Every year fixed rountine office operations and is always increasing, although not consumable items older than a year . both judging from the quality of the decision, according to the author, there is lump and should be observed carefully. Which of the four cases of corruption charge, there are two cases together, but split into multiple files. Case comes from the same case and the same party, only later examination the case was split into several files (splitsing). So the case is characteristics ranging from indictment, prosecution, examination of evidence and witness even supposed to dijatuhkan. Namun decision, because the case is split into beberapa file (splitsing), then the consequence is that each file examined by the panel of judges different. And inequality understanding of the law of corruption would be a hindrance to law enforcement.
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    ANALISIS HUKUM DAMPAK BELUM DIRATIFIKASI KERANGKA KERJA KONVENSI PENGENDALIAN TEMBAKAU (FRAMEWORK CONVENTION ON TOBACCO CONTROL) BAGI INDONESIA.
    (2013-07-18) Santoso, Aditia Bagus
    Framework Convention On Tobacco Control (FCTC) is International treaty that effort tobacco control for healthy world under WHO. Indonesia has not yet ratified FCTC so far the impact which will be accepted Indonesian has not ratified the treaty into national law while many state in the world that has ratified and observe what strategic steps that should be taken in regard by Indonesian.
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    ANALISIS KEWENANGAN PRESIDEN DALAM PEMBERIAN GRASI TERHADAP TINDAK PIDANA NARKOTIKA
    (2013-07-20) Siregar, Dermawani
    Unitary Republic of Indonesia is a country that adopts a presidential administration. In a presidential system of government is there prerogative held by a President as Head of State and Head of Government. One of these was the prerogative in granting clemency authority is not absolute. Granting clemency by the President to the convict should be limited, as set out in Article 14 Paragraph (1) of the Constitution of the Republic of Indonesia that, "The President gave clemency and rehabilitation by taking into consideration of the Supreme Court." It also respect the principle of Checks and Balances and the relationship of authority between the president and other state institutions, the granting of clemency Clemency regulated in Law Number 22 Year 2002 and then converted into Law No. 5 of 2010 states that a prisoner can only ask for clemency filed once unless convicts clemency had been denied him clemency and had passed two years.
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    ANALISIS KRIMINOLOGI TERHADAP PELANGGARAN MINUMAN KERAS DI KECAMATAN KAMPAR TIMUR
    (2013-07-19) Efendi, Afdal
    With the rapid progress and development of the times in the various fields that are in line with developments in science and technology, apparently affect the behaviour of peaple who love to consume alcoholic beverages that are custom foreign nation that does not comform to the habits of indonesian society. That kind of thing was also experienced by the citizens in the districts of east Kampar, where drinking liquor has penetrated into every society. Therefore, the action should receive serious attention from all circles, both by law enforcement, government and the community itself.
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    ANALISIS PENYELESAIAN KREDIT MACET DI PT. BANK MANDIRI PERSERO PEKANBARU MELALUI ALTERNATIF PENYELESAIAN SENGKETA
    (2013-07-24) Putri, Ramanitya Dewi
    Banking was one of fund resource for both individual and corporation in order to fulfill the need of fund. In giving the credit banking will be carefully and through deep analysis. But in giving their credit some times credit given by the debtor not back on time. This condition called credit problem. That credit problem annoyed bank performance, therefore credit problem should be solved by both litigation or non litigation line.
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    ANALISIS PUTUSAN HAKIM PADA GUGATAN PERBUATAN MELAWAN HUKUM DI PENGADILAN NEGERI PEKANBARU PERKARA NOMOR : 139/PDT/G/2011/PN.PBR
    (2013-07-20) PRATIWI, DICHA ARDITA
    Enforcement of civil procedure is done through a judicial process in the form of a lawsuit or petition. Lawsuit or petition was conducted in the courts as the last bastion. As the last bastion of the court should be able to give you a sense of fairness, certainty and expediency or at least close to the flavor.
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    Analisis Putusan Yuridis Informasi Elektronik Sebagai Alat Bukti Yang Sah dalam Kasus Prita Mulyasari
    (2012-12-05) Siallagan, Alponso U; Bachtiar, Maryati; Fitriani, Riska
    The sophistication of Internet technology to penetrate the boundaries of time and distance, so the physical boundaries of the state is no longer a barrier to communication and interaction of the various interests of the community. The ability of the Internet has changed the way of thinking, interacting and act also impacts the law. The law is usually based on something real (physical) but the Internet has changed the real thing into something that is electronic, like send a letter via e-mail. This means requires a broad understanding of the evidence in the trial. However, although the arrangement of the power of e-mail in the trial process but clearly there is no evidence in the form of electronic data in the form of e-mail has been recognized. A case in point is the case of Prita Mulyasari against The RS OMNI INTERNATIONAL, in which case began when Prita Mulyasari write an e-mail or electronic mail containing complaints about the service The RS Pritchard OMNI INTERNATIONAL scattered to various mailing lists that result from it Party RS OMNI INTERNATIONAL felt aggrieved and suing Prita Mulyasari the Civil Code to the Tangerang District Court. From the results of this study, there are three main things that can be inferred. First, that the position / existence of an electronic information as valid evidence in the case of Prita Mulyasari has a clear position that can be seen clearly in the Law No. 11 Year 2008 on ITE Article 5, paragraph 1 to 4, then the electronic evidence is an extension of the tool existing evidence in civil procedure law; Secondly, that these considerations to the case of Prita Mulyasari judge related to electronic information is a consideration that discusses thoroughly the contents of electronic mail or e-mail Prita Mulyasari or electronic information which according to the judges on the district court and the High Court is against the law in accordance with the basis of a lawsuit filed by the Plaintiff, while the level of the Supreme Court of the Supreme Court in a judgment stated that the action was not proven Prita Mulyasari committed an unlawful act. Third, the court ruling against Prita Mulyasari not comply with Law No. 11 Year 2008 on Information and Electronic Transactions that can be seen clearly in all the considerations and decisions that never entirely referring to Law No. 11 Year 2008 on Information and Electronic Transactions.
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    ANALISIS TERHADAP KEPAILITAN PENJAMIN PRIBADI (BORGTOCHT) DALAM PERKARA KEPAILITAN NOMOR 09/PAILIT/2005/PN.NIAGA.JKT.PST
    (2013-07-23) Hadi, Khamarul
    Article 1 (1) Labor Law and PKPU stated that bankruptcy is a general confiscation of all wealth management and the bankruptcy debtor settlement by the Trustee under the supervision of the supervisory judge as set forth in this law. Article 2 paragraph (1) of Law No. 37 of 2004 on Bankruptcy and Suspension of Payment stating that the requirement that a debtor can bankrupt the debtor is to have at least 2 creditors and the debt that has matured and can be billed.
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    ANALISIS WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT INSTRUKSI PRESIDEN NOMOR 1 TAHUN 1991 TENTANG KOMPILASI HUKUM ISLAM (Studi Kasus Terhadap Putusan Nomor 04/Pdt.G/2009/PTA. Pbr.)
    (2013-03-16) Al Hadi, Rahmah
    Meanwhile, in our society, many foster children and foster parents do not know about the distribution of legacy based on wajibah Will with the result for the foster children whose biological parents have been passed away do not get the rights so that their future becomes uncertain. Based on this understanding, the writer formulated two forms of problems : First, what is the position of foster children in wajibah Will according to Compilations of Islamic Law? Second, Has the Pengadilan Tinggi agama fulfilled the sense of justice, beneficial and certainty of law? The type of this research could be grouped into Normative juridical, based on the library research to get data source which was secondary data by using the materials of Law which were primary law materials, secondary law materials and tertiary law materials. Come up with analyzing descriptively and qualitatively. It could be shown from the research that there was a mistake that had been done by the judges of First Court resulted in the foster child who involved in the case thought that she did not get her right so that the foster child sued to Tingkat Banding Court. The judges in Tingkat Banding Court decided to give part of the legacy to the foster child according to the regulation stated in Compilations of Islamic Law. Therefore, the result of this research could be the guidance for the Judges at Court in deciding the lawsuit about the distribution of the legacy for the foster children according to Compilations of Islamic Law, so that there will be a law certainty for foster children and the inheritors themselves.
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    ANALISIS YURIDIS PARLIAMENTARY THRESHOLD DALAM UNDANG-UNDANG NOMOR 8 TAHUN 2012 TENTANG PEMILIHAN UMUM ANGGOTA DPR, DPD, DAN DPRD
    (2013-03-16) Widodo, Sigit
    Aturan parliamentary threshold telah dipraktekan Pemilu 2009 yang bertujuan menyederhanakan jumlah partai politik di parlemen dengan besaran 2,5%. Menjelang Pemilu 2014 DPR merubah UU No10 Tahun 2008 tentang Pemilu menjadi UU No 8 Tahun 2012 yang salah satunya merubah pasal yang terkait ketentuan parliamentary threshold dengan menaikan angka threshold menjadi 3,5% dan di berlakukan secara nasional dalam menentukan kursi anggota DPR, DPRD provinsi dan DPRD kab/kota. Inilah catatan kontroversi dalam UU Pemilu yang baru yang berujung partai kecil menggugatnya. Pengaturan Parliamentary Threshold dalam Undang-Undang No. 8 Tahun 2012 tentang Pemilu tercantum dalam pasal 208 dengan ketentuan apabila partai politik peserta pemilu tidak mencapai 3,5% suara sah secara nasional maka partai tersebut tidak dapat mengirimkan wakilnya ke DPR, DPRD Provinsi dan DPRD Kabupaten/kota. Sebelumnya pada pemilu 2009 Parliamentary Threshold hanya 2,5% dan berlaku hanya di level DPR RI. Dengan pemberlakuan Parliamentary Threshold 3,5% secara nasional untuk penentuan perolehan kursi DPR, DPRD Povinsi dan DPRD kabupaten/kota maka banyak masyarakat yang akan kehilangan kedaulatannya dan hal tersebut jelas melanggar konstitusi seperti yang ditegaskan oleh Mahkamah Konstitusi dalam putusan pengujian UU No. 8 Tahun 2012. Sebaiknya aturan pemberlakuan parliamentary threshold 3,5 persen hanya berlaku dilevel DPR saja atau tidak diberlakukan dalam penentuan kursi DPRD Provinsi dan DPRD Kabupaten/Kota. Hal ini mengingat banyaknya partai lokal yang muncul karena masyarakat Indonesia adalah masyarakat yang majemuk dan untuk menjaga kedaulatan rakyat ditingkat daerah dan menjaga marwah UU Dasar 1945
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    Comparison of family planning (KB) Based on Law Number 52 Year 2009 on Population Development and Family Development and Islamic Law Perspective
    (2013-07-20) Anindya, Dwi
    Program family planning (KB) constitute some form of action who proclaimed government with initial goal is as an an effort decrease in the level of fertility in Indonesian. The rapid rate of population's growth is not matched by growth economics in particular areas of population prompted the government to regulate the occupation's growth and reduce the impact caused aan. Indonesia constitute majority country Muslim and in the Koran do not unclear whether KB permissible or not, although thus the government justify society for reduce birth rate with assign KB as street discharge, so the this case confusing society whether KB it was halal or does not, top of this conceptual basis the author want research on comparative KB under the Act of 2009 Regarding Population Development and Family Development and Perspective of Islamic Law.
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    DEPOSITO BERJANGKA SEBAGAI JAMINAN ATAS PERJANJIAN KREDIT DI PT. BANK TABUNGAN NEGARA (PERSERO) TBK, KANTOR CABANG PEKANBARU
    (2013-07-24) Seftiana, Moniza Dwi
    Time deposit is deposit that may only be withdrawn at any given time based on costumer agreement with a bank. In practice the time deposit not only as savings deposit but also can be used as loan collateral. Credit with the guarantee time deposit in PT. Bank Tabungan Negara (Persero) Tbk, Kantor Cabang Pekanbaru is set in the Standard Operational Procedures Bank Tabungan Negara No. 05/DIR/DPKK/2005 On July 1st, 2005 about Swadana Credit BTN.
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    EFEKTIFITAS PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PERJUDIAN
    (2013-07-23) Herinaldi
    As one of the forms of conventional crime gambling is a disease that has long been the case. In the Indonesian criminal law gambling is a crime and the perpetrator should be given sanction for the perbuatanya. Necessary and proper application of the law firm that gambling could be eradicated in Dumai city, in addition to strict punishment the judge must also consider the sense of expediency and fairness for the accused.
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    HARMONISASI POLA HUBUNGAN KOMISI PEMBERANTASAN KORUPSI DAN KEPOLISIAN REPUBLIK INDONESIA DALAM MEMBERANTAS TINDAK PIDANA KORUPSI DI INDONESIA
    (2013-07-24) Ferawati, Meily
    Corruption Eradication Commission the competent authorities to investigate cases of corruption in Indonesia, from 2009 to 2012 did not escape from conflict with another investigation agency ie the Indonesian National Police. Disharmony between the KPK and the police role to solve various cases of corruption, seen between the KPK and the police seizure of authority has occurred in resolving corruption cases.
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    HUBUNGAN DIPLOMATIK INDONESIA-RUSIA (DALAM KASUS SPIONASE TAHUN 1982)
    (2013-03-13) Purnama Gafri, Indah
    Indonesia and Russia assumed diplomatic relations on February 3, 1950. Diplomatic relations of Indonesia-Russia at era of Soekarno very hand in glove. But, during the New Order Era (1966-1998), diplomatic relations of Indonesia-Rusia lost ground. The diplomatic relations progressively deteriorate with the happening of year espionage case 1982. Convalesce of good relations him both state marked with President Megawati visit to Russia, 2003 and President visit of Susilo, 2006 including President visit of Putin to Indonesa 200 proving progressively sliver relations him both of state.
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    Insolvensi Dalam Hukum Kepailitan di Indonesia (Studi Putusan No.48/Pailit/2012/Pn.Niaga.Jkt.Pst Antara PT. Telekomunikasi Selular Vs PT. Primajaya Informatika)
    (2013-07-23) Prihatmaka, Hervana Wahyu
    Amendments to the Bankruptcy Act is very dominant protect the interests of creditors, because no one else provision requires that the debtor must be insolvent. This is contrary to the universal philosophy of bankruptcy. This study has the objective to determine the insolvency provisions in the bankruptcy law in Indonesia and to analyze the determination of insolvency in the bankruptcy decision No.: 48/Pailit/2012/Pn.Niaga.Jkt.Pst. This research is a normative legal research with normative juridical approach.
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    KEABSAHAN KETERANGAN SAKSI MELALUI TELECONFERENCE DALAM PEMBUKTIAN DI PERSIDANGAN PIDANA
    (2013-03-16) Hardiansyah
    One of the fundamental changes in the Criminal Procedure Code was in the placement of some of the evidence in the form of electronic records in a criminal offense in addition it has also introduced a way remote examination of a witness by using multimedia technology, known as teleconference or videoconference. The use of teleconference technology is not fully approved by experts and legal practitioners in Indonesia. That is because there is not currently a legal agreement of the legal profession to establish a provision stating that a witness' testimony in the form of a teleconference can be used as legal evidence in court can be equated with direct testimony in court. This is the reason the authors are interested in doing this research. The purpose of this study was to determine how Legitimacy Through Teleconference Witness Testimony in Evidence in criminal trial and how the condition of the receipt of the teleconference testimony in criminal proceedings.This research is normative research which this research in terms of the legislation in Indonesia. And the law is that the source material sukender legal materials consisting of primary legal materials, legal materials secondary, tertiary legal materials. Then the data were analyzed by descriptive qualitative analysis of data obtained from secondary legal materials. The survey results revealed that the use of media teleconference in the examination at the trial to be valid if the judge issued a determination specifically for the implementation of the teleconference. This means that the process of giving testimony via teleconference can not automatically be used as the most directly applicable. Thus, witness testimony can be used as valid evidence in court with a variety of considerations and reasons for the need for the provision of witness testimony via teleconference in search of material truth is the goal of criminal procedural law. Terms receipt teleconference testimony in criminal trials is the use of teleconference in this case has presented a detailed picture and clear sound quality without interference (noice) which, in principle, the presence of a witness before the court referred to the physical well met by using a teleconference, with sworn first, containing about a specific event that he heard, he saw and experienced it myself (Nontestimonium de Auditu).
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    KLAUSUL EKSONERASI DALAM PERJANJIAN ANTARA PENGGUNA JASA DENGAN TOKOBAGUS MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
    (2013-07-30) Guspita, Rati
    Standard contract has a goal of providing convenience to the parties concerned, for example, make it easier to engagement in large quantities and at the same time. In the standard contract has a standard clause where most cases a standard clause is often used for the purpose of their own parties as intermediaries or third parties. Standard clause which lead to exoneration clauses contained in the agreement by Tokobagus provision of advertising services in the form of electronic contracts, puts consumers in a weak bargaining position.