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Marlina, Marlina
Universitas Sumatera Utara
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PERZINAHAN DALAM PRESFEKTIF ISLAM SEBAGAI ALTERNATIF PEMBAHARUAN HUKUM PIDANA TENTANG PERZINAHAN DI INDONESIA Hendri Nauli Rambe; Alvi Syahrin; Muhammad Hasballah Thaib; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Adultery is a criminal act in Indonesia; it is regulated in the Criminal Code as it is stipulated in Chapter XIV on Criminal Act against Morality, and specifically in Article 284 on Adultery. But law on adultery in the Criminal Code is different from that in fiqh finayah in Islam because there is the difference in committing adultery, responsibility, and legal aid for adulterers in the two systems.The result of the research shows that adultery stipulated in the Criminal Code was incorrect since it implies that adultery will impose the sanction only on those who are married and the punishment does not have any cured effect for the perpetrators. On the other hand, the Islamic law will punish those who are married and single and imposes ‘hudud’ for the perpetrators. Indonesia that is based on religion and the majority of its people are Moslems should carry out religious sharia completely. The Islamic law can be used as an alternative for the innovation of the criminal law about adultery in Indonesia that does not respect moral and religion.It is recommended that law makers, especially those who draft the Bill of the Criminal Code on indecent assault, should pay attention and consider religious and cultural values in society, and the Indonesian citizens should give values and understanding about religion in families. Keywords: Adultery, Islamic Law, Innovation of the Criminal Law
PENERAPAN NORMA HUKUM PERDAGANGAN ANAK DALAM PUTUSAN PENGADILAN NEGERI MEDAN Juliyani Juliyani; Suhaidi Suhaidi; Tan Kamello; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children are very vulnerable to be traded. Human trafficking in children is done in organized and non-organized crime, either domestically or internationally. They become absent of freedom and it is not uncommon that they are treated unjustly; they are even enslaved! Therefore, it is necessary to study the regulations on child trafficking, viewed from child protection in the implementation of Law No. 23/2002 on Child Protection and about judge’s attitude in handing down a verdict on the case of child trafficking in the Medan District Court. Keywords: System Implementation, Child and Human Trafficking, District Court’s Verdict
KEBIJAKAN FORMULASI HUKUM PIDANA DALAM PENANGANAN TINDAK PIDANA DI BIDANG TINDAKAN MEDIK Sonya Airini Batubara; Mahmud Mulyadi; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 1 (2016)
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ABSTRACT   Medical personnel looks like doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethies. The use of penal law is penal law policy’s problem. Penal law policy can be seen from functional aspect. There are three steps in penal law processing i.e. formulation, application and execution. Formulation step or known as legislative policy is strategic step because the regulation is being decision. So the research will be conducted to policy formulation of criminal law in the handling of criminal acts in the field of medical treatment. The results of this study are action of medical services as a criminal offense under code of criminal law, code of criminal procedure law, Act No. 29 of 2004 on Practise of Medicine, Act No. 36 of 2009 on Health and Act No. 44 of 2009 on Hospital are actions that meet the elements of the error, the rules regarding the health law is not fully set up explicitly and accomodate issues that arise in this field of health care, and regarding legal protection for victims of crime in the field of medical services performed by imposing sanctions for criminal. Based on this research is suggested for improvement of the education system to the performance of the medical supervision, completion of the rule of law and health law enforcement officers, and revised formulation of legislation in the medical field. Key words: Policy formulation, Criminal law, Medical services.
FORMULASI TENTANG PERLINDUNGAN NEGARA TERHADAP ANAK YANG MELAKUKAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus di Pengadilan Negeri Medan) Syaiful Asmi Hasibuan; Ediwarman Ediwarman; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
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ABSTRACT Formulation of the goverment’s law abaut the children  protection Indonesian’s legislation home envisaged that more abstract nature protection or protection indirectly. In the criminal acts of the domestic violence committed by children, the judges tend to prioritize the protection of children as actors, so that the protection of victims is sometimes neglected. It can be seen from the judgment and consideration of the judge to look at the perpetrators are still categorized as a child. The court needs to provide the most appropriate sanctions in children who committed the crime. Giving or sentencing in the case of a child has an educational purpose in imposing sanctions. The criminal’s law policy on children whose commit domestic violence should consider the penal’s policies that include protection against the perpetrators and victims in the enforcement process is done in the criminal justice system. In addition, it should be also pay attention to non-penal’s policy which includes repairing the social conditions of children in the sense of legal protection which we put in harmony between perpetrators and victims of crimes that children are not only in juridical protection, but also in non-judicial protection. Keywords: State Protection, Child For Actors, Domestic Violence (domestic violence).
PEMBEBASAN BERSYARAT (PB) BAGI PENYALAHGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KLAS I TANJUNG GUSTA MEDAN Suandi Fernando Pasaribu; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One part of coaching Prisoners in the correctional system is the presence of the Parole (Voorwarlijke Invrijheidsteling). Narcotic crime is a crime that is complex because of the narcotic crime, the offender can be at once a victim. Best coaching against inmates is returned / integrated in society and not electrically insulated with iron bars. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. The method used in this research is normative and empirical legal research and analytical descriptive nature by using primary legal materials, secondary and tertiary analyzed normatively. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. Summing up, first, the implementation of parole for abusers of narcotic refers to the Indonesian Government Regulation Number 99 of 2012, Second, efforts to address the employees of prisons are required to discipline the prisoners for good behavior, requiring tightening legislation, increasing the number of prison staff, perform retrieval Quotes Judge (Extra verdict). Third, the supervision of inmates required to report once a month or once every 3 months to Hall of Corrections with program officers visit the client's home to inmates. Keywords: Parole, narcotics abusers, Penitentiary
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Indonesia as a State Party in theConvention on the Rights of the Child governing the principle of legal protection for the child is obliged to provide special protection to children in conflict with the law. One of the forms of child protection is realized through special criminal justice system for children in conflict with the law. This is confirmed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.The findings show that, the first is the legal protection of children as perpetrators of criminal acts is indispensable because it is useful for: 1) Children are not stablephysically and mentally, 2) To ensure the children freed from inhuman or demeaningpunishment, 3 ) To ensure the independence of the child, so as not seized unlawfully or arbitrarily, 4) To ensure that the criminal (penalty) applies only as an ultimumremedium; the second is the legal protection should be given to the child is the legal protection that covers several concepts as follows: 1) The concept of Restorative Justice; and 2) Concept of Diversy. The third isthe child criminal liability based on the judge's decision are as follows: Accepting an appeal from lawyer and public prosecutor of the child; strengthening decision of Medan District Court No.:27/Pid.SUS.Anak/2014/PN.Mdn; Establish the length of children detained entirely deducted from the sentence imposed; Ordered the child remains in custody; Charge a second child in the case of judicial level, which is in the level of appeal for Rp.2.500,00 (Two thousand five hundred rupiahs).   Keywords : Legal Protection , Responsibility , Children Actors Crime.
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK (JUVENILE JUSTICE SYSTEM) DI INDONESIA Aras Firdaus; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Sexual crimes committed by children is not necessarily completely because of the desire of the children themselves. Children who commit violations of the law or committing criminal actions greatly influenced several other factors outside themselves like children Association, education, play and so on. Provide protection against children from the influence of the process of the formal criminal justice system, then the human thought has occurred or the legal and humanitarian experts to create formal rules of action issuing a child who commits a violation of the law or committing criminal acts from the criminal justice process by providing an alternative that is considered better for children. The issue raised in this research, is how form of legal protection for perpetrators of the criminal act of sexual crimes according to the provisions of laws and regulations, and how the role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crime. Result the studies show that form of legal protection against the perpetrators of sexual violence can be seen inside and outside of the criminal code and code of criminal procedure. According to the provisions of the criminal code stated that the overthrow of a punishment to a child is the last effort, and concerns the punishment given to a child that is different to adults. Code of criminal procedure specifies the rights of the child who became the suspect or defendant upon the criminal deeds he had done. The role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crimes began from the police institution is the institution of the first state to intervene against the child in conflict with the law. Arrests, anchoring, the investigation, and the investigation is the police authority to enforce the criminal justice system, which in the exercise of police authority given the task is diskresi where diskresi is the legal authority the authority in which the police has the right to continue or discontinue a matter. Based on this authority can divert police against a things of the child so that the child does not need to be confronted with the completion of the criminal court formally. Keywords: Sexual Violence, Children, Versioned
PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA MAKAR OLEH ORGANISASI PAPUA MERDEKA (OPM) DI KABUPATEN JAYAWIJAYA (StudiPutusanNomor 38/Pid.B/2011/PN.Wmn) Lani Sujiagnes Panjaitan; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A mutiny criminal act is related to a state security. A munity threats legal interest and the safety of Unitary State of the Republic if Indonesia as stipulated in Chapter I book II of Penal Code which consist of three form, namely the mutiny which attacks the legal interests for the safety of Head of State or his/her Vice (Article 104 Penal Code), the unity of State regions (Article 106 Penal code), and the enforcement of State Government (Article 107 Penal Code. The formulations of problem in the research are whether the act done by the Liberating Papua Organization (LPO) is classified as mutiny, how the legal responsibilities towards the mutiny criminal act done by the LPO in the District Of Jayawijaya are, how the implementation of penal code on the mutiny criminal act done by the LPO in District of Jayawijaya based on the verdict No.38/Pid.B/2011/PN.Wmn is. The research result showed the act done by the LPO was a mutiny stipulated in the article 106 Penal code an hasfullfilled the elements whose goal was to conquer the region of state fully or partly under the foreign government with the intetion to separate some parts of the state region. The existence of conscious cooperation. Consequently, all defendants subjected tho the same crimes. Implementation of penal code towards the mutiny criminal act done the LPO in the verdict No.38/Pid.B/2011.PN.Wmn that the judge has implemented the Article 106 Penal Code Jo Article 55 clause (1) in the 1st , namely by sentencing 8 years in prison to every member of LPO.   Keywords : mutiny criminal, Liberating Papua Organization
PENERAPAN DIVERSI PADA TINGKAT PENUNTUT UMUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MENURUT UU NO 11 TAHUN 2012 (Studi Kasus di Cabang Kejaksaan Negeri Padangsidimpuan di Sibuhuan) Renhard Harve; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

A child is a nation’s next generation in which since a fetus until it is born it has its own right. As good citizens, we have to take our children, and this globalization era with it transparent information and technology, children will easily watch adult show in printed and electronic media so that their minds are   contaminated with adult presentation such as violence and amoral. This condition has caused a child to be involved in legal problems. The problems of the research were as follows: why a child that is in conflict with legal act should belong to Diversion system, how about the implementation of diversion process in the level of Prosecutors toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan at Sibuhuan, and what obstacles which existed in the implementation of Diversion in the Attorney’s Office of Padangsidimpuan at Sibuhuan. The objective of the research was to analyze why a child who had a conflict with law should be implemented Diversion system, to find out the implementation of law enforcers toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan, at Sibuhuan, and to find out the obstacles in implementing Diversion in the level of Attorney’s Office of Padangsidimpuan at Sibuhuan. The research used judicial normative and descriptive analytic approaches. The result of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of Diversion rather than the process of hearing in the Courts. Keywords: Diversion, Children who do Criminal Acts, Law Enforcers  
PENERAPAN HUKUMAN TERHADAP ORANG TUA KANDUNG YANG MELAKUKAN KEKERASAN SEKSUAL KEPADA ANAK KANDUNG (Analisis Putusan No.1579/PID.SUS/2015/PN-Mdn, Putusan No.333/Pid.B/2014/PN-Mdn, Putusan No.133/Pid.Sus/2014/PN-Stb) Yusuf Hanafi Pasaribu; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Sexual harassment committed by parents to their child is a very disgraceful misconduct because they are supposed to take care, provide improvement, education, protection, and to take part in their child’s growth and development in order to undergo a better life, because a child is nation’s next generation. Nowadays, the government is active and pays serious attention to reduce criminal acts, particularly to child by issuing the recent Law in order to protect children from being criminal victims and to give more serious sanctions to the criminal by revising Law No. 23/2002 on Child Protection amended by the Law of the Republic of Indonesia No. 35/2014. The problems are how parents who commit sexual harassment to their child are generally described; how the analysis of Verdict No. 1579/Pid.Sus/2015/PN-Mdn, No.333/Pid.B/2014/PN-Mdn, and No.133/Pid.Sus/2014/PN-Stb are; and what obstacles are faced by the Judge to convict the natural parents who commit sexual harassment in order to provide legal protection to their child.This research uses empirical judicial normative method. It is a descriptive analysis with statute approach and analysis of particular cases from various legal aspects; thus, this research is classified into a case study and an interview with the informants.In general, the description of parents who commit sexual harassment to their child, according to some cases, are the parents who take full control of their child, they make their child their sexual slaves using sexual harassment by strongly threatening their child to make sexual contact. The analysis of the Judge’s verdict shows that Judge’s consideration in settling the case of sexual harassment committed by biological parents to their child, the Judge considers the incriminating and mitigating things. It is incriminating that the Defendant is the victim’s biological father; he has damaged the child’s future and caused heavy trauma. It is mitigating that the Defendant has never been convicted. The obstacle that often emerges in convicting the biological parents a criminal of sexual abuse is in providing legal protection to the child who suffers from trauma in witness’ investigation when the Judge posts questions. Keywords: Implementation of Punishment and Sexual Harassment
Co-Authors Abdi Siregar Abdurrahman Harit’s Ketaren Adil Akhyar Agusmidah Agusmidah Aldyan Teoly Telaumbanua Alfi Syahrin Alvi Syahrin Alvi Syahrin Syahrin Amru Eryandi Siregar Andre Renardi Anggi P. Harahap Anggoro Wicaksono Wicaksono Aras Firdaus Arbin Rambe Arie Kartika Arif Sahlepi Astopan Siregar Ayu Anisa Bismar Nasution Brian Christian Telaumbanua Budiman Ginting Ginting Chairul Bariah Chandra Aulia Putra Choirun Parapat Chris Agave Valentin Berutu Dahlan, Muhammad Damai Syukur Waruwu Danial Syah Daniel Marunduri Demonstar Hasibuan Denny Reynold Octavianus Dewi Ervina Suryani Dodi Zulkarnain Hasibuan Dosma Pandapotan Edi Suranta Sinulingga Edi Yunara Ediwarman Ediwarman Ediwarman Ediwarman Ediwarman Ediwarman Edy Ihkhsan Edy Ikhsan Edy Wijaya Karo Karo Ekaputra, Mohammad Eko Hartanto Elyna Simanjuntak Elysa Sani Merynda Simaremare Eryco Syanli Putra Ester Lauren Putri Harianja Esther Wita Simanjuntak Eva Santa R Sitepu Faisal Salim Putra Ritonga Faiz Ahmed Illovi Faomasi Laia Fazizullah Fazizullah Freddy VZ. Pasaribu Hade Brata Hady Saputra Siagian Happy Margowati Suyono Hendri Nauli Rambe Heni Pujiastuti Heni Widiyani Herianto Herianto Hermoko Febriyanto Hidayat Bastanta Sitepu Ibnu Afan Ibnu Affan Ica Karina Imanuel Sembiring Irzan Hafiandy Ismed Batubara Isnaini Isnaini Jamaluddin Jamaluddin Jefrianto Sembiring Jelly Leviza Jimmy Carter A. Jogi Septian Bangun Panjaitan Juliyani Juliyani Junjungan, Mara Jusmadi Sikumbang Khairul Anwar Hasibuan Khairul Imam Kharisma S Ginting Khusmaidi Arianto Kurniati Siregar Lani Sujiagnes Panjaitan Liantha Adam Nasution Lidya Rahmadani Hasibuan Lidya Ruth Panjaitan Liza erwina Ludy Himawan M Citra Ramadhan M Ekaputra M. Adityo Andri Cahyo Prabowo M. Citra Ramadhan M. Ekaputra M. Ekaputra M. Ekaputra M. Hamdan Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Madiasa Mahdian Siregar Mahmud mulayadi Mahmud Mulyadi Mahmud Siregar MAHMUL SIREGAR Mangasitua Simanjuntak Mara Junjungan Megawati Megawati Mhd. Idrus Tanjung Mirza Nasution Moh. Basori Muhammad Arif Sahlepi Muhammad Arif Sahlepi Muhammad Dahlan Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Hasballah Thaib Muhammad Rizal Aulia Lubis Mujita Sekedang Mukidi, Mukidi Mustamam Mustamam Mustamam Nadya Chairani Nanang Tomi Sitorus Naziha Fitri Lubis Nelson Syah Habibi S. Nelvita Purba Nia Khairunnisya Nilma Lubis NINGRUM NATASYA SIRAIT Ocktresia. M. Sihite Paian Tua Dolok Matio Sinaga Pantun Marojahan Simbolon Polin Pangaribuan Pranggi Siagian Purba, Nelvitia Radyansyah Fitrianda Lubis Rahmat Anshar Hasibuan Rahmat Syaputra Ramboo Loly Sinurat Ramces Pandiangan Randy Anugrah Putranto Ratih Intan Gayatri Regi Putra Manda Renhard Harve Rio Reza Parindra Risna Oktaviyanti Utami Risnawati Br Ginting Rizkan Zulyadi Rohmad Rohmad Rohmad, Rohmad Roland Tampubolon Ronni Bonic Ronny Nicolas Sidabutar Rosalyna Damayanti Gultom Rosmalinda Saddam Yafizham Lubis Sahputra, Irvan Salman Paris Harahap Sarah Hasibuan Sari Kartika Sembiring Sarimonang B Sinaga Sifeva Galasime Sinulingga Sisworo Sitompul, Tomita Juniarta Sonya Airini Batubara Soritua Agung Tampubolon Sri Wahyuni Suandi Fernando Pasaribu Suhaidi Suhaidi Suhaidi Suhaidi Sukarja, Detania Sunarmi, Sunarmi Sutiarnoto Sutiarnoto Syafruddin Kalo Syafrudin Kalo Syaiful Asmi Hasibuan, Syaiful Asmi Syamsuir Syamsuir Syamsul Adhar Syarifah Lisa Andriati Tan Kamello Tomita Juniarta Sitompul Triono Eddy Utari Maharany Barus Utary Maharani Barus Vinamya Audina Marpaung Wessy Trisna Willyam Siahaan Yati Sharfina Desiandri Yosua Prima Arihta Sitepu Yusuf Hanafi Pasaribu Zamzam Mubarok Zulfikar Lubis Zulkifli Zulkifli