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Marlina, Marlina
Universitas Sumatera Utara
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PERAN POLRI DALAM MENGIMPLEMENTASIKAN RESTORATIVE JUSTICE PADA PENANGANAN PERKARA PIDANA (STUDI DI POLRES BINJAI) Ronni Bonic; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Restorative justice practices will be assessed on the dimension correlated with the enforcement of criminal law (law enforcement) conducted by the national police, for example correlated with the handling of cases handled by the fuction of detective in the investigation of crime. The framework used by the function of detectives in the investigation process that is based on a formal judicial or termination of criminal cases, the problems that arise are already fulfillment of the element of criminal elements when faced with problem resolution through restorative justice which takes precedence or ruled out, if embraced by the the community provided they are not contrary to the principles of criminal law. The role of the national police to implement restorative justice can not be separated from the rule of law is the basis for both the laws and regulations of the national police and the the national police internal policies that define the telegram letter head of the national police headquarters criminal detectives. Restorative implement justice carried out by national police detectives who carry out function basically intended for handling cases of children, common interests and the maintenance of social order.   Keywords : National Police, Restorative Justice, Criminal Cases Handling
ANALISIS PERTANGGUNG JAWABAN PIDANA DOKTER ( Studi Putusan Mahkamah Agung No 365K/Pid/2012) Heni Widiyani; Syafruddin Kalo; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethics. Relationship between doctor and patient that originated from the paternalistic relationship turns into a horizontal contract. The amendment raises a lot going on criticism of the performance of doctors. The formulation of the issues discussed in this study regarding the rules on malpractice in Indonesian positive law and criminal liability of doctors in the Supreme Court decision No. 365k/pid/2012. This problem is analyzed with the theory of criminal responsibility and theories of causality. Results of this thesis research on the rule of positive law malpractice in Indonesia is in the book of the Criminal Justice Act, Act No. 36 of 2009 on Health, and Law No. 29 of 2004 Practice of Medicine, malpractice is divided into two, judicial malpractice and malpractice etic. Criminal liability imposed on physicians by the Supreme Court is not in accordance with the theory of causality because there are no omissions in the action taken by the doctor that resulted in the death of the victim, so that the elements of Article 359 of the accused are not being met, and there should be no criminal responsibility for the death of the victim to the doctor, as a result of death due to embolism is a medical risk in medicine and included in the justification of criminal responsibility. So the Supreme Court's decision in giving the verdict of guilt was not right and wrong. well as law enforcement officers to more thoroughly and understand the principles of law and legal theory and laws and regulations related to shrimp malpractice, resulting in a wise decision for the court physicians and patients in conflict of the law.
PEMBERIAN REHABILITASI TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA (STUDI KASUS TIGA PUTUSAN PENGADILAN) Jefrianto Sembiring; Mahmud Mulyadi; Marlina Marlina; Edy Ihkhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Legal basis over the granting of rehabilitation against the perpetrators of the crime of narcotics is according to the provisions of Act No. 35 of 2009, and Act No. 11 in 2012. Rehabilitation is a facility to its semi closed, meaning only certain people with special interests who can enter this area. Rehabilitation of narcotics is a place that provides skills training and knowledge to prevent yourself from narcotics. According to Act No. 35 of 2009, there are two types of rehabilitation medical rehabilitation and rehabilitation that is social. The consideration of judges in evaluating the trial in the case of narcotics that kids do is dropping the criminal narcotics by doing rehabilitation against the defendant. The judge stated that in the legislation of criminal justice system of children of a troubled with the law is referred to as a bad boy. The judge stated that truly matter in the indictment the public prosecutor, the judge nevertheless looked in the criminal penalties against giving users of narcotics offenders children, then by observing the main principle for the children's best interests for the child, namely in the dropping of sanctions, then the provisions of the rehabilitation of medical and social rehabilitation for the defendant can be applied.   Key Words: Rehabilitation, Children, Crime Of Narcotics
DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DI TINGKAT PENYIDIKAN (STUDI DI POLRESTA MEDAN) Yati Sharfina Desiandri; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Diversion is the duty of law enforcer handling the case of criminal offenses committed by children to take action to continue or discontinue court cases. Diversion in an effort to urge people to obey and uphold the laws of the country, its implementation still consider fairness as the top priority in addition to providing the opportunity for offenders to take the path of non-criminal as compensation, social work or supervision of their parents. Investigation authority possessed by police is the initial process in a juvenile justice process. This is due, whether or not children in conflict with the law are processed in juvenile justice is highly dependent on the results of investigations conducted by the Police by first asking for consideration or advice from community mentors. In the case of children in conflict with the law, the police in the execution of discretion can upgrade the case so that the child does not have to deal with a formal court settlement. The formulation of the research problem in this study is the first, the effect of the diversion of children in conflict with the law. Second, synchronization regulations on diversion of children in conflict with the law in Indonesia at the level of investigation. Third, the implementation of the diversion of children in conflict with the law in Medan Police. Diversion done to prevent children perpetrators of the negative impact of the implementation of the juvenile justice practice. Diversion is an idea if the appropriate consideration to avoid the stigma in children. Diversion has a positive and negative influence for children and the other parties involved. There are differences between the Secret Telegram with legislation that is in the application of the diversion of children in terms of the threat of punishment, child investigators, diversion agreement and coordination with the prosecution (the prosecutor) and the determination made by the local District Court. On the implementation of diversion in Medan Police, guidelines used namely Act No. 11 of 2012, the Criminal Police Secret Telegram TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 but has not made the PP 65 Year 2015 as the Guidelines for the implementation of diversion. There are some reasons why the diversion implementation by the police does not comply with the rules in the Act No. 11 Year 2012. There should be rules governing the supervision of the implementation of diversion. Police should own internal regulations relating to the implementation of diversion and adapted to the legislation in force.   Keywords: Diversion, Children in conflict with the law, Investigation
PENJATUHAN SANKSI PIDANA DIBAWAH BATAS MINIMUM ANCAMAN HUKUMAN BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA Amru Eryandi Siregar; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Some of the reasons decided by penalties ½ (half) of the amount of the minimum sanction of imprisonment is based on Article 22 No. 3 of 1997 on Juvenile Justice, which is "Against the bad boy can only be dropped criminal or actions specified in this law". Then Article 23 Paragraph (1) Number 3Tahun 1997 on Juvenile Justice, which is "The penalties can be imposed on a bad boy is the subject of criminal and additional criminal, and Article 26, Paragraph (1) No. 3 of 1997, namely; "Imprisonment that can be imposed on juvenile delinquents referred to in Article 1 point 2 letter a maximum of ½ (one half) of a maximum imprisonment for adults". Of the three articles above, in fact there is no penalty associated settings ½ (half) of the amount of the minimum sanction of imprisonment and can be said to be the judge in this case making a legal breakthrough by the application of such penalties. The conclusion of this thesis, If the child committed the crime of Narcotics and charged article is based on Law No. 3 of 1997 on Juvenile Justice, the Judges under Article 24 of the Juvenile Court Act can: 1.Mengembalikan to a parent, guardian or person asuh.2.Menyerahkan to state for education, coaching and job training khusus.3.Menyerahkan to the Department of Social or Social Community Organizations engaged in coaching education and job training. Narcotics. Settings criminal offenses committed by minors under Law No. 35 Year 2009 on Narcotics in principle is not specifically regulated but arrangements will include Law No. 3 of 1997 on Juvenile Justice. It can be said Law No. 35 Year 2009 on Narcotics can not stand alone in terms of setting the crime of Narcotics committed by minors because of Act No. 3 of 1997 on Juvenile Justice is specific legislation relating to justice perpetrators of crimes committed by minors. That From the North Sumatra High Court Decision No. 369 / PID / 2013 / PT-MDN, Stabat District Court Decision No. 349 / PID.SUS.A / 2013 / PN.STB, Stabat District Court Decision No. 443 / PID.SUS. A / 2014 / PN.STB, Stabat District Court Decision No. 444 / PID.SUS.A / 2014 / PN-STB, Stabat District Court Decision No. 445 / PID.SUS.A / 2014 / PN.STB can be criticized especially those concerning the aggravating factors where the emphasis that the child should not know the drug, but in fact had known even used also to mengederkannya. Actually, such a case is not only seen from what has been done olehseorang children who do drug abusers, but should have a more visible is the background why the child did it, or in other words what factors cause them to do that (teaching causalitet). Keywords:         Imposition, Sanctions, Criminal, Below Minimum Limit, threats,           punishment, For Child Actors, Crime, Narcotics.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 7/Pid/Sus-Anak/2015/PN. Kabanjahe) Hade Brata; Madiasa Ablisar; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Against children who do the criminal act would have done legal action or legal proceedings, which in the legal action, which is still more kids on the protection of the rights of the child in each level of the check, where it is based because within a child's inherent dignity, dignity, and rights of the child as befits a man should uphold high. In this research are discussed regarding criminal liability against committing criminal assassination plan, where judges decide the matter a criminal act planned to murder committed by children by giving a verdict in the form of imprisonment, of course it is interesting to be discussed and done research on it. Keywords: Criminal Liability, Children, Murder Plan
PERTANGGUNGJAWABAN PIDANA ANAK DIBAWAH UMUR SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi Putusan Pengadilan Nomor 366/Pid/Sus-Anak/2014/PN. Pdg) Eryco Syanli Putra; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Differing views of judges in giving legal for children the doers also be the basis of punishment is given or not given to children the doers. In fact, over the many decisions of the judges are more inclined to give a prison sentence than provide rehabilitation or other penalties for child offenders narcotic crime. This fact is very unfortunate given the children who are still growing and need the attention of all parties, favors given physical punishment of the child's psyche recover from the addiction and drug dependence. Issues raised in this study, namely how the rule of law against children as a criminal narcotics, forms of legal protection provided to the child offender narcotics, and criminal liability of children criminal narcotics Court Decision No. 366 /Pid/ Sus-Kids/2014/PN. Pdg. To find answers to these problems, this study used types of normative legal research is a descriptive analysis, which the normative legal research using secondary data as the main data with munggunakan techniques of data collection is done by means of a literature study (library reseacrh), as well as data analysis method qualitative data analysis. The data analysis is meant by an idea, facts obtained will be analyzed carefully to address the problem   Keywords: Criminal Liability, Children, Crime, Narcotics.
KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG MENURUT UNDANG-UNDANG NO. 8 TAHUN 2010 Risna Oktaviyanti Utami; Bismar Nasution; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Money laundering as a form of crime that not only threatens the stability of the economy and the integrity of the financial system, but also can harm the joints of the life of society, nation and state. Impact of globalization on the development of crime. One factor is the crime can flourish because of the encouragement of technology. The rapid development of science and technologies have an impact on the complexity of the crime of money laundering, it is impossible not money laundering also utilize technological means. The impact was so great from the money laundering led to a State should establish a policy on the prevention of crime and money laundering. Therefore this study focuses on the issue of criminal policy, policy formulation as well as efforts to prevent and combat money laundering. The survey results revealed, through the criminal penal policy that is based on Law No. 8 of 2010 is a form in which the criminalization of money laundering must be prevented and eradicated. Criminal policy in the fight against crime can not be separated from policy formulation. Policy formulation is the first step in crime prevention that functionally can be seen as part of the planning and crime prevention mechanism as outlined into the legislation. In Law No. 8/2010 specifically authorizes the Financial Transaction Analysis Reporting Centre (INTRAC) in an effort preventing and combating money laundering and cooperation that made the international world.   Keywords: Criminal Policy, Policy Formulation, Money Laundering
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMERKOSAAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Rantauprapat No.694/Pid.Sus/2016/PN-Rap) Faisal Salim Putra Ritonga; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the provisions of article 1 point 1 of the Act No.23 of 2003 Year shield cover Children Jo article 1 1 of the Act No. 35 year 2014 about changes in the law No.23 of the year 2003 on the protection of the child, which States that the child is someone who has not aged 18 (eighteen) years of age, including children who are still in the womb. Children as subjects of law who are immature (human) does not cover the possibility of getting involved with the law, which means that a child can be the subject or object of the law in a legal events. One of the issues of concern to children is a special case of rape. Rape is a type of crime that affects very bad especially on victims, for rape would violate human rights and may damage the dignity of humanity, especially against the soul, reason and offspring. One of his Ruling State Court matter Rantauprapat matter No.694/Pid.Sus/2016/PN-Rap is something rape against children under age. In this case the occurrence of criminal offence deliberately doing hokey pokey, a series of lies or persuading a child do it. The defendant committing criminal acts against children under age (15 years) with doing serangakian lies with persuading the victim to perform coitus. Policy formulation of the law of criminal offence rape of children under based on the provisions of article 81 paragraph (2) of Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of Children and the law On article 290 of the criminal clause (2) and (3), article 292, 293, article 294 Article paragraph (1) and section 295. The application of the criminal law against the crime of rape children under based on the ruling of the District Court Rantauprapat No.694/Pid.Sus/2016/PN-Rap based on article 81 paragraph (2) and the provisions of article 76 d. consideration of judge against based on the verdict of the District Court Rantauprapat No.694/Pid. Sus/2016/PN-Rap has not been fullest to suppress the occurrence of cases of abuse and permerkosaan minors. Judges in meting out criminal prison to the defendant should have maximum as in the provisions of article 81 paragraph (2) and the provisions of article 76 D Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of The child. Recommended for law enforcement gives the application of criminal law in state court verdict Rantauprapat No.694/Pid.Sus/2016/PN-Rap in accordance with the criminal law policy contained in the provisions of Act No.35 year 2014 about changes top of Act No.23 of year 2003 on the protection of Children so that the existence of a deterrent effect for the accused and legal certainty for the victims. Keywords : legal policy, crime, rape, minors,
ANALISIS YURIDIS TENTANG TUGAS DAN FUNGSI KOMISI KEJAKSAAN DALAM MEWUJUDKAN LEMBAGA KEJAKSAAN REPUBLIK INDONESIA YANG PROFESIONAL Ludy Himawan; Alvi Syahrin; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The system of supervision in the criminal justice system has two forms, i.e. built in control and supervision of the institution. Supervision supervisory control is built in which is performed inside the institution, while the institution of supervision conducted by supervisors outside the institution. Every law enforcement agency has a supervisory institution each, judge District Court overseen by judge high, high judge supervised by the Supreme Court and others. In addition, outside of the institution, each institution supervised by the judicial Commission, the independent agency overseeing the performance of judges, the State Attorney Commission overseeing the performance of prosecutors and others. The built in control in the supervision of the criminal justice system is not only overseeing the performance of law enforcement officials in each agency, but also supervise the process in law enforcement. The performance of the District Court will be overseen by the High Court and the High Court will be supervised by the Supreme Court. The verdict by the District Court will be judged by a court to have a position on it, in this case the High Court and so on. So is the State agency that is supervised by the Prosecutor and the Attorney General's Office. The establishment of the Commission as an institution external supervisory Prosecutor Prosecutor's Office was formed in order to improve the quality and performance of the institutions of the State Attorney. The performance of the prosecution agencies assessed the community not optimal the Foundation of this institution so that in Act No. 16 of 2004 about Attorney General RI in section 38 allows the existence of a Commission which aims to improve the quality and performance of the institutions of the State Attorney. As a follow-up of the Article then the President issued Presidential Regulation No. 18 in 2011 about the State Attorney Commission as an umbrella law duties and wewenangnnya. But in this regulation is not set explicitly how the mechanism monitoring and execution of the authority of the State Attorney Commission. In addition in the execution of the duties and authority of the Commission Attorney experienced barriers. How the State Attorney Commission overcome barriers and maximize the authority given to achieve the establishment of this institution.   Keywords       :  External supervisory Attorney, the State Attorney's duties and Functions of the        Commission.
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 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 Ludy Himawan M Citra Ramadhan M Ekaputra M. Adityo Andri Cahyo Prabowo M. Citra Ramadhan M. Ekaputra M. Ekaputra M. Hamdan Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Madiasa Mahdian Siregar Mahmud Mulyadi Mahmud Siregar MAHMUL SIREGAR Mangasitua Simanjuntak Mara Junjungan Megawati Megawati Mhd. Idrus Tanjung 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 Rahmat Anshar Hasibuan Rahmat Syaputra Ramboo Loly Sinurat Ramces Pandiangan Randy Anugrah Putranto 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 Yusuf Hanafi Pasaribu Zamzam Mubarok Zulfikar Lubis Zulkifli Zulkifli