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Marlina, Marlina
Universitas Sumatera Utara
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PENERAPAN DIVERSI OLEH HAKIM DALAM MENDAMAIKAN ANAK PELAKU DAN KORBAN TINDAK PIDANA PENCURIAN (Studi di Pengadilan Negeri Medan) Roland Tampubolon; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Medan District Court has dealt with 165 juvenile criminal cases in the last two years, 2015 and 2016, and 91 of the cases are dealt with theft done by children. The data from Medan District Court show that theft by minors is the most frequently found cases handled by the judge in Medan District Court in the last two years; more than half of all cases, which are mostly pronounced a sentence by the judge. That there are many cases of diversion failure in Medan District Court indicates that there is diversion failure in police or judiciary level. This condition has encouraged the author to bring up the title “The Implementation Of Diversion By Judge To Juvenile Thefts And Victims Of Theft Crime (A Study At Medan District Court).” Keywords: Theft Crime, Diversion
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PROSTITUSI ONLINE DI TINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Putusan Nomor 267/Pid.B/2015/PN. Pgp). Khairul Imam; Syafruddin Kalo; Alvi Syahrin; Marlina Marlina
USU LAW JOURNAL Vol 6, No 3 (2018)
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ABSTRACT   Prostitution by using electronic means or the internet is currently developing. Prostitution is a problem that not only involves prostitutes, but more than that it is an activity that involves many people such as pimps, brokers, and consumers who most of the perpetrators are men who often escape the attention of law enforcement officers. Judicial problemat can be seen where punishment can only be done to pimps or pimps while prostitute and client can not be penalized, besides law enforcement in case of online prostitution is very difficult because in transactions prostitution online there are up to cross borders cross country (bordeless). The lack of strict rules on the criminalization of online prostitutes has resulted in the difficulty of this online criminal prostitution to be prevented. The issues raised in this study, namely how the regulation of criminal law against perpetrators of online prostitution crime and pimp responsibility in Decision Number 267/Pid.B/2015/PN. Pgp in review of Law Number 11 Year 2008 About Information And Electronic Transactions To find the answer of this problem, this research use normative law research type which is analytical descriptive, where this normative law research use secondary data as main data with munggunakan data collecting technique done by library study (library reseacrh), and data analysis using method analysis of qualitative data. Analysis of this data is intended based on the picture, the facts obtained will be analyzed carefully to answer the problem.   Keywords: Criminal Accountability, Crime, Prostitution, Online.
PERTANGGUNGJAWABAN PIDANA DOKTER YANG TIDAK MELAKUKAN REKAM MEDIS TERHADAP PASIEN (STUDI PUTUSAN PERKARA NOMOR 86/PID.B/2009/PN.LGS) Paian Tua Dolok Matio Sinaga; Madiasa Ablisar; Marlina Marlina; Chairul Bariah
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A doctor is seen as a very noble profession, so with that assumption, the people involved in sustaining life are seen as noble ones. It shows the form of human dependence on the importance of the existence of doctors in the world of health. Patients have great confidence and expectation of the doctor for the illness, even if they have to pay a lot of money. In fact, there are often mistakes caused by the negligence of doctors in the treatment of patients who do not make a medical record. This causes great disappointment to the world of medicine, the patient becomes lost trust and also cause traumatic effects on doctors. In addition to feeling disappointed patients are also harmed both in health, service and also materially. This study aims to describe and analyze the form of criminal liability doctors who do not record medical patients. Primary data collection is done through legislation and case study dr. Bukhari, Sp.OG which occurred in 2009 in Langsa Aceh. The regulation of medical records on doctors who practice medicine has been regulated clearly in Law No. 29 of 2004 on Medical Practice and Regulation of the Minister of Health No. 269/MENKES/PER/XII/2008 concerning Medical Record. In performing its obligations the doctors should refer to it. So that doctors can be asked for accountability either criminal or civil. The form of criminal liability of a physician who does not perform medical records in the conduct of medical practice based on the Case Decision Study Number 86/Pid.B/2009/PN.LGS states that, the doctor who deliberately did not make a medical record to his patient while carrying out his medical practice in accordance with the Medical Profession Standard so as to be sentenced to the defendant dr. Bukhari Sp.OG with a fine of Rp. 30,000,000 (thirty million rupiahs), stipulates if the fine is not paid then replaced with imprisonment for 3 (three) months.   Keywords: Criminal liability, Doctor, Medical Record, and Patient.
PERAN FASILITATOR DALAM PROSES DIVERSI PADA KASUS ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Mujita Sekedang; Alvi Syahrin; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Nowadays, theft with violence is rapidly increasing, and it highly alarms people. Generally it is committed by adults, but lately it has turned to be committed by children or even minors. Some of their victims are wounded or even killed. Child Criminal Judicial Administration is usually used to handle theft with violence committed by children. It is not merely intended to impose criminal sanctions on children who have committed theft by violence. It is known as the term, ‘diversion’ which is a process of diverting from the process of Judicial Administration. Diversion has to be performed toward children who have committed criminal acts, and it is done through the stage of pre-investigation, investigation, prosecuting, and the stage of Judicial Administration in the District Court. The research used juridical normative and juridical empirical with descriptive analytic methods. The data were gathered by conducting library research and legal documentary study and analyzed qualitatively in which the legal materials were analyzed qualitatively, using deductive and inductive methods so that the conclusion would be accurate and scientifically accounted for.  A judge is required to offer to a child perpetrator, and/or his parents/guardian, and the victim to settle the case through diversion. When they do not come to a consensus, the Judge will bring the case to the Court (litigation). When they agree to do diversion, diversion negotiation will be led by the Judge, and when the consensus of opinion occurs, the result has to be presented to the Head of District Court who controls the implementation of the diversion. The role of a facilitator in the process of diversion in the case of a child who commits theft with violence in the Medan District Court is active. In his role, the Judge attempts to ask both parties for negotiation, without litigation, for the sake of the child. Why diversion is not done in the three cases because the Judge who pronounces judgment on the three cases tends to use legal positivism without paying more attention to the interest of the child as the perpetrator of theft criminal act with violence, whereas Law No. 11/2o12 on SPPA confirms that a Judge who pronounces judgment on children is required to emphasize on the interest of children.   Keywords: theft with violence, diversion, facilitator.
SISTEM PEMIDANAAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Salman Paris Harahap; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children  as criminals must be treated humanely to the best interests of the child to realize growth and provide physical, mental and social. The protection of children is also reflected in the provisions of Article 28 and paragraph (2) of the 1945 Constitution the basic rights of children, that "every child has the right to live, grow and develop and is entitled to protection from violence and discrimination". In the provisions of Law No. 11 of 2012 on the Criminal Justice System Child, that the system of punishment against juvenile offenders under the law is more emphasis on educational punishment for the best interests of the child. Therefore, this paper attempts to examine the criminal system of children as perpetrators of criminal acts in Indonesia and to analyze the criminal system of children according to Law No. 11 of 2012 on the Criminal Justice System Child and criminal system of children according to Islamic law and criminal system that is managed by Act No. 11 of 2012 on the criminal Justice System children in addressing offenses in doingchild.The method used in this research is normative juridical research method with the approach taken is the approach of legislation (statute approach). Legislation approach used for the basic criminal system that is used as the subject of this research is the Law No. 11 Year 2012 on Child Criminal Justice System. It also conducted a comparative approach (comparative approach).The results showed that the criminal system in Indonesia at this time referring to the Law No. 11 of 2012 concerning juvenile justice system that provisions are required in trying to do a restorative justice (restorative justice) and diversion. Child criminal system according to Law No. 11 of 2012 on the Criminal Justice System Child by child criminal system according to Islamic law lies in the concept of criminal responsibility, it can be seen from the constraints of a child is able to take responsibility. Analysis of Law Number 11 Year 2012 on Child Criminal Justice System is a system of punishment is more emphasis on restorative justice. For children as criminals, where the sanction is not the main goal for the criminalization of children because imprisonment is ultimum remedium.   Keywords: criminal system, children in conflict with the law, criminal justice system children.
PELAKSANAAN DIVERSI TERHADAP ANAK YANG MENJADI PELAKU DALAM PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS (STUDI KASUS : PENETAPAN NOMOR : 223/PID.SUS-ANAK/2014/PN.BLG DI PENGADILAN NEGERI BALIGE) Mangasitua Simanjuntak; Marlina Marlina; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Associated with it, in the unaccommodating child protection principles particularly of non-discrimination principle that prioritizes the best interests for the child and the right to life, survival and development of the child, the legislation of the Republic of Indonesia Number 11 Year 2012 about the criminal justice system of the child which is the turn against law number 3 of the year 1997 concerning juvenile court was set up expressly concerning restorative justice and Diversion that is intended to avoid and keep children from the judicial process so that it can avoid the stigma against children who are dealing with the law and the child can go back into the social environment is reasonably. It is therefore very necessary role as well as all parties in realizing it.The concept of Versioned poured in article 7 paragraph (1) and (2) the Law Number 11 year 2012 RI about the criminal justice system requires that Children on any judicial process is initiated from the Investigator, public prosecutor or Judge has an obligation to Children implement a versioned for every child as the perpetrator of the crime of traffic accidents, based on the normative research done by acquiring legal materials of primary, secondary and tertiary diola and analyzed in perspective.That the process of implementation of the diversion is done at the stage of investigation by the investigator if not reached then the mandatory attempted diversion by the public prosecutor at the stage of prosecution and if not accomplished also then Judge in the Examination stage The matter of children in State Court seeking diversion mandatory and if that also does not reach an agreement it will be only a Matter of settlement of the child through the process of criminal justice that is closed to the public, and in the resolution of the matter of the child through the criminal justice process is still open to the unsettled versioned upon agreement of the parties: child/perpetrators, victims, parents of the victim, community counselors, and social workers Professionals based on restorative justice approaches and local wisdom Dalihan Natolu (Adat Batak Toba) who contributed positively in the achievement of a deal are versioned. Keywords             :  implementation of the Diversion, the crime of traffic accidents, local wisdom.
PELAKSANAAN TUGAS PEMBIMBING KEMASYARAKATAN DALAM PROSES DIVERSI ANAK YANG BERKONFLIK DENGAN HUKUM DI BALAI PEMASYARAKATAN KELAS I MEDAN Ica Karina; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
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ABSTRACT A Community Guidance is a correctional officer at the Correctional Institution conducting guidance to a Penitentiary Sub-prisoner outside the authority of LAPAS. In the juvenile justice process, the community counselor is tasked with preparing a community research report (LITMAS). This social research serves to find out more in the background of children's social life both economic, educational, religious and social interaction. Form of guidance given in the form of: religious education, character education, guidance and counseling of individuals and groups, formal education, scouting, vocational education, psychotherapy, literature, and psychiatry therapy. The Criminal Function is no longer merely a jail but it is also a process of rehabilitation and social reintegration of the Insured Citizens within the penitentiary. This study aims to find out the task of social guidance against children who are faced with the law and to know the implementation of the social guidance in the process of diversion against the children who are faced with the law in the Class I Pemasyarakatan Medan. This research indicates that the task of the Community Guidance in the making of community research and mentoring of children in conflict with the law as the suspect / defendant in the criminal justice process of the child, and for the adult suspects in certain crimes and LITMAS for the interest of prisoners' care and guidance of the prison shows the involvement of the Community Guidance Counselor since the beginning of the legal process until the return of a prisoner and prison student to the public. In the execution of a Class 1 Medan community mentor has the duties and functions, among others, the basic task of the first class BAC supervisor Medan is to provide community guidance or alleviation of children in accordance with applicable legislation and conduct coaching, guidance and supervision of clients outside Penitentiary . Keywords: Task Implementation, Community Guidance.
KEBIJAKAN HUKUM PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA DITINJAU DARI UNDANG-UNDANG NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Elyna Simanjuntak; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 5 (2018)
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ABSTRACT The policy in the system of criminal justice is the realization of the regulation in providing “legal certainty” in settling the conflict among children. Law is intentionally cut down to become legal provisions so that the law enforcement does not have the authority to make a policy; they are forced to act in settling the conflict among children. If there is misunderstanding in this legal certainty, it will bring about new conflict since “blinders” are usually used in implementing the law. Judicial power can be used when the opinion of law enforcement is uncertain. Coordination and communication in providing the children’s rights will be the problems in each institution since the commitment for coordinating their interest is not a new thing. The attempt to change children’s characters and behavior will be worse if the support for their facility and infrastructure is far from what has been expected. Public participation needs support from other elements in maximizing the achievement of the system of criminal justice  so that the settlement of confilct among children  is not included in formal domain. Support from neighborhood is needed to find the solution for improving comfort which is not based on revenge. Keywords    : Criminal Law Policy, Children as Perpetrators, Children’s Criminal Justice
PENERAPAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM PELAKSANAAN DIVERSI (Studi Kasus di Cabang Kejaksaan Negeri Deli Serdang di Labuhan Deli) Irzan Hafiandy; Madiasa Ablisar; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law number 11 year 2012 about the criminal justice system of Children mentioned that is the basis of the best interests of the child are all forms of decision-making must always consider survival and flower growing. Decision making always consider survival and growing this flower later becomes the background of the law enforcement agencies especially the Prosecutor in the performance of diversion. The writing is made to cover a few things about how the best interests of the child principle was revealed in legal norms contained in the law criminal justice system of the child, the application of legal norms for the child's best interests principle in the implementation of diversion at the State Attorney's branch of Deli Serdang in Labuhan Deli as well as explain the factors restricting and efforts to overcome the obstacles in the diversion implementation of the best interests of the child principle in the State Attorney's Branch of Deli Serdang in Labuhan Deli.   Keywords: The Best Interest of The Child, Diversion, and the Public Prosecutor
ANALISIS HUKUM MENGENAI HUKUMAN DENDA DALAM KASUS KEKERASAN SEKSUAL TERHADAP ANAK DILIHAT DARI PERSPEKTIF VIKTIMOLOGI Liantha Adam Nasution; Ediwarman Ediwarman; Muhammad Ekaputra; Marlina Marlina
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children as the young generations are the successors to the ideals of the nation’s struggle and are the human resource for the National Development. Every child has equal human right like everyone in general. There are many criminal cases experienced by children causing mental disorders that they can no longer perform their obligations. Law enforcement needs to be conducted to the sexual violence perpetrators so that it will give them deterrence and minimize sexual violence against children. Sentence regulation for the perpetrators of sexual violence against children, besides imprisonment, also applies the sentence to fine which money is automatically put into the State Treasury Fund.  The problems of this research are how the criminal sentence to fine is regulated in sexual violence case, what factors cause sexual violence and how the criminal law policy concerning the sentence to fine in the case of sexual violence against children is, and how the efforts of legal protection for the victim in Victimology perspective. Based on the results of the research and the analysis done by the author about the sentence to fine stated in KUHP (the Criminal Code) or the Law that regulates sexual violence against children, in its implementation, Sentence to fine that is retributive is implemented to protect the city today. It puts priority to the sentence and fulfills the rights of the suspect/defendant. Its function mainly stresses on the protection of the suspect/defendant’s prestige and dignity, in KUHP, child protection law, law of eradication of domestic violence and the law on trafficking. The concept applied in the present time does not regulate the sentence to fine that is given to the victim for their protection. If the victims want to obtain compensation, they have to file an application of restitution. This restitution is not to be taken by the victim, but it is kept in the Treasury Fund. Therefore, today concept needs to be amended; the sentence to fine should be restorative, so that it can meet the benefit for the protection of the perpetrator and victim. Keywords: sentence, fine, sexual violence, child, victimology
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