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Marlina, Marlina
Universitas Sumatera Utara
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ANALISIS YURIDIS TINDAK PIDANA CYBERCRIME DALAM PERBUATAN PIDANA PENCEMARAN NAMA BAIK DITINJAU DARI UNDANG-UNDANG NO. 8 TAHUN 2011 TENTANG INFORMASI TRANSAKSI DAN ELEKTRONIK DAN HUKUM PIDANA Abdurrahman Harit’s Ketaren; Syafruddin Kalo; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract This internet development is indeed extraordinary. The rapid development of Internet technology has also spawned new crimes in the field, such as the crime of data manipulation, espionage, sabotage, provocation, deprivation, hacking, software theft and hardware damage, defamation, cyberbullying and various other things. Then the title of this research is "Legal Analysis of Cybercrime Crimes in Defamation in the Name of the Law Number". 8 of 2011 on Transactional and Electronic Information and Criminal Law "   The applied research method is a normative legal research method. Data sources can be derived from primary legal material, legal material and tertiary legal material. Data collection techniques are literature studies (library research). The analytical method is a method of qualitative analysis On the basis of my investigations, it is known that the elements of criminal libel are contained in the Criminal Code, namely Articles 310 and 27 (3) of Law No 8 of 2011 on Information and Electronic Transactions, the elements of which are contained in the Criminal Code Items. Rules on defamation offenses can be found in KUHP Article 310 or in the laws outside the KUHP, namely 11 of 2008 on Information and Electronic Transactions (UU ITE) Article 27 (3) before the Law on Transaction and Electronic Information No In 2011, a legal vacuum came up, in which the criminal slander was only regulated by the Criminal Code because of this vacancy, and the Electronic Transaction Information Act was formed to provide legal certainty in defamation in electronic media. Decision Analysis No. 384 / Pid.Sus / 2015 / PN. Mtr, the decision did not agree with the results of this study.   Keywords: slander, cyber crime
PERTANGGUNGJAWABAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN DESERSI (Studi Putusan Pengadilan Militer Nomor 198-K/PM I 02/AD/X/2017) Nanang Tomi Sitorus; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Desertion is a crime that is specifically done by the military because of a legal fight and are contrary to the law, in particular the military criminal law. Enforcement of military discipline regulations of law discipline soldiers, where the regulations restrict all movement and behavior of soldiers. However, in practice, how strict the rules does not make the TNI soldiers dutifully, even likely to violate. This is still a lot of soldiers of the indonesian military who often unity on each felony desertion. The crime of desertion is common in military life, especially in the region of Kodam I Bukit Barisan, recorded in the year 2016 the number of perpetrators of crimes of desertion was litigated and 36 in the year 2017 totaled 6 things. The crime of desertion that often occur in the region of Kodam I Bukit Barisan are the crimes of desertion in time of peace, where the crime was committed when the country in peace and not in a State of war. The implications of this frequent desertions crime, poses a very significant influence especially against TNI soldiers on duty at the border in urban as well as remote areas, so that these influences can undermine mental and the personality of the TNI soldiers and damaging a military life joints and the image of the air force. The methods used in this research is the juridical normative legal research methods, i.e. a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of primary legal materials from secondary as scientific books, legislation, court decision I-02 Military terrain and data obtained by accessing the internet related to this research. The judicial process against the defendants on behalf of private first class Butar-Butar Suryadi Ahmad was held in a military Court I-02 Field. The process starts from the level of investigation by military police Subdenpom-I/1-4 Range, the submission of case by Danrem-022/PT as an officer of Subsmisson a cases, a military judge advocate (Requisitoir) as a public prosecutor and the judge's Verdict in the trial. The process of the trial is that the defendant is declared guilty of convincing has been conducting a legitimate absence without permission from superiors or desertion in time of peace as provided for in Article 87 paragraph (1) of the 2nd verse junto (2) Book The Act Of Military Criminal Law (KUHPM). Criminal liability against the defendant, by the Military Court judge I-02 Field in the form of criminal sanctions subject matter i.e. imprisonment for 5 (five) months and additional criminal was dismissed from military service. Keywords: Criminal Liability, The Indonesia National Army, Desertion.
PENERAPAN DIVERSI DAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM SISTEM PEMIDANAAN DI WILAYAH HUKUM DELI SERDANG (Studi Penetapan Pengadilan Negeri Lubukpakam No. 8 Pid.Sus-Anak/2017/PN-LBP) Eva Santa R Sitepu; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Determination of the Lubukpakam District Court No. 8 Pid.Sus-Anak/2017/PN-Lbp is one example of the success of diversion at the court level in Lubukpakam. Diversion in the Deli Serdang jurisdiction tends to be successful at the court level compared to the level of investigation and prosecution. This is because the diversion carried out aims to maximize the best interests of the child.   Keywords: children, diversity and best interest
PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA DALAM MASA REHABILITASI (Studi Putusan Pengadilan Negeri Lubukpakam No. 1995/PID.SUS/2017/PN.LBP) Kharisma S Ginting; Alvi Syahrin; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 1 (2019)
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ABSTRACT Decision of the LubukPakam District Court No. 1995/Pid.Sus/2017/PN.Lbp dropped in accordance with the demands of the public prosecutor, guilty of violating article 112 paragraph (1) of Law no. 35 of 2009 on Narcotics should be known to be in the rehabilitation period of the narcotics then the judge handed down the rehabilitation decision in accordance with Article 103 paragraph (1) of Law no. 35 of 2009 on Narcotics does not impose a prison sentence accompanied by a fine. Therefore, it is necessary to examine the rule of law concerning narcotics abuse and drug abuse victims against people in the rehabilitation period. Criminal liability for the misuse of narcotics during the rehabilitation and punishment against abuse of narcotics during rehabilitation at the decision of LubukPakam District Court. 1995/Pid.Sus/2017/PN.Lbp. Keywords: Addiction, Abuse and Rehabilitation
Analisis Pencabutan Keterangan Terdakwa Dalam Berita Acara Pemeriksaan (BAP) Penyidikan Di Persidangan Terhadap Putusan Hakim Sarimonang B Sinaga; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The revocation information of the defendant in the news of the proceedings (BAP) investigation at the trial which is not accompanied by a fundamental and logical reason then the legal position of the description of the defendant in the BAP the investigation can be "evidence hints". Legal considerations the judge refused the defendant's description of revocation reason Rhio Hendra Heriawan Ginting, et al in the BAP investigation because of the reasons stated for the removal of the defendant in the trial is not accompanied by a fundamental reason and logical, so that description the defendants contained in the BAP investigation can serve as evidence of the defendant's fault, the instructions while the matter with defendant Sandro Lumban Tobing, et al, the judge accepted the reasons for the removal because the defendants description accompanied by fundamental and logical reasons so that it captions the defendant in a BAP investigation does not have value of proof in proving fault of the defendant   Keywords : Revocation Information of The Defendant, The News of The Proceedings (NoP) Investigation, Consideration The Ruling of The Judges.
Kebijakan Kriminal Terhadap Tindak Pidana Pencabulan Yang Dilakukan Oleh Anak Di Wilayah Pancur Batu Rosalyna Damayanti Gultom; Alvi Syahrin; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
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Abstract. Children as successors to the baton of the struggle of the nation and state actually grasp the hopes of the nation. The good and bad future of the nation depends also on the good and bad conditions of the child at this time. However, now children often fall into various crimes, including the crime of sexual abuse. Crimes of sexual immorality can not only be done by adults, but children also tend to easily fall into it. There are 8 (eight) cases of sexual offenses committed by children in the Pancur Batu area that occurred in 2016 to 2017. The problems raised in the writing of this thesis are how to regulate criminal acts of sexual abuse committed by children in the legislation in Indonesia, then what are the factors that cause criminal acts of sexual abuse committed by children in the Pancur Batu area, and how is the criminal policy in handling criminal acts of sexual abuse committed by children in the Pancur Batu area.   Keywords  : Criminal Policy, Abuse done by Children
Kebijakan Kriminal Penanggulangan Kejahatan Yang Mempergunakan Media Sosial Sebagai Sarana Untuk Melakukan Kejahatan Terhadap Anak Pantun Marojahan Simbolon; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
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Abstract. Criminal policy of tackling crimes against children, upload videos, or photo or negative content involving children in social media isn't enough with law No. 35/2014 jo. Act No. 23/2002 On child protection, even the presence of Act No. 11/2008 (UUITE) considered incapable of tackling crimes against children as victims in social media.  How does the subtantif policy governing crime prevention through social media as a means of committing a crime against a child, and how policy aplikatifnya, as well as tackling crime that must be done for protecting children from crime in social media. This type of research is normative, descriptive nature and preskripsi. Qualitative data analysis. Analyzing the problems of the approach of legislation (statutes aproach) and approaches (case aproach) case, not a case study or study the Court ruling. This thesis does not examine the Court ruling but described various cases ever to appear on social media about crimes against children. Policy subtantif within the UUITE that govern countermeasure of crimes against children as victims through social media still contains the classic policy model. Criminal threats on Article 45 paragraph (1) UUITE a maximum of six years is not proportional to its effects, and do not provide an alternative to other sanctions. Maximum fines or criminal sanctions, there is no minimum, so that the open space of the overthrow of the wounding a sense of criminal justice. Crime prevention policies applicable also tend to give priority to criminal proceedings. On the one hand the offender threatened/punished weighing-weigh according to article 52 paragraph (1) and section 45 subsection (1) of ACT No. 11/2008, whereas the deed the perpetrators according to law No. 35/2014 jo. Act No. 23/2002 can be resolved are versioned to find the main principles of restorative justice for the best interest for the child, not simply give priority to criminal proceedings. Subtantif policy in law No. 11/2008 should have threatened more weight than criminal threats in Act No. 35/2014 jo. Act No. 23/2002 to quell crimes against children in social media. Every child matters policies applicable in social media should pay attention to the child's best interests, rather than giving priority to different settlement matters child as a victim of criminals in social media through the process of criminal law. The policy countermeasure of the crime that must be done to protect children from the evils of distributing video, photo, or negative content in social media is to combine the efforts of the penal penal and non integrated as a the effort could not be separated in criminal policy.   Keywords : Criminal Policy, Crimes Against Children, Social Media,.
Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika Dengan Menerapkan Restorative Justice Melalui Diversi : Studi Penetapan Nomor 4/Pid.Sus-Anak/2017/PN.Mdn dan Penetapan Nomor 31/Pid.Sus-Anak/2017/PN.Mdn Saddam Yafizham Lubis; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Facing and overcoming various crimes and behavior of children in the context of efforts to foster and protect children which is an important factor, the alternative punishment that can be used is to apply punishment with the concept of restorative justice through diversion. Which aims so that children can improve themselves and the interests of children when they are faced with the law. The main concern of the concept of diversion and restorative justice is the interests of the perpetrators, victims, families of victims/perpetrators, and the community. Settlement of cases by applying restorative justice through diversion in Determination Number 4/Pid.Sus-Anak/2017/PN.Mdn and Determination Number 31/Pid.Sus-Anak/2017/PN.Mdn, wherein the two stipulations the child is charged with acts narcotics criminal. The type of research used is normative legal research that refers to legal norms contained in the legislation and court decisions. The analysis in this study is qualitative analysis by drawing conclusions deductively, namely drawing conclusions from things that are general to things of a special nature. From the results of the study, it is known in the Determination Number 4/Pid.Sus-Anak/2017/PN.Mdn and Determination of Number 31/Pid.Sus-Anak/2017/PN.Mdn states that children as narcotics criminals are solved through diversion. That the achievement of agreement/deliberation through diversion has been carried out and stipulates the termination of criminal cases by conducting rehabilitation, returning to parents, and continuing school.   Keywords : criminal responsibility, narcotics crime, diversion, and restorative justice
Sistem Pembinaan Anak Binaan di Lembaga Pembinaan Khusus Anak (LPKA) Klas I Tanjung Gusta Medan Sari Kartika Sembiring; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
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Abstract. The System of Practice embraced by Indonesia, regulated in Law No.12 of 1995 on Correctionalism gives meaning to the development of "Penitentiary System" sourced and based on Pancasila and the 1945 Constitution, which provides a strong legal basis in establishing the implementation of "Penitentiary System "Which has been used to nurture and support prisoners since 1964, to replace the prison system. This research uses normative juridical legal research methods supported by empirical. The normative-empirical approach is based on direct experience or observation to see and tack on some sociological issues concerning the principles of law, legal doctrines, rule of law and legal system. Field study is a procedure performed with observation activities, interviews (interview) to the research response as an effort to collect various data and iformasi needed in accordance with the problems discussed in the study. The guidance system carried out in LPKA Class I Tanjung Gusta Medan has been well implemented but the  implementation is not effective due to overcapacity or overpopulation. LPKA's task is to provide guidance to assisted children. This guide is provided with attached description of the process and stages of fostering. Obstacles and efforts in the implementation of the guidance of the guidance children in LPKA Class I Tanjung Gusta Medan is the lack of facilities and infrastructure in the process of coaching, prison students beyond the tamping power, lack of budget (fund), limited number of personnel officers in LPKA environment.   Keywords: guidance, child development, penitentiary
Keterpaduan System Peradilan Pidana Anak (Integrated Juvenile Justice System) Dalam Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Faiz Ahmed Illovi; Marlina Marlina; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
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Abstract.Criminal Justice System Children should not be construed as a judicial body as stipulated in Article 24 paragraph (2) of the Constitution of the Republic of Indonesia Year 1945, which stated that the judicial power is done by a Supreme Court and judicial bodies underneath it in the public courts, religious courts, military courts, administrative courts and by a Constitutional Court. In accordance with the above background, then some of the things that are at issue in this study is as follows: What is the rule of law on coordination between the sub-systems of criminal justice in the application of diversion, How coordination sub criminal justice system in the application of diversion to criminal child and what policies implemented by the sub-system of juvenile justice in the application of diversion. Normative juridical research method is useful to know or to know whether and how the law has on a particular issue and also can explain or explain to others whether and how the law regarding a particular event or issue. In using normative legal research in this thesis will be focused on normative legal research is qualitative. The conclusion of this thesis, Making rule of  law how coordination between sub criminal justice system in the application of diversion, according to the provisions of Article 7 of Law SPPA, diversion can only be carried out to the children who were threatened with imprisonment under seven (7) years and is not a repetition of criminal acts (residive). Making Sub Criminal Justice system Coordination in the application of criminal diversion of the child, the legal protection of children in judicial proceedings conducted since the beginning level of inquiry, investigation, prosecution, examination before the court until the execution of the court's ruling and during the judicial process, the rights of the child shall be protected by law and therefore must be done consistently by the parties concerned with solving the naughty child. Policies implemented by sub-system of juvenile justice in the application of diversion, Diversi shall be made on the level of investigation, prosecution and court examination of the child in court, although the consequences of "compulsory" at the insistence of diversion also become blurred because of the sanctions against the waiver of this provision, which is set at article 96 has been declared contrary to the Constitution of 1945 and does not have binding legal force by the Constitutional Court Decision Number 110 / PUU-X / 2012.   Keywords: juvenile, criminal, child,
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