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Penerapan Sanksi Pidana Adat Terhadap Pelaku Zina Di Wilayah Kabupaten Padang Lawas Utara Rahmat Syaputra; Madiasa Ablisar; Agusmidah Agusmidah; Marlina Marlina
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the principle of legality in national criminal law, namely customary criminal law still remains to reveal its figure and existence as a law that lives in society (the living law). The rules of customary criminal law in some areas are still followed and adhered to by their indigenous peoples. Violation of the rules of customary criminal law is still seen as something that can cause shock and disturb the cosmic balance of the community, for the offender will be given customary reaction in the form of customary sanctions by the community.The purpose of this study is to examine and analyze legally how to regulate customary crimes for adulterers in North Padang Lawas Regency; to know and analyze legally the application of customary criminal sanctions against perpetrators of adultery in the North Padang Lawas Regency; To examine the authority of adat leaders in completing zina criminal acts in the North Padang Lawas Regency. This type of research is empirical legal research with data collection techniques for interviews with traditional leaders and elders in North Padang Lawas district.Customary criminal law regulation in North Padang Lawas Regency against customary sanctions against zina criminal acts in North Padang Lawas district is a social act committed by a person or group of men between men and women outside of marital ties that violate moral norms, then the act is deemed as an act of adultery according to customary law in North Padang Lawas Regency. Associations that violate the norms of normalization referred to in customary law in North Padang Lawas Regency are social norms for men and women that have been implied in customary law. in the form of Sappal Dila, a type of punishment that requires the perpetrator to cut a goat or buffalo / ox by inviting a person to eat a village to make an apology. The application of customary criminal sanctions against the perpetrators of adultery in North Padang Lawas Regency was imposed by the customary chief, Raja Panusunan Bulung and Raja Pamusuk after holding a traditional meeting attended by Mr. Namalim (religious figure), Datu (health physician), Pangatak-pangetong / rokkaya (the host as well as the clerk), Panyujukon burangir (carrier of betel leaf), Halak na di Huta (community in the village) as well as witnesses who have been prepared;Authority of customary leaders in completing criminal acts of adultery in North Padang Lawas Regency, namely based on the provisions of Article 5 paragraph (3) of Law Number 1 of 1951 concerning Temporary Measures to Organize Unity in the Structure of Civil Judiciary and Procedure is the basis of the authority of the elders adat in addressing customary crimes against perpetrators of the zone in North Padang Lawas Regency.   Keywords: indigenous criminal sanctions, criminal acts, adultery
Pelaksanaan Peraturan Pemerintah Nomor 48 Tahun 2008 Tentang Pendanaan Pendidikan Terkait Pungutan Sekolah Pada Sekolah Menengah Negeri Di Medan Jimmy Carter A.; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The legal basis for implementing levies is Article 51 PP Nmor 48 of 2008 number (5) letter c No 48 of 2008 concerning Education Funding which must follow the provisions stipulated in Article 52 of Government Regulation Number 48 of 2008 concerning Education Funding. Levies outside the provisions of legislation constitute illegal levies that have criminal sanctions depending on the case by case that occurs. The forms of levies in State High Schools in Medan are called School Fees or often called SPP in accordance with Government Regulation No. 48 of 2008. Some Medan Senior High Schools are still carrying out levies outside of school fees such as Research, School Sports Week, Christmas Money, Retreats, Study Tours , Qurban, Teacher's Day, Pool Money, LKS book money, Class Cash, Principal Cup, Farewell, etc. PP 48 of 2008 has not been fully implemented in the State High School in Medan. The implementation of PP 48 of 2008 is still experiencing problems, namely chaos that occurs during meetings / deliberations between Schools, School Committees, and other stakeholders.   Keywords : education funding, levies
Alasan yang Meringankan Hukuman Terhadap Justice Collaborator Dalam Mengungkap Suatu Tindak Pidana Ocktresia. M. Sihite; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Background is setting about justice collaborator or a witness who cooperated in the proof of the law in Indonesia is a new thing, the term justice collaborator is known from the revolutionary efforts in the practice of criminal law enforcement, which owns the impact of the development mode of the crime in Indonesia. Its existence then get attention and then began to set in positive law. The research method used in this thesis is a normative legal research methods. Method of normative legal research is research which refers to the legal norms contained in legislation and judicial decisions. The conclusion of this thesis conception of justice collaborator in the justice system in Indonesia is a collaborator Justice can also be called as whistleblowers or whistle blowers who want to cooperate with law enforcement officials or partisipant whistleblower. Implementation of the system of criminal justice collaborator in Indonesia. Strengthening the instruments Whistle Blower and Justice Collaborator in the prevention and eradication of corruption is reinforced by Presidential Instruction No. 2 of 2014 on Action Prevention and Combating of Corruption of 2014, which mandates the Ministry / Agency, including the Ministry of Justice and Human Rights to at least provide a Standard Operating Procedure (SOP) which guarantees the protection and confidentiality. The reason that commute to justice collaborator in uncovering a crime that lack of support, especially the protection of the respect / appreciation sufficient for them, often not comparable with the importance of the information they disclose to law enforcement and the public interest.   Keywords: justice collaborator, crime, actors, punishment
Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Narkotika Di Polsek Sunggal Daniel Marunduri; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : According to Article 82 of the Criminal Justice System for Children Act, the child of the offender may be given an action sanction by the judge. In this study, child perpetrators of narcotics crimes charged by the Public Prosecutor with criminal over 7 years imprisonment, was sanctioned action through a diversion attempt by the judge of the Medan District Court. Judge in making this decision using restorative justice approach to the child with legal instrument that is Regulation of The Supreme Court RI No. 4 of 2014 on the Guidelines for the Implementation of the Criminal Justice System for Children Act Diversity, this is contradictary to Article 7 paragraph (2) of the the Criminal Justice System for Children Act, because children who are threatened with imprisonment for 7 years can not be diversified, hierarchically in the legislation, the judge's action is contradictary to Article 7 Law No. 12 Year 2011 on the Establishment of Laws and Regulations. Supposedly, if the judge and the Prosecutor want to apply action sanction, can use the instrument of Article 82 paragraph (3) of the Criminal Justice System for Children Act, considering the legal threat of narcotics crime there is no mention of criminal at least 7 years imprisonment. In principle, the application of action sanctions against children as a form of child protection and can be as an effort to overcome the narcotics crime in children, since children are more likely as victims of crime.   Keywords : child perpetrators, narcotics crimes; and prevention.
Pelaksanaan Pengawasan Dan Pengamatan Terhadap Pola Pembinaan Anak Oleh Hakim Pengawas Dan Pengamat Pengadilan Negeri Medan Kurniati Siregar; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. According to Article 277 of KUHAP, Supervisory Judge and Observer are assigned to help the Head of Court do supervision and observation on court’s verdicts on imprisonment. According to SEMA No. 7/1985 on Operational Manual of the Tasks of Supervisory Judge and Observer, the visit of a Judge to Penitentiary should be once in three months to examine the truth of the Minute of the Implementation of court’s verdict, to gather the prisoners’ data, to interview wardens and prisoners concerning treatment of prisoners. The result of the research in the Medan District Court and LPKA Medan showed that the implementation of supervision and observation done by supervisory judges and observers of the Medan District Court on prisoners in LPKA was not optimal. The judges only visited LPKA once in six months, the child prisoners who wanted to be interviews had already been prepared by LPKA management. Some obstacles were as follows: law does not regulate the tasks of judges, there was lack of supervisory judges and observers, judges were burdened by limited time and work load, there was double standard (dualism) in the institutional system in implementing supervision and observation, and there was lack of facility and infrastructure.   Keywords : supervisory judge, child, court.
Analisis Hukum Terhadap Tindak Pidana Pertambangan Pasir Yang Dilakukan Secara Ilegal : Studi Putusan Pengadilan Polin Pangaribuan; Muhammad Hamdan; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Law No. 9 of 2009 on Mining it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those who violate them. Looking at the titles and topics of the research, the discussion of criminal provisions only focuses on illegal sand mining practices mentioned in Article 158 and Article 161 of Law No. 4 of 2009 on Mining. The subject matter of the study is Legal Provision on illegal sand mining. How the judge judges judgment of illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Verdict number: 92 /Pid.Sus/2012/PN.Kdi). Types of research normative legal research, the nature of the research is descriptive, evaluative, prescriptive, Legal data source data obtained from library research, assisted with the Judgment Study Court, Legal provisions on unlicensed sand mining are provided in Article 158 and Article 161, it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those violating them. Judge's consideration in deciding illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Decision number: 92 / Pid.Sus / 2012 / PN.Kdi) is based on legal facts, testimony of witnesses, statements of defendants, evidence, matters that lighten and incriminate the defendant.   Keywords: crime, sand mining, illegally
Analisis Hukum Terhadap Penyelesaian Diluar Pengadilan (Diversi) Dalam Tindak Pidana Kekerasan Yang Dilakukan Oleh Anak Di Wilayah Polresta Kota Binjai Muhammad Rizal Aulia Lubis; Ediwarman Ediwarman; Marlina Marlina; Jusmadi Sikumbang
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Definition of diversion in Law No. 11 of 2012 Article 1 Paragraph 7 concerning the juvenile justice system. meaning "Diversion is the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice. No government regulation. 65 of 2015 concerning guidelines for the implementation of diversion and handling of children not yet (12 twelve) years old. Secret telegram letter (TR) of the Kabareskrim Polri  No.Pol.TR/1124/XI/2006 and No.Pol Police's secret telegram (TR) kabareskrim. TR / 395 / DIT.I / VI / 2008 concerning the implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses. Case child commits a crime of violence in the Regional Police of the city of Binjai in North Sumatra province, a child under age has committed a crime of violence against other people. From this case, the Polresta Binjai sought a diversion process with a restorative justice approach. In the court decision of class 1-B Binjai No.11 / Pid.Sus.Anak / 2015 / PN.Bnj concerning the diversion decree.              From the results research conducted, it can at concluded as following P ertama, In carrying out diversion, the regulations used are Law No. 11 of 2012 concerning the Child Criminal Justice System and instructions for the implementation of diversion issued by the National Police Kabareskrim namely Kabareskrim POLRI Secret Telegraph TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 concerning implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses, Government Regulation No.65 of 2015 concerning guidelines for the implementation of diversion and handling of children who are not (12 twelve) years old. Secondly, the factors that led to the crime of child abuse as perpetrators in the Binjai City Police Department consisted of economic factors, social factors, psychological factors. Of the three factors, psychological factors are the underlying factor in the child committing violence in this case. Psychological factors are vital for each human person in carrying out life in society. Unstable psychological factors in adolescents can cause disparities with adults and parents due to differences in age and pivotal patterns of their own actions and behaviors, psychological factors are behaviors / characteristics or personality of humans both seen from within and from outside on him, in this case the children always have a psychology that is still unstable and tends to be easily incited and act without thinking. Third, the non-criminal policy towards the completion of children who are perpetrators of violent crimes in the Polriesta Binjai area, namely conducting counseling, carrying out counseling for schools, carrying out routine raids, carrying out social services. Public participation in this regard Enabling activities among adolescents, Me mberiakan motivation or advice to children, provide religious education.   Keywords : diversion , children , violence
Hukuman Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Berdasarkan Ketentuan Undang-Undang Nomor 17 Tahun 2016 Jamaluddin Jamaluddin; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Sexual violence in children is a form of child abuse in which adults of teenagers abused a child for sexual stimulations. Almost all cases reveal that the perpetrator of sexual violence is the victim’s close relatives, such as biological parents, step parents, uncles, teachers, and neighbors. Based on the above problem, the problem of this thesis is as follows. How is the provision of criminal sanctions against the perpetrators of moral offenses according to Law No 17/2016. This case has encouraged the establishment of provisions based in the Law No. 17/2016. The regulations on castration penalty are stipulated in Article 81 paragraph (7) as referred to in paragraphs (4) and (5) stating that the perpetrator is sentenced with castration by chemicals accompanied with rehabilitations. Chemical castration is the injection of anti testosterone substance into males to reduce testosterone hormone, most of which is produced by lydig in testis. The provisions of a witness of chemical castration penalty are stipulated in the Law No. 1/2016 on the Second Amendment to the Law No. 23/2002 on Child Protection becoming the Law No. 35/2014. Article 81 paragraphs (1) until (8), 82, and 81A of the Law has an additional penalty for the perpetrator, one of which is the castration penalty to the perpetrator of sexual violence to undergo children.   Keywords : chemical castration penalty, sexual violence in children
Analisis Hukum Terhadap Keadilan Secara Musyawarah Mufakat Dalam Penyelesaian Perkara Pidana di Tingkat Kepolisian : Studi Surat Edaran Kapolri Nomor : SE/8/VIi/2018 Nelson Syah Habibi S.; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Law enforcement systems and methods in Indonesia show that there is a development in community justice by Restorative Justice that reflects justice as a balance of human life, so that deviant behavior from criminals is considered as an act that eliminates balance, the model of case settlement is an effort to restore that balance. Kapolri as the head of the Indonesian National Police then issues Circular Number: 8/VII/2018 concerning Restorative Justice in the Settlement of Criminal Cases, with hope to accommodate the values ​​of justice in society. The position of the Circular is a policy regulation or instructions to members of the National Police based on Law Number 2 of 2002 concerning the Indonesian National Police, it’s not part from the Legislative context that can bind the public, but manifestations of the Police's efforts in overcoming criminal acts and are expected to fulfill a sense of justice among the community by obtaining satisfactory agreement according to their wishes win-win solutions. The implementation process is at the Police level with the achievement of a peace agreement between the victim and the suspect, ending with the issuance of an order to terminate the Investigation with the reason that Restorative justice is signed by the supervisor's investigator. The criminal case that is settled in a case resolved through diversion based on the SPPA Law or case which is a complaint offense will be completed and has legal certainty, but the case with a general offense still has the opportunity to continue if the victim feels dissatisfied. The results of peace will be a consideration of the judge in giving his decision.   Keywords : restorative justice, criminals case settlement, policy regulation
Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Cabul Studi Putusan Pengadilan Negeri Sungguminasa No.8/Pid.Sus-Anak/2017/PN.Sgm Vinamya Audina Marpaung; Madiasa Ablisar; Marlina Marlina; Edi Yunara
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Children are the next generation of generation and successors of existing development struggles. Children are the mandate as well as the gift of God Almighty that we always have to guard because in him the dignity, dignity and rights as human beings must be upheld. Child rights are part of human rights contained in the 1945 Constitution and the United Nations Convention on the Rights of the Child. Criminal acts of sexual abuse committed by children in the Sungguminasa District Court No.8 / Pid.Sus-Anak / 2017 / PN.Sgm. Stating the child above, has been proven legally and convincingly guilty of committing a criminal act "intentionally persuading the child to commit an obscene act" as a single charge of the public prosecutor. Dropping the criminal offense to a child is therefore a prison sentence of 1 (one) year and 8 (eight) months and job training in LPKA (Child Development Special Institution) Class II B in Maros, for 6 (six) months. This research uses normative research method is research that examines the principles or principles of law, legal systematics, the level of vertical and horizontal synchronization, comparison of law, and legal history, positive legal norms, principles, principles, and doctrines -doctrine law. The nature of this research is descriptive and prescription. In addition to describing or describing the subject and the motorcycle taxi as well as an analysis of the problems that have been formulated. Provide legal arguments, then make an assessment (perscription) regarding right or wrong or how it should be according to law against facts or legal events. Legal protection for child offenders starting from the stages of investigation, prosecution, trial and arriving at child care in LPKA must be carried out in accordance with the provisions of the legislation. In the implementation of children's rights as perpetrators of obscene crimes, children have the right to enjoy all their rights in accordance with the provisions contained.   Keywords: child protection, child criminal actor, obscene.
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