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Edy Ikhsan
Prgogram Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara
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PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA KEHUTANAN (Studi Putusan Kasasi Mahkamah Agung RI Nomor 2642 K/Pid/2006) Mazmur Septian Rumapea; Alvi Syahrin; Muhammad Hamdan; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The corporation case which occurs in North Sumatera is a forestry criminal act committed by Darianus Lungguk Sitorus, the owner of PT Torganda and PT Torus Ganda. He did forestry criminal act in the area of Hutan Padang Lawas through his corporation. As the perpetrator who did the criminal act in this case, he was imprisoned by the Ruling of the Supreme Court No 2642 K/Pid/2006 for 8 (eight) year imprisonment plus incurred a fine of Rp. 5,000,000,000 (five billion rupiahs) plus confiscation of 47,000 (forty seven thousand) hectares of oil palm plantation, located in the area of Padang Lawas by the Department of Forestry.The problems of the research were the development of corporation responsibility for forestry criminal act in Indonesia and whether judge’s legal consideration on corporation criminal responsibility in the Cassation Ruling of the Supreme Court No 2642 K/Pid/2006 had met the theory of criminal responsibility. The research used judicial prescriptive method with legal provision, case, and comparative approaches, using primary, secondary, and tertiary legal materials which were analyzed interpretatively. The result of the research showed that corporation criminal responsibility in forestry criminal act in Indonesia is developing in ius constitutum which indicated by the development of the development of legal subject and corporation criminal responsibility. Law No. 41/1999 on Forestry which has gone through the development of corporation criminal responsibility in Law No. 18/2013 on Prevention from and Eradication of Forest Damage, and Cassation Ruling of the Supreme Court No. 2642 K/Pid/2006 has directly used the theory of corporation criminal responsibility. As a directing mind, Darianus Lungguk Sitorus had a corporation inner-self in ordering to commit (doen plegen) forestry criminal act. Keywords: Criminal Responsibility, Corporation, Forestry Criminal Act
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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

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ABSTRACT Application of criminal law policies against narcotics crimes in one country implemented based on the principle of the territory operates a place (locus delicti) as the basis for the enforcement of the law. The application of the sanctions law against citizens of the society including foreign nationals who break the law, expected to be positive for the development of the personality of the influential community. Implementation of the policy of criminal law in particular criminal dead is currently subject to a Presidential Determination No. 2 of 1964 On The implementation of the Criminal to death determined by the courts In General and military Judicial environment. Barriers of pre and post implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, namely the existence of a difference of understanding of the concept of the the policy of criminal law, pros cons among the public, academics, legal practitioners and law enforcers linked the implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, as well as the intervention of various countries linked the implementation of the policy of criminal law. Keywords: Criminal Law, Criminal Policy Dead, Foreign Citizens
PERLINDUNGAN HAK ATAS TANAH ULAYAT MASYARAKAT ADAT GAYO DI KABUPATEN BENER MERIAH Yowa Abardani Lauta; Syafruddin Kalo; Runtung Runtung; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights  in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (peruweren) of Uber-Uber and Blang Paku in Bener Meriah. Keywords: Ulayat rights, Adat Gayo Community, Bener Meriah District
PENERAPAN DIVERSI PADA TINGKAT PENUNTUT UMUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MENURUT UU NO 11 TAHUN 2012 (Studi Kasus di Cabang Kejaksaan Negeri Padangsidimpuan di Sibuhuan) Renhard Harve; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

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

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ABSTRACT Sexual harassment committed by parents to their child is a very disgraceful misconduct because they are supposed to take care, provide improvement, education, protection, and to take part in their child’s growth and development in order to undergo a better life, because a child is nation’s next generation. Nowadays, the government is active and pays serious attention to reduce criminal acts, particularly to child by issuing the recent Law in order to protect children from being criminal victims and to give more serious sanctions to the criminal by revising Law No. 23/2002 on Child Protection amended by the Law of the Republic of Indonesia No. 35/2014. The problems are how parents who commit sexual harassment to their child are generally described; how the analysis of Verdict No. 1579/Pid.Sus/2015/PN-Mdn, No.333/Pid.B/2014/PN-Mdn, and No.133/Pid.Sus/2014/PN-Stb are; and what obstacles are faced by the Judge to convict the natural parents who commit sexual harassment in order to provide legal protection to their child.This research uses empirical judicial normative method. It is a descriptive analysis with statute approach and analysis of particular cases from various legal aspects; thus, this research is classified into a case study and an interview with the informants.In general, the description of parents who commit sexual harassment to their child, according to some cases, are the parents who take full control of their child, they make their child their sexual slaves using sexual harassment by strongly threatening their child to make sexual contact. The analysis of the Judge’s verdict shows that Judge’s consideration in settling the case of sexual harassment committed by biological parents to their child, the Judge considers the incriminating and mitigating things. It is incriminating that the Defendant is the victim’s biological father; he has damaged the child’s future and caused heavy trauma. It is mitigating that the Defendant has never been convicted. The obstacle that often emerges in convicting the biological parents a criminal of sexual abuse is in providing legal protection to the child who suffers from trauma in witness’ investigation when the Judge posts questions. Keywords: Implementation of Punishment and Sexual Harassment
PERBANDINGAN PEMILIHAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA DENGAN KONSEP SYURA DALAM PRINSIP KETATANEGARAAN ISLAM Muhammad Ihsan; Hasballah Thaib; Faisal Akbar Nasution; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACTPresidential election process in Indonesia has been reflected in the Constitution of the Republic of Indonesia Year 1945 (1945 Constitution). Since 1945, the presidential election process in Indonesia is consensus in an institution of the People's Consultative Assembly (MPR). It is as the implementation of the Preamble of the 1945 Constitution, all four precepts of Pancasila, "Democracy Led by Wisdom Wisdom In a consultative assembly". Changes in the 1945 Constitution in 1999-2002, has implications in the process of election of the President of deliberation to direct election by the people. Many observers said the process of direct election by the people as a model of democracy. In fact, not a few who claimed the election process by consensus in the Assembly, as well as a model of democracy though indirectly. Implementation of the Presidential election in the concept of Shura as Shura and democracy has no relevance, given some quarters to equate the two. Although there are similarities between shura and democracy as expressed by some. However, there is very substantial between the two, given that it is shura is a method derived from the Rabb al-basyar (Rabb human), namely God, while democracy is the fruit of thinking of a weak man who is certainly not free of shortcomings, democracy sourced of concepts and principles devised by man which the concepts and principles is closely linked to the interests of each individual name in its implementation.Keywords: Presidential Election, Democracy and Shura
ASPEK HUKUM PEMBERIAN IZIN PENGGUNAAN KENDARAAN DINAS DILINGKUNGAN SEKRETARIAT DAERAH KABUPATEN NIAS DIKAITKAN DENGAN PERATURAN PEMERINTAH NOMOR 27 TAHUN 2014 TENTANG PENGELOLAAN BARANG MILIK NEGARA/DAERAH Apnes Perlindungan Zaro Hura; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
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ABSTRACT The use of official vehicles at the Regional Secretariat of Nias District from the administrative observation is viewed as the barometer to be followed by other agencies under the Nias District Government. The use of official vehicles is not in line with the official report because of lack of supervision by the state/regional-owned property management. The official vehicles used by the regional head, regional secretary, agency head, section head, and sections under the Regional Work Unit in the Regional Secretariat of Nias District are provided to aid and support their performances in carrying out their duties and work.  The provision of license of official vehicles in the Regional Secretariat of Nias District was found out to be complicated and was inefficient, particularly on the application process for using the official vehicles for the applicants (Civil Servants) because there were so many approvals to get the license to use the official vehicles from the administrative structure of the organization in the Regional Secretariat of Nias District.   Keywords : official vehicles, state/regional-owned property
PENYIDIKAN KASUS TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI WILAYAH HUKUM POLSEK MEDAN BARU Nasrun Pasaribu; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
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ABSTRACT Investigation is investigating a series of actions in terms and in the manner set forth in this law to search for and collect evidence with evidence that makes light of the crime that occurred and to find the suspect. One of the criminal offense of criminal disturbing the public lately is theft, one of which is theft by weighting. Criminal acts of theft with aggravating elements or in doctrine also often called or qualified theft, ie theft in the form of principal or ordinary theft coupled with aggravating elements. The purpose of this study to determine investigation of criminal cases of theft by weighting were conducted by police in Medan Baru police. The research problems are that how the implementation of the investigation of criminal offenses of theft by weighting in the jurisdiction of New Medan police? What are the factors inhibiting the investigation of the crime of theft by weighting in the jurisdiction of New Medan police? To answer these problems do research with normative juridical and sociological juridical. Source of research data is of primary legal materials, secondary law, and tertiary legal materials. The collection of data through primary data through field studies (field research) by interviewing informants namely Medan police chief and a New Investigator, and secondary data through library research (library research). Based on these results the investigation of cases of theft by weighting in the jurisdiction of the Police of Medan recently directed in accordance with the modus operandi committed by the suspect or offender is breaking the windshield, crack car tires, housebreaking / store, damaging the lock rail and use the keys T, using a false key, deprivation bag, bank ATM burglary. Factors that become an obstacle in the process of investigating the case of theft by weighting that barriers of law, resistance from law enforcement, and obstacles of legal culture. Police investigators are advised to continue a relationship of coordination with the public prosecutor, is not passive or wait and expected to be more proactive in order to resolve the criminal case of theft by weighting takes place quickly.
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
Co-Authors Afnila Afnila Agusmidah Agusmidah Alvi Syahrin Alvi Syahrin Alvi Syahrir Apnes Perlindungan Zaro Hura Areza, Tri Sandi Muji Arie Kartika Bayu Putra Samara Bornok Simanjuntak Brunner, Emil BUDIMAN GINTING Chairul Bariah Denny Reynold Octavianus Dian Maya Sari Edi Warman Edi Yunara Ediwarman Ediwarman Ediwarman Ediwarman Ekaputra, Mohammad Elizabeth Nela Sari Elmas Dwi Ainsyiyah Elyna Simanjuntak Erwin Pangihutan Situmeang Eva Santa R Sitepu Eva Syahfitri Nasution, Eva Syahfitri Fahmi Jalil Fahri Rahmadhani Faisal Akbar Faisal Akbar Nasution Fajar Amanah Ariga Faomasi Laia Farah Diba Batubara Gita Cristin Debora Sihotang Hamidansyah Putra Putra Harris, Abd. Hasballah Thaib HASIM PURBA Hasim Purba Hasim Purba Hijrah Purnama Sari Ariga Idha Aprilyana Sembiring Indri Romauli Marbun, Luya Iwan Wahyu Pujiarto Jamaluddin Jamaluddin Jamil, Rafiqoh Putriana Jelly Leviza Jimmy Carter A. Jusmadi Sikumbang Kaban, Maria Keke Wismana Purba Khairul Anwar Hasibuan Kondios Meidarlin Pasaribu Kurniati Siregar M. Ichsan Rouyas Sitorus Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Mangasitua Simanjuntak Marlina Marlina Marlina, Marlina Mazmur Septian Rumapea Miki Yanti P. Mirza Nasution Mirza Nasution Misalina Br. Bukit Mohammad Eka Putra Muhammad Akbar Siregar Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Ihsan Muhammad Nur Muhammad Yamin Lubis, Muhammad Yamin Munthe, Arfansyah Nasrun Pasaribu Nasution, Junisyah Nasution, Mirza NINGRUM NATASYA SIRAIT Nurbaiti Pendastaren Tarigan Pinem, Faisal Hadi Pohan, Desi Permatasari Purba, Asrot Putra Rizki Akbar Putri Ramadhona Rambe Ramadani Ramadani Ramli Tambunan Randy Anugrah Putranto Renhard Harve Reni Asmara Ariga Ridha Fahmi Ananda Rina Melati Sitompul Rinaldi Rinaldi Rosmalinda Rosnidar Sembiring Rudy Rudy Runtung Runtung Saddam Hussein Saddam Yafizham Lubis Saidin Saidin Santi Silaban, Susi Sari Kartika Sembiring Selviani Ariga Siagian, Putri Rumondang Sibarani, Fauzi Anshari Silitonga, Glotty Christina Sinulingga, Indra Kurnia Sisera, Perida Apriani Sri Budi Astuti Sugeharto Imam Wibowo Suhaidi Suhaidi Sunarmi, Sunarmi Suprayitno Suprayitno Sutiarnoto Sutiarnoto Syafruddin Kalo Syaiful Asmi Hasibuan, Syaiful Asmi Syarifah Lisa Andriati T. Keizerina Devi Azwar T.Keizerina Devi Azwar Tan Kamello Tan Kamello Tri Sandi Muji Areza Utary Maharani Barus Utary Maharani Barus Utary Maharany Barus Wahyudi Chandra Wessy Trisna Yasmin Faris Bashel Yati Sharfina Desiandri Yosef Warmanto Panggabean Yowa Abardani Lauta Yulinda Regina C. Lumban Gaol Yusuf Hanafi Pasaribu Zahra, Dania Zai, Fransiskus Rahmad