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Edy Ikhsan
Program Studi Magister Ilmu Hukum Universitas Sumatera Utara
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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)
Publisher : Universitas Sumatera Utara

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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
SANKSI HUKUM TERHADAP LEMBAGA PERBANKAN YANG TIDAK MENDAFTARKAN JAMINAN FIDUSIA DALAM PRAKTIK PEMBIAYAAN KREDIT PEMILIKAN MOBIL (STUDI DI PT. BANK X) Yosef Warmanto Panggabean; Tan Kamello; Edy Ikhsan; Utary Maharany Barus
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The reason of the Banking Institution needs to register Fiduciary Guaranty in Car Ownership Credit Financing is to provide legal certainty to the interested parties. The most important factor not registered Fiduciary Guaranty is because the registration fee of fiduciary guarantee is too high causing the Debtor (Customer) Does not register its Fiduciary Guarantee, the finance company may be subject to sanctions in the form of warning, suspension of business activities, and revocation of business license.   Keywords : Sanctions, Warranties, Fiduciary, Banks
ANALISIS HUKUM PENGUASAAN TANAH BEKAS HGU OLEH PETANI PENGGARAP (STUDI PENGUASAAN TANAH BEKAS HGU PT.PERKEBUNAN NUSANTARA II OLEH KELOMPOK TANI BERJUANG MURNI DESA MARINDAL 1) Saddam Hussein; Syafruddin Kalo; Hasim Purba; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The polemic against access to the distribution of land since the colonial era until now has not found the light of many already the regulations of the Constitution and the MPR TAP until the following rules governing the ownership, designation and management of land. Sometimes the law looks like it is unfair to the peasants, but if it is to be said the law has been arranged in such a way as to ensure legal certainty and legal justice. The problem lies in the state institutions that do not quickly see the problem of land as the case of the former HGU PTPN II area which in fact the land must be linked to the implementation of Landreform in Indonesia.The rights to work on the land have not been clearly written like other rights in the Basic Agrarian Law, but can be interpreted and found in some UUPA Articles and in other laws related to the implementation of land reform, on State lands designated as The object of redistribution is first given "permission to work" before being increased its right to property rights. The lands that are the object of redistribution in the framework of land reform implementation, as specified in PP no. 224 of 1961 which amended by PP 41 of 1964. After the lands are designated as objects of redistribution, the Bupati as the official in charge of implementing land reform in the regency area issues the license to work on the redistribution recipients as determined by Keppres 55/1980 and Kep.MDN No.38 1981. Permit to apply is granted For a maximum period of 2 (two) years and to tenants shall be obliged to pay to the State equal to one third of the harvest or money worth of it. The chronology of the struggle of this purely struggling peasant group began in 2000 which after expiration of the period of the Right to Use Business PT. Perkebunan Nusantara II Marendal Garden I community ran the land by cultivating to increase the daily necessities of life due to the monetary crisis that befell their family life at that time, so with such conditions that Village Head Marendal 1 (Surya Ratsin) and Pataksak Head (Nasbul Siregar) issued and issued Land Acquisition Letter (SKT) on former Land Usage (HGU) land of PTPN II Marendal Village 1, for example: SKT number 592.1 / 4086-3- issued by Village Head and based on information Submitted by the Head of Village and Camat that a part of the above mentioned land will be issued Certificate (SKT) from the sub-district number 592.1 / 408603. Keywords        : Hak Guna Usaha, Garapan Rights Society , PTPN II
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PORNOGRAFI ANAK PADA DUNIA MAYA Farah Diba Batubara; Alvi Syahrin; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Advances in technology and the characteristics of the internet that is free resulted in the large number of children become victims of child pornography crimes. Child pornography continues to increase every year, even with the existing regulations worldwide including Indonesia still has not been able to reduce or eradicate these crimes. Problems that can be diuarikan IE, please note the development of the criminal offence of child pornography in Indonesia, the implementation of the sanctions for the perpetrators of the crime of child pornography in cyberspace in Indonesia, and the criminal law policy will come against the crime of child pornography in cyberspace in Indonesia. The research method used is the juridical normative with secondary data analyses in the form of primary legal materials and legal materials, skunder comparative juridical review to do a comparison against the setting of child crime in some countries. The data collection method used is the study of librarianship and the method of data analysis used the methods of normative qualitative analysis. Legal developments occur starting from 1946 until 2015, which is experiencing the development of good elements in certain jurisdictions as well as the criminal sanctions imposed on perpetrators of acts of pidananya. However, the current regulations are considered still hasn't been able to catch the perpetrators of child pornography in cyberspace. If seen on the application of the law, the law enforcement of criminal penalty nonetheless is in compliance as exists in laws – an invitation on perpetrators of child pornography. In penal policy that will come then to note is the study of criminal law policy regarding the anniversary of the crime of child pornography and need harmonization and connectivity in the regulations of the CRIMINAL CODE and regulations outside the PENAL CODE. Penal policy, is expected to accommodate international value adaptively adjusted with the values of Pancasila. Keywords: penal policy, child pornography, internet.
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.
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)
Publisher : Universitas Sumatera Utara

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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
PENANGANAN PEKERJA SEKS KOMERSIAL DITINJAU DARI PERDA KOTA MEDAN NO 6 TAHUN 2003 TENTANG LARANGAN GELANDANGAN DAN PENGEMIS SERTA PRAKTEK TUNA SUSILA DI KOTA MEDAN Ramadani Ramadani; Edy Ikhsan; Rosnidar Sembiring; Mirza Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The issuance of Perda Medan No. 6/2003 on the Prohibition of Bums, Beggars and Prostitution in Medan consisting of 7 articles is related to legal studies made and is aimed at realizing Medan to be Bestari city which is capable of handling prostitution in Medan. Prostitution is contradictory to religious and moral norms in the society in Medan. The number of prostitutes in Medan is still very high. Prostitutes are easily found at road sides of Medan from early evening until dawn. The policy made by Medan Municipality to overcome practice of prostitutes in Medan since 2003 is that it has issued a Perda (Regional Government Regulation). Medan Municipality coordinates with Social Agency of Medan and Polisi Pamong Praja (Civil Servant Police) Unit. The prostitutes caught in the raids are sent to Rehabilitation Center of Parawasa, Brastagi to implement the policy. The obstacles encountered by Medan Municipality to overcome prostitution in Medan consist of many factors such as the essence of the Perda. Other obstacles are contributed by the law enforcers whose work is not yet optimal; the law enforcement is influenced by internal and external factors. Keywords: Handling, Perda, PSK (Prostitution)
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 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
Co-Authors Ade Irawan Damanik Afnila Afnila Agusmidah Agusmidah Ainun Adilla Siregar Alvi Syahrin Alvi Syahrin Alvi Syahrin Alvi Syahrir Anna Kholilah Daulay Apnes Perlindungan Zaro Hura Areza, Tri Sandi Muji Arfansyah Munthe Arie Kartika Ariga, Hijrah Purnama Sari Ariga, Selviani Astria Is'a Anwi Siregar Azwar, Tengku Keizerina Devi Batubara, Dinda Aprilia Bayu Putra Samara Bornok Simanjuntak Brunner, Emil BUDIMAN GINTING Burhan Sidabariba Chairul Bariah Denny Reynold Octavianus Devi Azwar, T.Keizerina Dewi Yulia Andriany Sitorus Dian Maya Sari Dian Maya Sari Dinda Aprilia Batubara Edi Warman Edi Yunara Ediwarman Ediwarman Ediwarman Ediwarman Edy Warman 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 Fajar Amanah Ariga Faomasi Laia Farah Diba Batubara Faris Bashel, Yasmin Frans Martin Sihotang Gaol, Yulinda Regina C. Lumban Ginting, J. Putra Gita Cristin Debora Sihotang Guslihan Dasa Cipta Matondang Habibie, Maulana Habibullah Harahap Hamidansyah Putra Putra Harahap, Habibullah Harisoni Hutasoit Harris, Abd. Hasballah Thaib Hasim Purba HASIM PURBA Hasim Purba Hasim Purba Hijrah Purnama Sari Ariga Idha Aprilyana Sembiring Indra Kurnia Sinulingga Indri Romauli Marbun, Luya Iwan Wahyu Pujiarto Iwan Wahyu Pujiarto Jamaluddin Jamaluddin Jamil, Rafiqoh Putriana Jelly Leviza Jimmy Carter A. Junisyah Nasution Jusmadi Sikumbang Kaban, Maria Keke Wismana Purba Khairul Anwar Hasibuan Kinski Vania Naibaho Kondios Meidarlin Pasaribu Kurniati Siregar M. Ekaputra M. Ichsan Rouyas Sitorus Madiasa Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi Mahmud Mulyadi Mahmul Siregar MAHMUL SIREGAR Mangasitua Simanjuntak Maria Kaban Marlina Marlina Marlina Marlina Marlina Marlina, Marlina Maulana Muslim Hrp Mazmur Septian Rumapea Mhd. Yamin Miki Yanti P. Mirza Nasution Mirza Nasution Misalina Br. Bukit Mohammad Eka Putra Muhammad Akbar Siregar Muhammad Eka Putra Muhammad Ekaputra Muhammad Ekaputra Muhammad Hamdan Muhammad Hamdan Muhammad Ihsan Muhammad Nur Muhammad Ricky Rivai Muhammad Yamin Lubis, Muhammad Yamin Munthe, Arfansyah Naibaho, Kinski Vania Nasrun Pasaribu Nasution, Junisyah Nasution, Mirza NINGRUM NATASYA SIRAIT Novita Rahmaini Tumanggor Nurbaiti Nurbaiyah Siregar OK Saidin OK. Saidin Pendastaren Tarigan Pinem, Faisal Hadi Pohan, Desi Permatasari Purba, Asrot Putra Rizki Akbar Putri Ramadhona Rambe Putri Rumondang Siagian Rafiqoh Putriana Jamil Ramadani Ramadani Ramli Tambunan Randy Anugrah Putranto Renhard Harve Reni Asmara Ariga Ridha Fahmi Ananda Rina Melati Sitompul Rinaldi Rinaldi Robert Rosmalinda Rosnidar Sembiring Rosnidar Sembiring Rudy Rudy Runtung Runtung Saddam Hussein Saddam Yafizham Lubis Saidin Saidin Saidin, OK saidin, saidin Santi Silaban, Susi Sari Kartika Sembiring Selviani Ariga Sibarani, Fauzi Anshari Sihotang, Frans Martin Silitonga, Glotty Christina Sinambela, Maichael Sinulingga, Indra Kurnia Sisera, Perida Apriani Sri Budi Astuti Sri Budi Astuti, Sri Budi Sugeharto Imam Wibowo Suhaidi Suhaidi Sulaiman Al- Hafiz Rambe Sunarmi, Sunarmi Suprayitno Suprayitno Susi Santi Silaban Sutiarnoto Sutiarnoto Syafruddin Kalo Syahrir, Alvi Syaiful Asmi Hasibuan, Syaiful Asmi Syarifah Lisa Andriati Tan Kamello Tan Kamello Tengku Keizerina Devi Tony Tony Tri Sandi Muji Areza Trisna, Wessy Utary Maharani Barus Utary Maharani Barus, Utary Maharani Utary Maharany Barus Wahyudi Chandra Wessy Trisna Winda Asry Yati Sharfina Desiandri Yosef Warmanto Panggabean Yowa Abardani Lauta Yulinda Regina C. Lumban Gaol Yusuf Hanafi Pasaribu Zahra, Dania Zai, Fransiskus Rahmad