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All Journal USU LAW JOURNAL Jurnal Pencerah Bangsa
Alvi Syahrin
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PERANAN PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) PERPAJAKAN DAN PENYIDIK POLRI DALAM PENANGANAN TINDAK PIDANA PERPAJAKAN Siti Maimana Sari Ketaren; Alvi Syahrin; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The tax is an important thing as welfare state as one of income source for the increasing of social welfare in a state. Indonesia is one of nation that put tax as one of state income source although it has not yet put tax as one of increasing of society welfare. In the law enforcement process include the tax law enforcement, it always face to criminal justice system. This system is one of system to eradicate the crime in a society. Crimnal justice system has any components, i.e. police, attorney, court, and correctional instituation. In addition to the component of the criminal justice system, there is one specific component for the case of tax, i.e. the civil servant investigator (PPNS) who has responsibility to do the investigation if there is a crime in tax to support the public attorney in handle the tax case. The role of PPNS as instuation out of Police aims to help the task of police in to the investigation that determined in the Crime Procesure Law and Act No. 2 of 2002 concerning to the Police of republic of Indonesia. PPNS or Police must helpot one to the others especially in provide the required information about the crime case to support the crime investigation actually and completely to avoid the intersect of authority in do the investigation that requires the coordination and supervision between the related instituation in enforcement, and socialization of the rule related to the authority in any investigation and to obtain the understanding about the task and authority for each instituation. Through this socialization it will eliminate the gap between the instituation and realize the complete instituation.
ANALISIS HUKUM TERHADAP KEWAJIBAN SERTIFIKASI ISPO (INDONESIAN SUSTAINABLE PALM OIL) DALAM KAITANNYA DENGAN PERTUMBUHAN INVESTASI DI INDONESIA (STUDI PADA PT REA KALTIM PLANTATION – JAKARTA) Mutiara Panjaitan; Alvi Syahrin; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Both Indonesian Sustainable Palm Oil (ISPO) and the Roundtable on Sustainable Palm Oil (RSPO) are equally defined as a palm oil certification system that adheres to the principles of sustainable and environmentally growth for all plantation company. RSPO certification is a voluntary that differs from the ISPO which is compulsory (mandatory). ISPO obligations arises from the enactment of the Minister of Agriculture No. 19/Permentan/OT.140/3/2011 Guidelines on Sustainable Palm Oil Indonesia. For PT Rea Kaltim Plantation, as an RSPO certified and has obtained another sustainable and environmental certification, the obligation to implement ISPO regulation become the polemic since such regulation will obligated PT Rea Kaltim Plantation neither from the financial nor for the government aspect. Eventually, the status of the ISPO should be analyzed, since there is an argument that ISPO has no legal binding/legal force, meanwhile, according to the Agriculture Ministry which stated that the ISPO regulation is binding and has legal force, therefore, every Indonesian palm oil companies should become  the subject to such requirement.  ISPO legislation is binding by law because under the Article 8, paragraph (2) of Law No. 12 2011, states that the rules can be established by such authority. ISPO requirement is established by the duties and authority of the Ministry of Agriculture and therefore this requirement has any legal binding/legal force that set up for it. The higher legislation, equal to the Presidential Decree should be released in ordered to established ISPO requirement; the failure of the Government in promoting ISPO certification must be addressed; In addition of oversight the regulation of ISPO, the Indonesian oil palm companies should remained firm and commit in applying ISPO certification and. Keywords      : Roundtable on Sustainable Palm Oil (RSPO), Indonesian Sustainable Palm Oil (ISPO) Regulation, and Legal Position ISPO Regulation
PERTANGGUNGJAWABAN PIDANA TERHADAP KEGIATAN MENGEDARKAN PRODUK SEGAR HORTIKULTURA IMPOR YANG TIDAK SESUAI DENGAN STANDAR MUTU DAN/ATAU KEAMANAN PANGAN MENURUT UU NO.13 TAHUN 2013 TENTANG HORTIKULTURA Kartina Pakpahan; Alvi Syahrin; Mahmud Mulyadi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Distributing Imported Horticultural Fresh Products to consumers takes a long time or days so that they have to meet the quality standard and/or food security so that they will be safe to be consumed and will not harm consumers health and social welfare. Article 88 Paragraph 1 and 4 of law No.13/2010 on Horticulture regulate responsibility that everyone who distributing imported horticultural fresh products have to meet quality standard and/or food security. Criminal provision expressly stated in the article 128 and 129 of law No.13/2010 on Horticulture, anyone who distributing imported horticultural fresh products that do not meet the quality standard and/or food security required criminally accountable for his actions because it is very harmful to human health both present and future generations. The Criteria of quality standard and/or food security is stipulated in PP No.28/2004 on Food, Quality and Nutrition. Criminal responsibility, applied to perpetrators in criminal act and implemented in the principle of “no crime without any fault”. Fault aspects can be in the form of taking responsibility, willfulness or negligence and excusing liability. The three aspects cannot be separated since they depend on one to another consecutively, an indispensable element for legal subject to be accountable committing the criminal act distributing imported horticultural fresh products that do not meet the quality standard and/or food security. Legal subjects that anyone can be responsible consist of Individuals,Official Empowered to have autority in giving permit, supervision in distributing imported horticultural fresh products, and corporate comprising legal entity and is not a legal entity.
PERLINDUNGAN HUKUM HAK KEPERDATAAN WARGA MASYARAKAT DI ATAS TANAH YANG BERADA DALAM KAWASAN HUTAN BERDASARKAN SK MENTERI KEHUTANAN RI NO. SK. 463/MENHUT-II/2013 DI KOTA BATAM Lia Nur Aini; Runtung Runtung; Alvi Syahrin; Rosnidar Sembiring
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Appointment forests of Riau Islands Province was first carried out on the basis of Forestry Ministerial Decree No. 173 / Kpts-II / 1986 dated June 6, 1986 on the appointment of the Provincial Forest Area In Riau As provincial, Forest Area. The ministerial decision based on the result of an agreement among the various agencies dealing with space management. As a result of agreements between institutions, the Minister of Forestry is better known by the term forest Forest Land Use Agreement (TGHK). But in doing development does not follow the BP Batam Forestry Ministerial Decree No. 173 / Kpts-II / 1986 and Minister of Forestry Decree No. 47 / Kpts-II / 1987. On June 27, 2013, the Ministry of Forestry issued a decree, the Minister of Forestry Decree No. 463 / Menhut-II / 2013, which resulted in several regions in Batam which has built the existing public facilities such as ports, housing, residential areas, shopping malls, business centers and industrial center that has been granted permission by the BP Batam, through Decree 463/2013 is designated as forest area and forest zone status yet Other (APL) which causes doubts for the community will be the status of legal certainty of land rights that they have, this resulted Decree 463/2013 is being debated in the Riau Islands. Communities, businesses, and even traditional leaders in Riau Islands protest. Keyword : legal protection, Civil rights, Forest
TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA PENGEMBANG PERUMAHAN DAN KAWASAN PERMUKIMAN DALAM PENYEDIAAN PRASARANA, SARANA DAN UTILITAS UMUM BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN Nurpanca Sitorus; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT As a housing developer who is responsible for carrying out the construction of the PSU is not free from criminal responsibility if negligent or intentionally does not perform its obligations. Criminal offenses committed by the Real Estate Developer in the provision of infrastructure, facilities, and public utilities in the development of housing and residential areas under Law No. 1 of 2011 on Housing and Settlement Zone, namely mengalihfungsikan infrastructure, facilities, and public utilities outside the function, sell units settlements, before finishing the status of land rights or Lisiba residential environment first, develop the housing, which does not build housing in accordance with the criteria, specifications, requirements, infrastructure, facilities, and public utilities agreed, build housing and / or settlements outside the region specifically earmarked for housing and settlements, build housing, and / or settlements in place that could potentially pose a danger to people or goods Keywords: Crime, Criminal Responsibility, Real Estate Developer and Settlement Regions.
PERTANGGUNGJAWABAN PIDANA DALAM KEJAHATAN PERBANKAN Yohana Yohana; Alvi Syahrin; Muhammad Hamdan; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Human economic life at this time is closely related to banking. Banking serves as a crutch to help the needs of human life by running the bank business. Law No. 10 of 1998 defines a bank as a legal entity which collects funds from the public in the form of savings and distribute them to the public in the form of loans and / or other forms in order to improve the living standard of the people. Types of crime in the banking world is related to licensing (the crime of illegal bank), bank secrecy, the bank business, as well as the supervision and guidance of banks. The imposition of criminal responsibility is certainly a must satisfy the two other elements of an error or flaw in the nature of the act and the absence of a good reason for removal of criminal justification or an excuse. Keywords : Criminal Responsibility, Crime Banking.
"HUBUNGAN ANTARA KESENGAJAAN TERHADAP PERTANGGUNGJAWABAN PIDANA DALAM KASUS KECELAKAAN LALU LINTAS DI JALAN YANG MENYEBABKAN HILANGNYA NYAWA ORANG SESEORANG" M Budi Hendrawan; Alvi Syahrin; Budiman Ginting; Mahmud Mulyadi
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Traffic is also known with the intent and negligence. Most formulation of a criminal offense, the element of intent or called by opzet is one of the most important elements. Relation to the element of intent, then when in a formulation of criminal acts are acts intentionally or commonly referred to opzettelijk, then this master element intentionally or include all the other elements that are placed behind and had to be proven. Relation to traffic accidents is in terms of motor vehicle driver negligent in maintaining the safety of themselves and others. This study aims to identify and analyze the relationship with punishment deliberate, intentional element which can be applied in sentencing traffic accidents, and the element of punishment in a traffic accident that resulted in the death of the element of intent. Keywords : traffic accidents, punishment deliberate
“PERAN POLRI DALAM PENYIDIKAN TINDAK PIDANA YANG TERKAIT DENGAN MULTI LEVEL MARKETING”. Ronny Nicolas Sidabutar; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Business industry Multi Level Marketing (MLM) is a lucrative market society especially with the promised bonuses obtained upon the sale of its products. However, there are also business masquerading as MLM, low quality products but a bonus for members is very large, so as to make the public flocked to follow the program masquerading as MLM business. The issues raised in this study is whether there is legal provision that can ensnare actors masquerading as MLM business practice is, how do I determine the guise of MLM business practices or is actually MLM company that actually benefit from the sale of its products, and how the criminal responsibility of the perpetrators who commit impersonate MLM business practices whether liability or responsibility inpersoon legal entity (legal entity).
PERTANGGUNGJAWAB PIDANA RUMAH SAKIT TERKAIT DENGAN TINDAK PIDANA LINGKUNGAN HIDUP YANG DILAKUKAN PEGAWAI RUMAH SAKIT Hanna Niken Sihotang; Alvi Syahrin; Muhammad Eka Putra; Utary Maharany
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Health as one of the elements of the common welfare must be realized through a variety of health in the context of the development of a comprehensive and integrated health supported by a national health system.. In terms of obtaining the authorization for hospital waste treatment there are also requirements that include environmental health efforts (UKL), environmental monitoring efforts (UPL), and or environmental impact assessment (EIA) which is regulated in the Act no.44 of 2009 on hospital. However, if the hospital does not have a license as referred to in Article 25 paragraph (1) it will be subject to criminal sanctions in accordance with Article 62 of Law No. 44 Year 2009 In violation Enviromental Law. Hospital sued in violation of Article 102 Enviromental Law. Then the responsibility of the administrator in the event of environmental contamination associated with hospital waste hospital administrators the responsibility associated with environmental crime in accordance with Article 117 which states that if criminal charges are filed with the leader giving the order or a criminal offense in this case was referred to committee in Article 116 paragraph (1) letter b, then a sentence of imprisonment and imposed a fine is increased by one third. Enviromental Law itself regarding criminal liability of legal entities pollutant / destroyer of the environment which is as set out in Article 116, which is well within the legal person as well as against those who gave the order or who acts as a leader in an action (destroy / pollute the environment) or against both. Accountability of hospitals associated with environmental crime set in Article 119 Enviromental Law that the entity may be subject to additional criminal or disciplinary action. Hospital administrators and accountability related to environmental crime under Article 116 paragraph (1) letter a and b. Keywords : criminal liability, environmental crime, enviromental law
PERTANGGUNGJAWABAN PIDANA ILLEGAL LOGGING (PEMBALAKAN LIAR) SEBAGAI KEJAHATAN KEHUTANAN BERDASARKAN UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN DAN UNDANG-UNDANG NO. 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Ramsi Meifati Barus; Alvi Syahrin; Syamsul Arifin; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Continuous destruction of natural forest has caused the decrease in the forest area. The problem of criminal act in forestry, especially illegal logging, is a very complicated problem to be coped with since the criminal act is very serious, well-organized, and has inter-state range. The people’s lack of knowledge in the importance of forest for human benefit and the weakness of law has caused the complexity of any effort to handle illegal logging. Law No. 14/1999 on Forestry has not yet formulated the definition of illegal logging so that it causes multi-interpretation. Besides that, there are many weaknesses in the previous legal provisions which cause the prevention and the eradication become complicated. Therefore, Law No. 18/2013 on the Prevention and the Eradication was established. The result of the research showed that the criminal elements of illegal logging were found in Article 12 points a, b, c, d, e, f, and g, and in Article 19 points a, b, c, d,  and f of Law No. 18/2013. Criminal responsibility of the perpetrators of illegal logging individually and corporately, either intentionally or because of negligence has been formulated in Articles 82 up to 85, in Article 94, and in Article 98. The reasons for annulling the criminal act is found in Article 11, paragraph (3) and in Article 13, paragraph (2) of Law No. 18/2013. Keywords: Criminal Responsibility, Illegal Logging
Co-Authors Aca Surya Putra Zai Anggara Suryanagara Aras Firdaus Armansyah Siregar Arpan Carles Pandiangan Bismar Nasution Bismar Nasution Nasution Boy Amali BUDIMAN GINTING Chairul Bariah Dedi Harianto Dina Karlina Amri Lubis Dita Kartika Sari Hasibuan Edi Yunara Edy Ikhsan Edy Yunara Elfirda Ade Putri Elikson Rumahorbo Erlangga Prasady Esron Silaban Fahmi Tanjung Faisal Akbar Nasution Faisal Rahmat Husein Simatupang Farah Diba Batubara Fitria Ramadhani Siregar Frendra AH AH Frima A Sitanggang Gunawan Sinurat Hana Oktaviana Fahlevi Hanna Niken Sihotang Hariyatmoko Hariyatmoko Hasim Purba Hendri Nauli Rambe Henry Sucipto Sanjaya Sirait Herri Gunawan Sipayung Hiras Afandy Silaban Immanuel Simanjuntak Jelly Leviza Jennifer Jennifer Jimmy Fernando Dapot Sianturi Johannes Pasaribu Junhaidel Samosir Jusmadi Sikumbang Kartina Pakpahan Khairul Imam Kharisma S Ginting Lani Sujiagnes Panjaitan Lestari Victoria Sinaga Lia Nur Aini Lidya Ruth Panjaitan Ludy Himawan M Budi Hendrawan Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marlina Marlina Marlina, Marlina Marthin Fransisco Manihuruk Mazmur Septian Rumapea Meilisa Bangun Muhammad Andi Dirgantara Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Hasballah Thaib Muhammad Isnayanda Muhammad Reza Azhar Muhammad Ryan Rainaldi Mujita Sekedang Mulya Hakim Solichin Mutiara Panjaitan Nurpanca Sitorus Oki Yudhatama Pendastaren Tarigan Pranggi Siagian Prastiyo Triwibowo Rachmat Aribowo Ramsi Meifati Barus Rasina Padeni Nasution Robinson Sihombing Ronald F. C. Sipayung Ronni Bonic Ronny Nicolas Sidabutar Rosalyna Damayanti Gultom Rosnidar Sembiring Runtung Runtung Rusdi Marzuki Samandhohar Munthe Samsul Aripin Silitonga Sanwani Nasution Sari Devi Tumanggor Siti Maimana Sari Ketaren Stevani Phinta Silaban Suandi Fernando Pasaribu Suhaidi Suhaidi Sunarmi, Sunarmi Suplinta Ginting Sutiarnoto Sutiarnoto Syafruddin Kalo Syamsul Arifin Tedi Franggoes Andri Siburian Utary Maharany Wira Prayatna Yohana Yohana Zikrul Hakim Zulfahmi Zulfahmi