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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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PENJATUHAN SANKSI PIDANA TERHADAP ANAK PELAKU KEJAHATAN Pranggi Siagian; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sanctions provided judges against juvenile offenders is in the form of sanctions measures and sanctions in prison, but within 30 (thirty) decision of the district court examined, the judges are more likely to sanction a prison, whereas criminal sanctions contrary to Child Protection Law. Of 30 (thirty) cases studied judge gives legal considerations through legal facts, facts trial, judgment based on a minimum of two (2) valid evidence, along with confidence, asking the opinion of the Board of Corrections and parents of children , and takes into account aggravating elements as a result of the defendant and the defendant relieve elements. The basic consideration in decisions to judges of juvenile offenders see in terms of the elements of the article have been met and other considerations is that such action can cause public unrest, as well as the obligations of judges in the decision to consider a report on the research community and the opinion of parents, as well as facts law and the facts in the trial are revealed, plus juridical considerations, this will give an overview to for the judge to make a decision that is fair.
PERZINAHAN DALAM PRESFEKTIF ISLAM SEBAGAI ALTERNATIF PEMBAHARUAN HUKUM PIDANA TENTANG PERZINAHAN DI INDONESIA Hendri Nauli Rambe; Alvi Syahrin; Muhammad Hasballah Thaib; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Adultery is a criminal act in Indonesia; it is regulated in the Criminal Code as it is stipulated in Chapter XIV on Criminal Act against Morality, and specifically in Article 284 on Adultery. But law on adultery in the Criminal Code is different from that in fiqh finayah in Islam because there is the difference in committing adultery, responsibility, and legal aid for adulterers in the two systems.The result of the research shows that adultery stipulated in the Criminal Code was incorrect since it implies that adultery will impose the sanction only on those who are married and the punishment does not have any cured effect for the perpetrators. On the other hand, the Islamic law will punish those who are married and single and imposes ‘hudud’ for the perpetrators. Indonesia that is based on religion and the majority of its people are Moslems should carry out religious sharia completely. The Islamic law can be used as an alternative for the innovation of the criminal law about adultery in Indonesia that does not respect moral and religion.It is recommended that law makers, especially those who draft the Bill of the Criminal Code on indecent assault, should pay attention and consider religious and cultural values in society, and the Indonesian citizens should give values and understanding about religion in families. Keywords: Adultery, Islamic Law, Innovation of the Criminal Law
PEMBEBASAN BERSYARAT (PB) BAGI PENYALAHGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KLAS I TANJUNG GUSTA MEDAN Suandi Fernando Pasaribu; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT One part of coaching Prisoners in the correctional system is the presence of the Parole (Voorwarlijke Invrijheidsteling). Narcotic crime is a crime that is complex because of the narcotic crime, the offender can be at once a victim. Best coaching against inmates is returned / integrated in society and not electrically insulated with iron bars. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. The method used in this research is normative and empirical legal research and analytical descriptive nature by using primary legal materials, secondary and tertiary analyzed normatively. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. Summing up, first, the implementation of parole for abusers of narcotic refers to the Indonesian Government Regulation Number 99 of 2012, Second, efforts to address the employees of prisons are required to discipline the prisoners for good behavior, requiring tightening legislation, increasing the number of prison staff, perform retrieval Quotes Judge (Extra verdict). Third, the supervision of inmates required to report once a month or once every 3 months to Hall of Corrections with program officers visit the client's home to inmates. Keywords: Parole, narcotics abusers, Penitentiary
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
PENERAPAN PEMBUKTIAN TERBALIK DALAM PERKARA GRATIFIKASI Lestari Victoria Sinaga; Alvi Syahrin; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Based on the results of this study, the idea of the principle of reversal of the burden of proof imposed a total and absolute terms has been accepted since the Act No. 3 of 1971 with the formulation of the defendant can prove that he is not corrupt, but the burden of proof of alleged corruption in the hands of the public prosecutor. Legislation is only put evidence as a “shift” only instead of “reversal” burden of proof, so that the term in Law No. 31 of 1999 on a system of proof is reversal of the burden of proof is limited and balanced. Implementation of the system of proof in a criminal act of gift giving No. 98 / Pid.Sus / Tpk / 2013 Bandung District Court on behalf of Billy Sutejo that the use of money to establish a Building Permit is used for its own sake. The judge in imposing the acquittal to the accused is the misinterpretation of article 12B, paragraph 1, letter b clarified that the corruption is a formal offense, enough with the fulfillment of the elements of the act does not have to exist as a result. This has become less conscientious judge in making a decision. Excess application of reversed burden of proof is accused human rights protected in front of the court in terms of evidence. Description defendant help ensure public prosecutor in the trial. While the weakness is first of proof that an article that is not in the bedroom but the law can not be applied into practice. Keywords: Reversal of the Burden of Proof, Gratification, Corruption Criminal Act
PERUBAHAN PERATURAN MENTERI PERTANIAN REPUBLIK INDONESIA NO.26/PERMENTAN/OT.140/2/2007 MENJADI NO. 98 /PERMENTAN/OT.9/2013 DAN PENGARUHNYA TERHADAP PERTAMBAHAN INDUSTRI PENGOLAHAN KELAPA SAWIT DI KABUPATEN LABUHAN BATU UTARA Elikson Rumahorbo; Alvi Syahrin; Pendastaren Tarigan; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The development of oil palm plantations in Indonesia has affected the economic development in Indonesia. But economic development is only felt by group of companies.  This is caused by the regulations do not give justice to all parties. Changes in Regulation of the Minister of Agriculture of the Republic of Indonesia No.26 / 2007 called Permentan meyebutkan that to build a palm oil mill must have the raw material from its own oil palm plantations at least 20%, these regulations become an obstacle to the development of palm oil mills, because in fact no longer available land for built new plantations. Therefore Permentan converted into Permentan 98/2013, which allowed the construction of palm oil mills without gardens on condition makes sustainable cooperation with the oil palm growers. Company owner IUP-P is also required to facilitate people palm garden development, environmental and social responsibility, and shall divide the shares ownership of the factory to the farmers as a supplier of raw materials. The government of Labuhan Batu Utara district has issued a permit to build a palm oil mill without a garden called IUP-P as much as 3 units. Construction of palm oil mills have brought benefits to the oil palm growers. However, in the implementation of IUP-P in Labuhan Batu Utara district government lacks transparency in terms of time, cost and procedures for the issuance of permits IUP-P. Less government involve the community in the process of issuing permits this could lead to losses because investors are becoming less interested in investing. The government should be able to apply the principles of good governance, namely the principle of transparency, accountability and good  governance  in  order  to  invest  more advanced. Key words: (1) Licensing, (2) the Government, (3) Development of Palm Oil Processing Industry
DAKWAAN BATAL DEMI HUKUM SETELAH PEMERIKSAAN POKOK PERKARA DALAM SIDANG PENGADILAN (Studi Putusan Nomor 19/Pid.Sus/2015/PN.Sim) Anggara Suryanagara; Alvi Syahrin; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is very interesting to analyze when a summons was legally annulled by the judge after substance of the case was examined and indictment was read and it is stated as the last decision. The problems of the research were as follows: first, why the judge handed down the verdict which stated that the summons was legally annulled and the examination of the substance of the case and the indictment was related to the prevailing legal provisions; and secondly, whether the summons which was legally annulled in the Verdict No. 19/Pid.Sus/2015/PN.Sim could be summoned before the court when it is related to the principle of ne bis in idem. The judge’s verdict which stated that the summons was legally annulled after the examination of the substance off the case and the indictment in the Verdict No. 19/Pid.Sus/2015/PN.Sim was based on the explanation that the indictment was inaccurate, unclear, and incomplete. The person, Rikal, in the summons was not presented, no action was done, and he was listed in the Man Wanted List. Besides that, each person’s role was not explained. The amount of money received by Rikal was not in line with the fact in the proceedings. According to the legal provisions, the judge’s verdict was contrary to the principle of Justice and brought about legal uncertainty in the abrogation of the summons. The abrogation of the summons is bound to the principle of ne bis in idem since the subject of the case had been examined and the indictment had been read so that the verdict was categorized as acquittal and the principle of ne bis in dem was bound which indicated that the prosecutor could not file the case to be examined, indicted, and tried twice; it could only be appealed to the Supreme Court. It is recommended that Article 156, paragraph 2, Article 143, paragraph 2 letter b, and Article 191, paragraph 2 of the Criminal Code be interpreted widely, acquittal is not only related to a criminal case but also the summons is inaccurate, incomplete, and unclear, and the prosecutor appeal the case to the Supreme Court and not to the Higher Court.   Keywords :               Summons, Indictment is legally Annulled, Examination of the Subject of the Case, Principle of Ne bis in Idem
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK (JUVENILE JUSTICE SYSTEM) DI INDONESIA Aras Firdaus; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
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ABSTRACT   Sexual crimes committed by children is not necessarily completely because of the desire of the children themselves. Children who commit violations of the law or committing criminal actions greatly influenced several other factors outside themselves like children Association, education, play and so on. Provide protection against children from the influence of the process of the formal criminal justice system, then the human thought has occurred or the legal and humanitarian experts to create formal rules of action issuing a child who commits a violation of the law or committing criminal acts from the criminal justice process by providing an alternative that is considered better for children. The issue raised in this research, is how form of legal protection for perpetrators of the criminal act of sexual crimes according to the provisions of laws and regulations, and how the role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crime. Result the studies show that form of legal protection against the perpetrators of sexual violence can be seen inside and outside of the criminal code and code of criminal procedure. According to the provisions of the criminal code stated that the overthrow of a punishment to a child is the last effort, and concerns the punishment given to a child that is different to adults. Code of criminal procedure specifies the rights of the child who became the suspect or defendant upon the criminal deeds he had done. The role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crimes began from the police institution is the institution of the first state to intervene against the child in conflict with the law. Arrests, anchoring, the investigation, and the investigation is the police authority to enforce the criminal justice system, which in the exercise of police authority given the task is diskresi where diskresi is the legal authority the authority in which the police has the right to continue or discontinue a matter. Based on this authority can divert police against a things of the child so that the child does not need to be confronted with the completion of the criminal court formally. Keywords: Sexual Violence, Children, Versioned
PENYITAAN HARTA KEKAYAAN PELAKU TINDAK PIDANA MONEY LAUNDERING DITINJAU DARI WAKTU TERJADINYA TINDAK PIDANA (TEMPUS DELICTI ) (Studi Putusan MARI No.1195/K/PIDSUS/ 2014) Elfirda Ade Putri; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Verdict of the Jakarta Pusat District Court No. 38/pidsus/tpic/2013/Pn.Jkt.Pst indicted Luthfi Hasan Ishak for committing money laundering with 18 year-imprisonment. The result of the research showed that the confiscation of the property which came from money laundering criminal act that occurred before tempus delicti could be performed as it was stipulated in Chapter V, part 4 from 38 until Article 46 of the Penal Code, and some part of it stipulated in Chapter XIV on   Confiscation stipulated in Article 1, letter 16 of the Penal Code. The judge’s consideration in his verdict was not contrary to das solen and das sein. In this case, the defendant’s statement could not prove that his property was obtained from LHKPN so that the panel of judges concluded that his property came from corruption criminal act. Judges as part of law enforcement should improve their performance in their verdicts in upholding legal certainty, sense of justice, and benefit. Keywords: Confiscation of Property, Money Laundering, Tempus Delicti
PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA MAKAR OLEH ORGANISASI PAPUA MERDEKA (OPM) DI KABUPATEN JAYAWIJAYA (StudiPutusanNomor 38/Pid.B/2011/PN.Wmn) Lani Sujiagnes Panjaitan; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A mutiny criminal act is related to a state security. A munity threats legal interest and the safety of Unitary State of the Republic if Indonesia as stipulated in Chapter I book II of Penal Code which consist of three form, namely the mutiny which attacks the legal interests for the safety of Head of State or his/her Vice (Article 104 Penal Code), the unity of State regions (Article 106 Penal code), and the enforcement of State Government (Article 107 Penal Code. The formulations of problem in the research are whether the act done by the Liberating Papua Organization (LPO) is classified as mutiny, how the legal responsibilities towards the mutiny criminal act done by the LPO in the District Of Jayawijaya are, how the implementation of penal code on the mutiny criminal act done by the LPO in District of Jayawijaya based on the verdict No.38/Pid.B/2011/PN.Wmn is. The research result showed the act done by the LPO was a mutiny stipulated in the article 106 Penal code an hasfullfilled the elements whose goal was to conquer the region of state fully or partly under the foreign government with the intetion to separate some parts of the state region. The existence of conscious cooperation. Consequently, all defendants subjected tho the same crimes. Implementation of penal code towards the mutiny criminal act done the LPO in the verdict No.38/Pid.B/2011.PN.Wmn that the judge has implemented the Article 106 Penal Code Jo Article 55 clause (1) in the 1st , namely by sentencing 8 years in prison to every member of LPO.   Keywords : mutiny criminal, Liberating Papua Organization
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