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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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ANALISIS YURIDIS PERAN POLRI DALAM PENANGGULANGAN TINDAK PIDANA PEMALSUAN MATA UANG TERKAIT DENGAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Ronald F. C. Sipayung; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of Indonesian Police in coping with the criminal act of counterfeiting currency was  repressively performed through the enforcement of criminal law which is the action of eradication and the same time crushing the crime by the law enforces in criminal justice system. Coping with the crime through repressive action began from the Police Department assigned its members as investigators. Law on currency has formulated the expansion of the investigators activities within the framework of proving such as the investigator has the right/authority to open the access or to check and make copies of the electronic data saved in the computer file, internet networking, optical media, as well as all others forms of electronic data storage. The investigators may seize the evidence from the owner and provider of electronic services. Besides the repressive action, pre emtive and preventive actions are also needed through the socialization and inter-sectoral coordination wuth the holders of authorities in the field of currency.   Key words : Role of Indonesian Police, Criminal Act, Currency Counterfeiting.
PERAN POLRI DALAM MENGIMPLEMENTASIKAN RESTORATIVE JUSTICE PADA PENANGANAN PERKARA PIDANA (STUDI DI POLRES BINJAI) Ronni Bonic; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Restorative justice practices will be assessed on the dimension correlated with the enforcement of criminal law (law enforcement) conducted by the national police, for example correlated with the handling of cases handled by the fuction of detective in the investigation of crime. The framework used by the function of detectives in the investigation process that is based on a formal judicial or termination of criminal cases, the problems that arise are already fulfillment of the element of criminal elements when faced with problem resolution through restorative justice which takes precedence or ruled out, if embraced by the the community provided they are not contrary to the principles of criminal law. The role of the national police to implement restorative justice can not be separated from the rule of law is the basis for both the laws and regulations of the national police and the the national police internal policies that define the telegram letter head of the national police headquarters criminal detectives. Restorative implement justice carried out by national police detectives who carry out function basically intended for handling cases of children, common interests and the maintenance of social order.   Keywords : National Police, Restorative Justice, Criminal Cases Handling
ANALISIS YURIDIS KONTRAK OLEIN PADA PERDAGANGAN BURSA BERJANGKA JAKARTA Armansyah Siregar; Bismar Nasution; Alvi Syahrin; Sanwani Nasution
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACTThe development of the world economy into the modern era, in which various forms of financial business is growing rapidly, futures exchange can be used as a modern institution of agricultural commodity trading, commodity futures or commodity exchange is present in hopes of helping to run the risk of price fluctuations that occur. Indonesia as a country that has a variety of commodities requiring a transaction mechanism that is organized, orderly, fair, effective, and efficient, the Jakarta Futures Exchange (BBJ) was formed to facilitate the means of transaction between buyers and sellers meet in a futures contract with a brokerage firm stock exchange members. The setting of the type-olein contract to be traded and regulated in the Code Jakarta Futures Exchange. Based on the results of research to understand the procedures for futures transactions, the transaction can only be traded on an exchange, and traded by parties who have a license / business from BAPPEBTI, and conducted in accordance with the rules and regulations applicable stock exchange, as well as setting the futures contracts to be traded Regulation and Discipline of the Jakarta Futures Exchange, futures contracts have a standard form contracts based on the specifications that have been established such as the quality, type and clear pricing. Futures contract has a clearinghouse that guarantees fully to completion transksi on futures contracts. The terms of the payment made in the form of futures trading margin. Futures contract has a trading and closing hours every day (daily settlement) and any futures position can be closed at any time.Keywords: contract, olein, trading, Jakarta Futures Exchange.
PENJATUHAN PIDANA BERSYARAT DALAM TINDAK PIDANA LINGKUNGAN HIDUP (STUDI PUTUSAN NO. 319/PID/B/2013/PN.BB) Meilisa Bangun; Alvi Syahrin; Syamsul Arifin; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The implementation of probation does not apply solely on individual legal subject but also on corporate/ business entity as referred to in Verdict No. 319/Pid. B/2013/Pn. BB where the Defendant Lee Jong Hoan a.k.a Mr. Lee which categorized as the person who give order to proceed or the person who acted as the leader of the waste dumping activity to the environmental media without any permit. For the abovementioned action, Lee Jong Hoan a.k.a Mr. Lee is sentenced imprisonment for 10 (ten) months and do not have to undergo the imprisonment unless Lee Jong Hoan a.k.a Mr. Lee re-commit any criminal action before the probation period ends. The probation period applies for 1 (one) year, and sentenced Lee Jong Hoan a.k.a Mr. Lee to pay fine with the amount of IDR 5,000,00 (five million rupiah). The result of this research is that the provision regarding probation is not regulated in the Environmental regulation, but only in the KUHP. The sentence of conditional criminal charge in Verdict No. 319/Pid. B/ 2013/Pn. BB is not suitable because the act that the defendant committed is categorized as crime and the violation of environmental right, the penalty which was given to the defendant should be added to one-third because the defendant was the person who give order  to commit the criminal activity. The sentence of probation in environmental crime should refer to KUHP. Keywords: Probation, Environmental Crime.
ANALISIS YURIDIS KEBIJAKAN PEMIDANAAN DENGAN HUKUMAN KEBIRI TERHADAP PELAKU PEDOFILIA Muhammad Andi Dirgantara; Syafruddin Kalo; Alvi Syahrin; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sentencing policy with castration punishment is a form of government efforts to suppress the sexual abuse of children were recently increased. Award gelding punishment for pedophiles do with chemical castration. objects that are discussed in this study is to answer the question about the policy of punishment for pedophiles in Indonesian positive law, setting penalties gelding by Perppu No. 1 2016 on the Second Amendment Act No. 23 of 2002 on Protection of Children and penalties gelding in the perspective of Islamic law and human rights, this research then produced several conclusions that pedophilia is a disorder of sex deviates experienced by adults the sexual attraction to children that lead to rape and / or sexual abuse, perpetrators be punished gelding was ever convicted offenders with similar criminal offense and punishable by life imprisonment or imprisonment of at least 10 (ten) years. in Islamic law does not use neuter punishment for perpetrators of rape or sexual abuse and differences of opinion against punitive castration for pedophiles rights terms manusia.Berdasarkan conclusions obtained in this study, it is suggested not only add to the type and weight penalties for pedophiles but also consider the interests of children who are victims of sexual violence, the perpetrators were never convicted the same and has serious impacts should be put to death without punishment made a gelding and reviewing punitive castration for pedophiles. Keywords: Policy Punishment, Punishment gelding, Actors Pedophilia
PEMIDANAAN TERHADAP OKNUM POLRI YANG MELAKUKAN TINDAK PIDANA ILLEGAL LOGGING Stevani Phinta Silaban; Alvi Syahrin; Suhaidi Suhaidi; Edy Yunara
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Illegal Logging is the act of violation of the law committed by any person or group or legal entities in the field of forestry. The overtrhrow of punishment against the person who did the crime police Illegal Logging should be his punishment in more heavy because according to section 13 of act number 2 of 2002 on State Police of The Republik Indonesia in which one of the tasks of the Police is to enforce the law. By using the methods of normative legal research this research will examine about the overthrow of punishment against the person who did the crime Police Illegal Logging and analyzing how the overthrow of punishment procces in the Labora Sitorus as Polres Raja Ampat members who commit criminal acts of Illegal Logging. The result showed that the overthrow of punishment against the police who did the Illegal Logging in section 78 act No. 41 of 1999 on forestry is said to be given criminal sanctions against any person heavy money unlawful din forestry. The overthrow of punishment against the police whi did the Illegal Logging to him must be given criminal heavy punishment because Labora Sitorus is the Police should not be confused with the penalty of civil society. In accordance with the provisions of book 1 of the Penal Code concerning heavy criminal. Basic consideration fo judges in a Judex Facti da until at the level of the supreme court is getting hard punishment Labora Sitorus into 15 years in prison because he found the wrong aplicationof the law and in consideration of its judges also to heavy the defendant because the defendant is a plurality of the national police.   Keywords : Criminalization, National Police Officers, Criminal Act, Illegal Logging
PERAN POLRESTABES MEDAN DALAM PEMBERANTASAN NARKOTIKA DIHUBUNGKAN DENGAN TINDAK PIDANA PENCUCIAN UANG Wira Prayatna; Alvi Syahrin; Bismar Nasution Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts to combat narcotics connected with money laundering committed Polrestabes Medan, is specifically addressed by the Investigation Unit of Drug Polrestabes Medan (Sat Res Drugs Polrestabes Terrain) which is the main executor drugs in order P4GN, Polrestabes Medan in carrying out anti-narcotics linked to money laundering, of course, there are many barriers, both technically and legally. Polrestabes field must also make efforts to overcome the obstacles to the eradication of drugs associated with money laundering, both efforts internally and externally efforts. This brings to Basic settings need to be assessed on the police authorities in combating narcotic crime related to money laundering. Terrain Polrestabes role in the eradication of narcotics-related money laundering. Problematic Polrestabes field in the eradication of narcotics-related money laundering.   Keywords: Polrestabes Medan, Narcotics and Money Laundering
IMPLEMENTASI ASIMILASI KERJA SOSIAL NARAPIDANA KORUPSI DI LEMBAGA SOSIAL SEBAGAI UPAYA REINTEGRASI SOSIAL Junhaidel Samosir; Alvi Syahrin; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is recommended that reconstruction of legal concept and provisions which regulate the assimilation for corrupt prisoners and its implementing regulation should be done. In this case, 1) the Government Regulation No. 99/2012 on the Second Amendment of the Government Regulation No 32 on the Requirement and Procedure of the Implementation of Prisoners’ Rights should be revoked, 2) Adjustment to the corrupt prisoners’ level of education and professionalism should be in accordance with the purpose of establishing social institution with its statutes so that assimilation is not formal as the requirement for conditional acquittal. The social institution as the place for the assimilation should match with what the prisoners had corrupted so that they will realize the impact of what they had done, and 3) the capacity of the wardens of Medan Penitentiary for corrupt prisoners should be improved, and the Penitentiary management of Medan should collaborate with all social institutions in its vicinity so that the corrupt prisoners will not be difficult to find the places for doing their social work assimilation.   Keywords: Assimilation, Social Work, Corrupt Prisoner, Social Reintegration
PERTANGGUNGJAWABAN PIDANA PELAKU PENYALAHGUNAAN ATAS PENERIMAAN PEMBAYARAN PAJAK REKLAME BERJALAN MOBIL TANGKI BEREKLAME (Studi Putusan Pengadilan Tipikor Medan No.10/Pid.Sus.K/2014/PN.Mdn) Sari Devi Tumanggor; Alvi Syahrin; Madiasa Ablisar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state is responsible to keep the interests of its people in prosperity, security, defence and education in life. In performing the responsibility to bring it to reality, the state has its sources of revenue to rely on based on valid constitutional regulations. Tax as one of the state's or provinces' sources of revenue has an important role, and its successful accomplishment is the duty of the authorized tax officials. However, in fact there was a tax official who commited corruption by abusing his authority which then causes state's financial loss. How is the official's responsibility in justifying his act as the state's or province's official who had accepted tax-payment wihout depositing it into province's treasury. Key Word : Criminal responsibility, An abuser’s to accepting tax payment
PENGGUNAAN SCIENTIFIC EVIDENCE DALAM PENYELIDIKAN DAN PENYIDIKAN SEBAGAI UPAYA PENEGAKAN HUKUM LINGKUNGAN HIDUP DI WILAYAH POLDA SUMUT Rusdi Marzuki; Alvi Syahrin; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Research and investigation is one of the Polri's duties for the community, because the Police is formed from the community and work for the community, the Police must be Professional, Modern and Trusted (Promoter). In this case, environmental crime investigations are carried out through stages of: investigation, prosecution, examination, and settlement and submission of case files. The essence of investigation in the field of environment is done by gathering information (Pulbaket) and making Investigative Results Report by expert. Based on Article 96 of Law no. 32 of 2009 on the Control and Management of the Environment, the legal evidence in the environmental crime suit consists of: testimony of witnesses, experts, letters, instructions, statements of the accused, and / or other evidence. Other evidence is what is referred to as scientific evidence. Reports / Letters made by experts may be referred to as scientific evidence. Scientific evidence is necessary because in the proof of environmental crime cases generally have difficulty in the presentation and determination of causality relationships. Environmental proofs are often confined to the presentation of facts and evidence tools that are often scientific (scientific proof) and involve company secrets. Moreover, if a company suspected of carrying out environmental offenses of more than one amount and disposing of waste containing the same elements, especially those that are chemical and related to Article 183 of the Criminal Procedure Code, which affirms the verdict shall be proved by two valid evidences. Keywords : The use of scientific evidence; researches and investigations; and enforcement of environmental law in the territory of North Sumatra Police.
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