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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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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DALAM KELUARGA (ANALISIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 760 K/PID/2013) Gunawan Sinurat; Alvi Syahrin; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law is a tool in protecting the rights of people whose purpose is order and tranquility in society, but the law alone will not be able to achieve that goal. Nowadays the frequent complaints in the police are the cases of the family has increased, because the current society assumes that any problems will be better resolved with the domain of the court when it would be nice if resolved by way of kinship. The provision of Article 367 of the KUHP can be seen that the theft in the family is a complaint offense, meaning that there is or not a claim against this offense depends on the agreement of the disadvantaged / victims / people determined by law.  Keywords: Theft and In The Family.
PERTANGGUNGJAWABAN PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act.  Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility.   Keywords: Criminal Liability, Association, Human Trafficking
ANALISIS YURIDIS TERHADAP KERUGIAN NEGARA YANG BERASAL DARI KEUNTUNGAN REKANAN DARI PROSES PENGADAAN BARANG / JASA PEMERINTAH YANG TIDAK SAH Zulfahmi Zulfahmi; Alvi Syahrin; Mahmud Mulyadi; Pendastaren Tarigan
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Procurement of goods and services is a government procurement of goods/services that are financed with a budget of revenue and Expenditure of the State (State Budget)/Anggaran income and Expenditure area (GRANT) well that was implemented in swakelola as well as by providers of goods/ the service. In the implementation of the procurement of goods and services there are stages and procedures appointment of partner providers of goods and services is carried out through a tender open to the public and the winner must also be announced transparently to the public at large. Implementation of the designation of the partners through a tender, there is often a violation of procedure resulting in stages and the designation of the goods and service provider partners the legal disabilities because it is implemented through a tort the law. For providers of goods and services infringing in government procurement of goods and services may be subject to administrative sanction in the form of sanctions, sanctions black list registration, lawsuits are civil and/or criminal in reporting to the authorities. As for the competent authority may be subject to administrative penalties i.e. sanctions, sued for damages and/or criminal basis and reported accordingly Act No. 31 years 199 jo law No. 20 Year 2001 about criminal acts of corruption. Criminal liability against the providers of goods and services as well as the competent authority may be subject to criminal sanctions in tort law breaking the phases of procedure either in conjunction with the PA party, PPK or ULP as well as liability personally in accordance with Article 55 and 56 of the criminal code as well as Article 118 paragraph (2) Perpers No. 54 Year 2010 as it has changed four times. In tort can be categorized as corruption deeds according to experts in adverse financial and economy of the country. But other experts expressed the opinion if there was no financial loss to the State and economy and in accordance with the deed, then there can be categorized as criminal acts of corruption.   Keywords : State Losses, gains partners and Procurement of goods and services is not valid.
PERTANGGUNGJAWABAN PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG ( STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act.  Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility.   Keywords: Criminal Liability, Association, Human Trafficking
PENERAPAN HUKUM PIDANA MILITER PADA KASUS TINDAK PIDANA DESERSI DALAM WAKTU DAMAI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA ANGKATAN DARAT DI AJENDAM I BUKIT BARISAN Hana Oktaviana Fahlevi; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Indonesian Army (TNI AD) is part of the Indonesian Armed Forces (TNI) that acts as a state instrument in the field of land defense. The main task of the Indonesian Army is to uphold the sovereignty of the state, to maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution, and to protect the entire nation and the entire Indonesian blood from the threats and disturbances to the unity of the nation and state. In carrying out its duties and obligations to the state, the Ajendam I /Bukit Barisan can not be separated by the problems. One of the problems encountered is the occurrence of desertion crimes committed by members of the Ajendam I / Bukit Barisan.The crime of desertion is a pure military crime committed by members of the Indonesian Armed Forces is an act in which a member of Indonesian Armed Forces leaves the unit/base without the legal permission of his superior. The settlement of desertion cases is processed through a special justice system that is military court. The method used in this research is juridical normative and empirical juridical which refers to the principles of law in the form of conception, norms, rules of legislation, court decision and collect, find data and information through field study to member of Indonesian Army of Ajendam I/Bukit Barisan who commits a criminal act of desertion in peace time. The nature of this thesis research is descriptive analysis. Data collection techniques conducted in this study is primary data collection conducted by field study and secondary data collection conducted by library research. Keywords: Members of Indonesian Army, Desertion, Implementation of Military Criminal Law.
PENEGAKAN HUKUM TERHADAP PRAKTEK PUNGUTAN LIAR DI JALAN RAYA OLEH MASYARAKAT DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (STUDI KASUS DI POLRES LANGKAT) Mulya Hakim Solichin; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The crime rate at Polres Langkat have been increasing every year. The practice of thuggery such as illegal levies on the highway is one of several factors that cause this increase of the incidence. The action of Polres Langkat against the practice of illegal levies on the highway is applying the Kitab Undang Undang Hukum Pidana (KUHP), Undang Undang, 2009 No. 22 about road traffic and transportation, the implementation is related to Peraturan Mahkamah Agung (PERMA) 2012, No.2 about the adjustment of the criminal acts limit and the amount of penalties in KUHP.  This research was conducted with empirical juridical approach applying secondary and primary data. The descriptive analysis method is used in this research through secondary and primary data. At least there 3 obstacles occurred in the effort of the Polres Langkat Those are law enforcement officials, legislation and legal culture of the Langkat district, while the legal impact on the community of the practice of illegal levies is still considered justified.  Based on the results of this research it is suggested that the law enforcement officials must understand. The aplicaion of the next PERMA law correctly. The cooperation work among the law inforcement officials, the the goverment and the community should play an active role through supervision, mental, and moral education to give effect detterent so that it can change the mentality of the offender to be better in their attitude.   Keywords: Police Roles, Illegal Levies on Highways, legal policies, Crime Justice System.
PEMBERIAN RESTITUSI TERHADAP KORBAN ATAU AHLI WARIS DALAM TINDAK PIDANA PERDAGANGAN ORANG Boy Amali; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Every victim of human trafficking crime or their heirs the right to obtain restitution. Restitution referred to in paragraph (1) for damages above: a. loss of wealth or income, b. suffering, c. costs for medical care actions and / or psychological and / or d. other losses suffered by the victim as a result of trafficking. The refund was given and included simultaneously in the ruling court on criminal case of human trafficking. Restitution carried out since the first level court decision handed down may be deposited in advance at the court where the case is disconnected. Restitution is done within 14 (fourteen) days from assured decision that has obtained permanent legal force. The perpetrator was acquitted by the court of appeal or cassation, the judge ordered restitution in the decision that the money deposited is returned to the person concerned. The conclusion of this thesis, 1.Government Indonesia is expected to soon establish minimum standards for the eradication of trafficking in persons. Furthermore, it should start using the Law No. 21 Year 2007 on Eradication of Trafficking in workers' trade practices. Improvement in the performance of the courts, prosecution and sentencing in cases of labor trafficking, including those involving labor recruitment agencies. Checking back in a Memorandum of Understanding with the countries that became the purpose of trading to incorporate protection of the victim. Need for increased efforts to prosecute and convict public officials who profit from or are involved in trafficking. Increase funding for law enforcement and rescue, restore and reintegrate victims. 2. Though no firmness in Law No. 21 of 2007 as mentioned above, wants to decisions restitution, executor of execution is the prosecutor, because since the beginning of the prosecutor has been involved in the filing restitution claims. (Article 50 paragraph (3) of Law No. 21 of 2007). If the merger of damages and criminal cases in the Criminal Code, implementing the execution of criminal decisions implemented by the Prosecutor (Article 270 Criminal Procedure Code), while the decision of restitution / compensation is carried out according to the procedures of the civil judgment (Article 274 of the Criminal Code) .3.Laws Number 21 Year 2007 to be immediately implemented by the issuance of Government Regulation (PP) on mechanisms and Procedures Restitution for Victims of Crime of Trafficking in Persons. In the PP least should regulate: a.Tata how to care restitution and the role of prosecutors in filing surrogate restitusi.b.Tata to calculate the value loss to be submitted to the court and the prosecution authorities determine the amount of losses that will be submitted to the court. c. Authority prosecutors filed the restitution is mandatory not voluntary so that he does not need approval from the victim, unless the victim asked the prosecutor not to file a restitution claim. d. Attitude prosecutor if the victim is more than one, there are welcoming the decision and some are wanting appeal. But should the prosecutor suggested to those who refuse to file a lawsuit through the civil order not to harm the victim receives. e.Must firmness that the execution must go through the prosecutor, so that prosecutors can actually carry out surveillance that restitution was met by the offender.   Keywords: Restitution, Victims Or Heirs, Crime, Human Trafficking.
PENGHITUNGAN KERUGIAN KEUANGAN NEGARA OLEH KANTOR AKUNTAN PUBLIK DALAM PERKARA TINDAK PIDANA KORUPSI (Studi : Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn., tertanggal 16 Februari 2017) Muhammad Isnayanda; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The case of corruption is a major problem in Indonesia that causes a huge loss of state and affects the decline in the quality of people's lives to disrupt economic stability. In the case of corruption (hereinafter called "Corruption"), as for the authorities to conduct an investigation under the applicable law, among others: the Indonesian Police, the Attorney General's Office and the Corruption Eradication Commission. Based on the authority given by the law mentioned above, to every investigator and investigator to conduct a corruption investigation and investigation, the Police of the Republic of Indonesia, the Attorney General of Indonesia and the Corruption Eradication Commission have the authority to conduct investigation and investigation of Corruption. In the eradication of corruption, the government has promulgated Law no. 31 of 1999 on the Eradication of Corruption as amended by Act No. 20 of 2001 on Amendment to Law no. 31 Year 1999 on the Eradication of Corruption (hereinafter referred to as "Corruption Act"). The most important element of the article in the Corruption Act is "it can harm the state's finances or the state's economy". Thus, the calculation of State Financial Losses (PKKN) is needed in conducting investigations and investigations in cases of corruption. Keywords : Calculation of State Financial Losses; Public Accountant Office / Public Accountant; Case of Corruption.
ANALISIS YURIDIS TENTANG TUGAS DAN FUNGSI KOMISI KEJAKSAAN DALAM MEWUJUDKAN LEMBAGA KEJAKSAAN REPUBLIK INDONESIA YANG PROFESIONAL Ludy Himawan; Alvi Syahrin; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The system of supervision in the criminal justice system has two forms, i.e. built in control and supervision of the institution. Supervision supervisory control is built in which is performed inside the institution, while the institution of supervision conducted by supervisors outside the institution. Every law enforcement agency has a supervisory institution each, judge District Court overseen by judge high, high judge supervised by the Supreme Court and others. In addition, outside of the institution, each institution supervised by the judicial Commission, the independent agency overseeing the performance of judges, the State Attorney Commission overseeing the performance of prosecutors and others. The built in control in the supervision of the criminal justice system is not only overseeing the performance of law enforcement officials in each agency, but also supervise the process in law enforcement. The performance of the District Court will be overseen by the High Court and the High Court will be supervised by the Supreme Court. The verdict by the District Court will be judged by a court to have a position on it, in this case the High Court and so on. So is the State agency that is supervised by the Prosecutor and the Attorney General's Office. The establishment of the Commission as an institution external supervisory Prosecutor Prosecutor's Office was formed in order to improve the quality and performance of the institutions of the State Attorney. The performance of the prosecution agencies assessed the community not optimal the Foundation of this institution so that in Act No. 16 of 2004 about Attorney General RI in section 38 allows the existence of a Commission which aims to improve the quality and performance of the institutions of the State Attorney. As a follow-up of the Article then the President issued Presidential Regulation No. 18 in 2011 about the State Attorney Commission as an umbrella law duties and wewenangnnya. But in this regulation is not set explicitly how the mechanism monitoring and execution of the authority of the State Attorney Commission. In addition in the execution of the duties and authority of the Commission Attorney experienced barriers. How the State Attorney Commission overcome barriers and maximize the authority given to achieve the establishment of this institution.   Keywords       :  External supervisory Attorney, the State Attorney's duties and Functions of the        Commission.
PEMAAFAN OLEH KORBAN DAN/ATAU KELUARGA KORBAN TERHADAP PELAKU TINDAK PIDANA DITINJAU DARI HUKUM PIDANA ISLAM DAN RUU KUHP SEBAGAI PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN Suplinta Ginting; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of a victim and/ or victim’s family in a penal court is merely a witness, they are never involved to determine how long a charge or sentence is handed down to the Perpetrator. A victim and/ or victim’s family often feel unjust that creates disbelief in the law. The results of the research show that forgiveness is recognized in Islamic Law as it is regulated in the Koran and Hadiths of The Prophet Mohammed; while in Indonesian Law, forgiveness is a part of the customary law and is stipulated in the Bill of the Penal Law Article 55 paragraph (1) letter j. Forgiveness is given in order to insure justice, legal certainty, to uphold the dignity and pride of the victim and/ or the victim’s family, to liberated the Perpetrator from guilt and to settle the conflict between the Perpetrator and the victim and/ or victim’s family. The formulation of forgiveness in the Islamic Penal Law can reduce and even can discharge the Perpetrator from the sentence, except in hudud crime (offenses against God); while in the Bill of the Penal Law, formulation of forgiveness is merely something to be considered by the judge in handing down a verdict.   Keywords: Forgiveness, Victim and/ or victim’s family, Islamic Penal Law, Bill of the Penal Law.
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