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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 JAKSA TERKAIT ASAS DOMINUS LITIS BERDASARKAN SISTEM PERADILAN PIDANA DI INDONESIA Johannes Pasaribu; Alvi Syahrin; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The existence of the authority of prosecutors in Indonesia in prosecution is closely related to the principle of dominus litis. In accordance with the principle of dominus litis, the determination and control of prosecution policy is only in one hand, namely the prosecutor's office. Prosecutors conduct investigations only in connection with certain crimes. This leads to the need to review the authority of the prosecutor on the investigation and prosecution in the Indonesian Criminal Justice System linked to the dominus litis principle. Regarding the formulation of the regulation of the authority of the prosecutor at the stage of investigation and prosecution as an attempt to renew the criminal procedure law in Indonesia is associated with the dominus litis principle.   Keywords: Prosecutor, Dominus Litis, And Prosecution
PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP Aca Surya Putra Zai; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, it can be seen that the criminal responsibility of the director as an individual for the crime of environmental destruction occurred during the director has the authority to prevent the occurrence of violations or to improve the situation. Whereas the criminal liability of the director representing the organs of a limited liability company for criminal acts of environmental destruction can be identified under the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, since due to his position within the company has an obligation to take action to ensure that such violations will not occur as regulated in Article 116 and Article 117 UUPPLH. The development of the direction of criminal liability in the future in the case of criminal acts of environmental destruction has been terminated with the issuance of Perma No.13 of 2016 on the Procedures of Handling Criminal Acts by the Corporations. This regulation provides the basis for law enforcement officials, in the handling of criminal cases involving the perpetrators of corporations and / or corporate directors / administrators.   Keywords: Accountability of Director,  Limited Liability Company (PT), Crime, Environmental Degradation
PERANAN ATASAN BERHAK MENGHUKUM DAN PERWIRA PENYERAH PERKARA DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA DESERSI DI PERADILAN MILITER Erlangga Prasady; Alvi Syahrin; Madiasa Ablisar; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTARCT This research analyzed  about Ankum and Papera are crucial to the work of the military justice process. The propriety of investigators and investigators of military crimes can be disrupted by the superior-subordinate mechanisms. And in practice there is often an interesting attraction between Ankum on the one hand with law enforcement officers on the other. Law enforcement officials have an interest in bringing the suspect to court, while Ankum / Papera tends to avoid because bringing to justice is equally concerned about Ankum's responsibilities as commander. The type of this research is legal / normative research and descriptive analysis. The problem approach used in this research is statute approach and conceptual approach, collecting and collecting data is done by literature study and field study, research It uses qualitative analysis. Based on Law Number 31 of 1997 The role and authority of Ankun as commander of a commander has a central position and fully responsible for his subordinates. Papera in determining a criminal case to seek opinions from Oditur Miilter but its nature in the form of suggestions and opinions then it does not bind the commanders, ultimately the commander is also decisive so that the assessment is subjective when the settlement of a case must be objective.   Keywords: Role, Ankum, Papera, Crime Desertion, Military Court
PERTANGGUNGJAWABAN PIDANA PENGURUS KOPERASI JASA DALAM TINDAK PIDANA PEMERASAN Esron Silaban; Alvi Syahrin; Edy Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cooperative was founded on the principle of kinship and berasaskan helping to carry out remedial level economic life of mole-people who belong to a group of workers or those who fall into poverty as a result of the implementation of the system of capitalism. However, the cooperative in carrying out its business is inseparable from the possibility of a criminal act, one of which is extortion punishment committed by the cooperative management of the loading and unloading of labor services at the port, which extortion is carried out by the cooperative management on behalf of the cooperative and the proceeds of the crime are accommodated Governed entirely by cooperatives for the benefit of cooperative members. Based on the background then in the formulation of the problem that is: 1) How is the criminal accountability of the cooperative management over the criminal acts of extortion against third parties 2) Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? The purpose of this study to determine and analyze the criminal responsibility of the cooperative management of the crime of extortion against third parties and to identify and analyze whether the cooperative could be held accountable for laundering money derived from criminal acts of extortion by the cooperative board. Keywords: Management, Cooperatives, Criminal Accountability, Extortion, Money laundering
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA KORUPSI (STUDI PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI KELAS I A BENGKULU NO.64/PID.SUS/TPK/2016/PN.BGL) Frendra AH AH; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal liability for corporations as provided for in the draft KUHP factors examined is the concept of corporate liability mechanization and itself. Within the scope of criminal liability issues will put forward the question of the corporation as the subject or the maker or the perpetrator of a criminal offence. Formulation of the problem in this research is how corporate setting as a subject of law in the criminal offence of corruption, how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. Research purposes ais to know how corporate setting as a subject of law in the criminal offence of corruption, to know how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and to know how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. The research is the study of normative descriptive research analytical by nature. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis.   Keywords: accountability, corruption, criminal corporations.
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 3 (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.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PROSTITUSI ONLINE DI TINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Putusan Nomor 267/Pid.B/2015/PN. Pgp). Khairul Imam; Syafruddin Kalo; Alvi Syahrin; Marlina Marlina
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Prostitution by using electronic means or the internet is currently developing. Prostitution is a problem that not only involves prostitutes, but more than that it is an activity that involves many people such as pimps, brokers, and consumers who most of the perpetrators are men who often escape the attention of law enforcement officers. Judicial problemat can be seen where punishment can only be done to pimps or pimps while prostitute and client can not be penalized, besides law enforcement in case of online prostitution is very difficult because in transactions prostitution online there are up to cross borders cross country (bordeless). The lack of strict rules on the criminalization of online prostitutes has resulted in the difficulty of this online criminal prostitution to be prevented. The issues raised in this study, namely how the regulation of criminal law against perpetrators of online prostitution crime and pimp responsibility in Decision Number 267/Pid.B/2015/PN. Pgp in review of Law Number 11 Year 2008 About Information And Electronic Transactions To find the answer of this problem, this research use normative law research type which is analytical descriptive, where this normative law research use secondary data as main data with munggunakan data collecting technique done by library study (library reseacrh), and data analysis using method analysis of qualitative data. Analysis of this data is intended based on the picture, the facts obtained will be analyzed carefully to answer the problem.   Keywords: Criminal Accountability, Crime, Prostitution, Online.
PEMIDANAAN PENGURUS KOPERASI DALAM TINDAK PIDANA PENGGELAPAN SIMPANAN BERJANGKA (ANALISA PUTUSANNOMOR 76 /PID.B / 2014/ PN.MLG) Samsul Aripin Silitonga; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
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ABSTRACT     This thesis is entitled Criminal Cooperative Management In the Fraud Crime Time Deposit (Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg). To answer the problem is done research using normative legal research, Using secondary data in the form of primary, secondary and tertiary legal material with legal approach method in answer formulation of problem about how arrangement about saving by saving and loan cooperative according to legislation about cooperative, how the criminal liability of cooperative management in criminal act of embezzlement of time deposit, How the judge's judgment in dropping the decree against the actions of the cooperative management commits a criminal act of embezzling the appropriate time deposits Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg. The results showed that the judge in the imposition of criminal is based on the consideration of things that incriminate and relieve the criminal and criminal liabilities of futures imprisonment by the cooperative management is an action threatened with Article 374 of the Criminal Code because the management of the cooperative commits a crime by using the position as a board of cooperatives, able Responsible and no excuses of forgiveness. Judges in the imposition of criminal does not apply the criminal provisions contained in the Act to the fullest. Through this research, it is suggested that supervision and training of cooperative management as a form of prevention of abuse of authority carried out by cooperative management in order to conduct business activities in collecting the term saving funds implemented by the Cooperative Board in accordance with the provisions of the Law. The need for criminal imposition to the cooperative management by applying the criminal provisions contained in the Law to the maximum and the need for changes to Law No. 25 of 1992 on Cooperatives that regulate the criminal liability of cooperatives   Keywords: Time Deposit, Crime, Legal Consideration
ANALISIS TERHADAP INPRES NO.7 TAHUN 2015 JO INPRES NO.10 TAHUN 2016 TENTANG AKSI PENCEGAHAN DAN PEMBERANTASAN KORUPSI KAITANNYA DENGAN PERANAN KEJAKSAAN SEBAGAI PENYIDIK Henry Sucipto Sanjaya Sirait; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT  President R.I Joko Widodo issued Presidential Instruction No. 7 of 2015 and Presidential Instruction No. 10 of 2016. Presidential Instruction No. 7 of 2015 has 8 points to be implemented. The problem of this research: How to regulate the role of the Prosecutor as an investigator in the action and prevention of criminal acts of corruption. What is the role of the Prosecutor as an investigator with the issuance of Presidential Instruction No.7 Year 2015 Jo Presidential Instruction No. 10 of 2016. What are the factors inhibiting the Prosecutor's Office as investigators of corruption prevention and eradication by issuing the Inpres. The conclusions of this research are:1.Settings role of the Prosecutor Office as investigator in action and prevention of corruption crime 2.Prosecutor's Appeal as investigator relation with the issuance of Presidential Instruction No.7 Year 2015 Jo Inpres No.10 Year 2016.3.Factor inhibiting the Prosecutor as investigator in prevention and the eradication of corruption by the issuance of the Inpres. Suggestion of this research:1. The Prosecutor through TP4D team to be involved in escort, both in budget planning, auction, implementation until the completion of procurement activities of government goods and services.2. The Prosecutor should play an active role in the enforcement of legal supermarkets and the eradication of corruption without intervention both externally and internally. 3. The Prosecutor should get additional budget by issuing the Inpres and increasing human resources in conducting investigation and prosecution of corruption crime.  Keywords : Inpres, Prevention, Eradication, Corruption, Role, The Prosecutor, The Investors
PERAN KOMISI PEMBERANTASAN KORUPSI (KPK) SEBAGAI PENYIDIK DAN PENUNTUT TINDAK PIDANA KORUPSI DALAM PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN NOMOR: 10/PID/TPK/2014/PT.DKI ; NOMOR: 1195 K/PID.Sus/2014 ; NOMOR: 2223 K/PID.SUS/2012) Frima A Sitanggang; Bismar Nasution; Alvi Syahrin; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT KPK (Corruption Eradication Committee) is a state institution which independently prevents and eradicates criminal acts of corruption and money laundering. The research problems are, firstly, how about the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act; secondly, how about the obstacles of the role of KPK as the investigator and prosecutor of the corruption criminal act to eradicate the money laundering criminal act; and thirdly, what about the solutions to overcome the obstacles of the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act. These problems will be analyzed through a study on the Rulings No. 10/PID/TPK/2014/PT.DKI; No. 1195 K/PID.Sus/2014; and No. 2223 K/PID.Sus/2012. Legal System Theory is used as the theoretical framework used for the analysis in this research which covers the Legal Structure, Legal Substance and Legal Culture. The results of the research show that KPK has incorrectly charged on the indictment to the perpetrator. The indictment of KPK to the perpetrator is cumulative and contrary to the Article 65 of KUHP (the Penal Code). The role of KPK to return the state loss and to seize the perpetrator’s wealth resulted from the money laundering has been performed by KPK and the legality of the action of KPK has to be based on the laws without violating the order of the prevailing laws. The obstacles encountered by KPK in the prevention and eradication of the money laundering criminal act are, obstacles from the Perspectives of Laws, Law Enforcer, and Legal Culture. Keywords: Investigator, Prosecutor, Corruption, Money Laundering, KPK
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