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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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PERTANGGUNJAWABAN PIDANA PIMPINAN KORPORASI MULTINASIONAL TERHADAP TINDAK PIDANA DUMPING LIMBAH B3 YANG DILAKUKAN OLEH PERUSAHAAN CABANG Marthin Fransisco Manihuruk; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Subsidiary establishment is a method of big scale corporations to develop their business, either in the country or cross countries. A Multinational corporation is a corporation which subsidiaries lay cross countries. This subsidiary can certainly commit a criminal act, either on purpose or due to negligence. Therefore, legal instrument is required to charge the criminal liability of the Multinational corporation.The research discusses the criminal liability of a Multinational corporation for the criminal act in B3 Dumping (Dangerous and Poisonous Waste Dumping) committed by its subsidiary. Article 60 of the Law No. 32 Year 2009 concerning the Protection and Management of Living Environment forbids everyone to do dumping to a living environment without a license. The objective of the research is to find out the criminal liability of a Multinational corporation observed from the view in which the subsidiary is the leader or the one who has given the order to commit a criminal act in B3 Dumping (Article 116 paragraph 1 of the Law No. 32 Year 2009). The complexity in this corporation problem is that it charges the liability of the Multinational corporation which subsidiary is a legal entity. It is closely related to the fact that the subsidiary is a part of the Multinational corporation, so that any charge of criminal liability cannot be addressed to only the subsidiary when it commits a criminal act. The results show that charging the criminal liability of a Multinational corporation is influenced by some aspects of the one who gives the order or the leader of the activity in committing the criminal act (Article 116 paragraph 1 of the law No. 32 Year 2009) and of the location of the corporation and it subsidiary.  In addition, the aspects of nationality or citizenship of each head of corporation and it subsidiary is limited by article 2-9 of KUHP (the Criminal Code) stating that the limitations of the effectiveness of criminal laws will influence one to another.   Keywords: Criminal Liability of a Multinational Corporation, Dumping, Subsidiary
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PORNOGRAFI ANAK PADA DUNIA MAYA Farah Diba Batubara; Alvi Syahrin; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Advances in technology and the characteristics of the internet that is free resulted in the large number of children become victims of child pornography crimes. Child pornography continues to increase every year, even with the existing regulations worldwide including Indonesia still has not been able to reduce or eradicate these crimes. Problems that can be diuarikan IE, please note the development of the criminal offence of child pornography in Indonesia, the implementation of the sanctions for the perpetrators of the crime of child pornography in cyberspace in Indonesia, and the criminal law policy will come against the crime of child pornography in cyberspace in Indonesia. The research method used is the juridical normative with secondary data analyses in the form of primary legal materials and legal materials, skunder comparative juridical review to do a comparison against the setting of child crime in some countries. The data collection method used is the study of librarianship and the method of data analysis used the methods of normative qualitative analysis. Legal developments occur starting from 1946 until 2015, which is experiencing the development of good elements in certain jurisdictions as well as the criminal sanctions imposed on perpetrators of acts of pidananya. However, the current regulations are considered still hasn't been able to catch the perpetrators of child pornography in cyberspace. If seen on the application of the law, the law enforcement of criminal penalty nonetheless is in compliance as exists in laws – an invitation on perpetrators of child pornography. In penal policy that will come then to note is the study of criminal law policy regarding the anniversary of the crime of child pornography and need harmonization and connectivity in the regulations of the CRIMINAL CODE and regulations outside the PENAL CODE. Penal policy, is expected to accommodate international value adaptively adjusted with the values of Pancasila. Keywords: penal policy, child pornography, internet.
PERAN FASILITATOR DALAM PROSES DIVERSI PADA KASUS ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Mujita Sekedang; Alvi Syahrin; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Nowadays, theft with violence is rapidly increasing, and it highly alarms people. Generally it is committed by adults, but lately it has turned to be committed by children or even minors. Some of their victims are wounded or even killed. Child Criminal Judicial Administration is usually used to handle theft with violence committed by children. It is not merely intended to impose criminal sanctions on children who have committed theft by violence. It is known as the term, ‘diversion’ which is a process of diverting from the process of Judicial Administration. Diversion has to be performed toward children who have committed criminal acts, and it is done through the stage of pre-investigation, investigation, prosecuting, and the stage of Judicial Administration in the District Court. The research used juridical normative and juridical empirical with descriptive analytic methods. The data were gathered by conducting library research and legal documentary study and analyzed qualitatively in which the legal materials were analyzed qualitatively, using deductive and inductive methods so that the conclusion would be accurate and scientifically accounted for.  A judge is required to offer to a child perpetrator, and/or his parents/guardian, and the victim to settle the case through diversion. When they do not come to a consensus, the Judge will bring the case to the Court (litigation). When they agree to do diversion, diversion negotiation will be led by the Judge, and when the consensus of opinion occurs, the result has to be presented to the Head of District Court who controls the implementation of the diversion. The role of a facilitator in the process of diversion in the case of a child who commits theft with violence in the Medan District Court is active. In his role, the Judge attempts to ask both parties for negotiation, without litigation, for the sake of the child. Why diversion is not done in the three cases because the Judge who pronounces judgment on the three cases tends to use legal positivism without paying more attention to the interest of the child as the perpetrator of theft criminal act with violence, whereas Law No. 11/2o12 on SPPA confirms that a Judge who pronounces judgment on children is required to emphasize on the interest of children.   Keywords: theft with violence, diversion, facilitator.
KEDUDUKAN AHLI WARIS TERPIDANA DALAM PENGAJUAN PENINJAUAN KEMBALI BERDASARKAN PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA (STUDI PUTUSAN NOMOR : 97 PK/PID.SUS/2012) Herri Gunawan Sipayung; Alvi Syahrin; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   KUHAP (Code of Law of Criminal Procedure) has long been intended to be revised by the government and the Parliament since it is considered not accommodating public interest in getting justice. The research problems are how about the judicial review in law of criminal procedure lodged by a convict’s heir while the convict is still alive and how about the validity of judicial review lodged by a convict’s heir in the regulation No. 97 PK/Pid.Sus/2012 on July 31, 2013 in the name of the convict, ST. The objective of the research is to find out the process of requesting for judicial review in a criminal case, especially the case lodged by a convict’s heir, to explain some experts’ ideas about the legality of requesting for judicial review lodged by a convict’s heir, and to analyze the opinion of the panel of judges about judicial review in the case of  ST, the convict. The research used juridical normative referred to legal provisions. Secondary data were gathered by conducting library research and analyzed qualitatively. In the case of ST, the Panel of Judges accepts the request for judicial review lodged by the convict’s wife as the heir while the convict himself is a fugitive. The result of the research shows that the legal consideration of the Panel of Judges in accepting the request for judicial review is that there has been no legal certainty in the KUHAP and in SEMA (the Circular Letter of the Supreme Court) concerning legal remedy done by a convict’s heir. In order to guarantee legal certainty, it is necessary that KUHAP be revised or SEMA be issued to regulate a clear definition of requesting judicial review by a convict’s heir while the convict himself is a fugitive.   Keywords: Heir, Convict, Judicial Review
ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA TIDAK MELAPORKAN PENEMUAN BENDA CAGAR BUDAYA BERDASARKAN UU NO 11 TAHUN 2010 TENTANG CAGAR BUDAYA ( SUATU PENELITIAN DI KOTA BANDA ACEH ) Muhammad Ryan Rainaldi; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indoensia’s legal system is based on the principle of legality, which means that no one can be punished without the force of the existing legislation. In the Act No 11 Year 2010 on Cultural Heritage, it is clear that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those violate them. Considering the title and the topic of this research, the discussions of this criminal provision only focus on criminal act of unwilling to report the property of cultural heritage stipulated in Article 23 paragraph (1) and Article 26 paragraph (4) along with Article 102 and Article 103 Act No 11 Year 2010 On Cultural Heritage. Theactionis categorized as criminal acts in Act No 11 Year 2010 on cultural heritage stipulated from Article 101 to Article 112 which states that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those who violate them. The obstacles in applying the criminal sanctions towards the act of “unwilling to report” the Discovery of Property of Cultural Heritage in Gampong Pande Banda Aceh are divided into two specific obstacles which are internal and external obstacles. The criminal liability and procedure supposed to be applied towards the act of unwilling to report the discovery of property of cultural heritage occurred in Gampong Pande Banda Aceh which is national Law is not used in handling this case because the Government of Aceh through the Department of Tourism and Culture allows the Banda Aceh citizens to gain profits from the discovery of ancient gold coin in krueng pande to pay zakat based on Aceh Qanun Regulation No 10 Year 2007 on Baitul Mal, article 19 paragraph 8. Thus, the regulation becomes an excuse for the crime in Article 102 and 103 Cultural Heritage Act occurred in Banda Aceh since the validity of Lex Specialis derogate lex generalis, where a special law overrides the common law.   Keywords : Criminal Act, Unwilling to Report, Property of Cultural Heritage
GABUNGAN PERKARA TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN MAHKAMAH AGUNG NO. 1294 K/PID.SUS/2015) Oki Yudhatama; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Supreme Court Decision No. 1294 K/PID.SUS/2015 on corruption and money laundering, the convicted person named Mohammad Bahalwan was sentenced to imprisonment for corruption, namely 14 years imprisonment and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 8 (eight) months and punishes the defendant to pay the replacement Rp. 337,429,393,537,00 (three hundred thirty seven billion four hundred twenty nine million three hundred ninety three thousand five hundred thirty seven rupiah) where the payment deadline is 1 (one) month after the decision of permanent legal force. However, if not paid will be replaced with imprisonment for 5 (five) years. The imposition of sanctions is due to the convict proven to violate Article 2 paragraph (1) of Law no. 31 Year 1999 on the Eradication of Corruption.   Keywords: Corruption, Money Laundering and Evidence
PEMIDANAAN PELAKU USAHA DAN/ATAU KEGIATAN TANPA IZIN LINGKUNGAN (STUDI PENYIDIKAN DIWILAYAH HUKUM POLRESTABES MEDAN) Prastiyo Triwibowo; Alvi Syahrin; Syamsul Arifin; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Implementation of criminalization through mechanism of criminal justice system so as to criminalize business actors and / or activities that are naughty proven to carry out business and / or activity without being equipped with environmental permit which has been obliged in accordance with the law. One of the instruments in an effort to prevent the occurrence of pollution and environmental damage is the environmental permit, as stipulated in Article 1 Number 35 of Law Number 32 Year 2009 on Environmental Protection and Management which further regulated in Government Regulation Number 27 Year 2012 on Environmental Permit. With the existence of Law Number 32 Year 2009 0n Environmental Protection and Management has obliged buiness actors who are required Amdal and UKL-UPL shall have environmental permit. The enforcement of environmental permits in accordance with Government Regulation Number 27 of 2012 likens environmental documents before this Government Regulation as an environmental permit and after this Government Regulation shall be an environmental license. As one of the problems in this research is how the legal arrangement of business actors and / or activities related to environmental permit. The method of research to be conducted in this thesis is normative juridical research. This study was conducted to examine previous studies on legal principles regarding criminalization related to environmental permits. Based on the description above can be concluded that legal arrangements related to environmental permit are contained in article 1 point 35 UUPPLH and article 1 PP. No. 27/2007 concerning environmental permit is a license granted to any person conducting business and/or activity of Amdal or UKL-UPL obligatory in the framework of environmental protection and management as a prerequisite to obtain business license and/or activity.   Keywords: Punishment, Environmental Permit, Business actor or activity.
ANALISIS YURIDIS MORATORIUM TERHADAP PEMBERIAN REMISI KEPADA NARAPIDANA TINDAK PIDANA KHUSUS Fitria Ramadhani Siregar; Alvi Syahrin; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The birth of Remission Moratorium Policy as outlined in Government Regulation No. 99 of 2012 has limited the remission to convicts who committed extraordinary crimes, the existence of the moratorium policy is considered as a form of fulfilling the sense of justice of the community who feel has been harmed as a result of the actions of prisoners the. However, the existence of the Regulation is subject to various rejections because it is against the legal norms and principles of human rights. Every prisoner of any crime is entitled to remission, since remission is a basic right for every prisoner without exception, and also one of the efforts in realizing the objective of the penitentiary system that is the guidance of the prisoners in the Penitentiary. This research use normative juridical research method, this research is analytical descriptive by using data collecting method by library research (Library Research), that is by examining secondary data in the form of primary law material like regulation of law, scientific books, journal, papers, articles, etc. Field study (Field Research) through interviews with related parties to serve as supporting or complementary data in conducting research. The results of this study indicate that the underlying remission of all inmates is that remission is a basic right for every prisoner listed in Article 14 Letter i Penal Law. The existence of remission as a supporter of the social reintegration process or reestablish good relations between prisoners and the community. The birth of the moratorium policy of granting remission to prisoners of special crime as outlined in Government Regulation no. 99 Year 2012 is based on the realization of a sense of justice for the community. The Birth of the Policy is expected to create a sense of justice for the people who have been affected due to the impact of extraordinary criminal practices in particular the criminal acts of corruption, narcotics and terrorism. Existence The moratorium policy of granting remission as set forth in Government Regulation No. 99 of 2012 is at a discriminatory value. the regulation does not comply with the norms of law and the principles of human rights.The implementation of the Policy of the  moratorium on remission as set forth in Article 34A Paragraphs 1, 2 and 3 of Government Regulation No. 99 of 2012 must meet the requirements of willing to cooperate in dismantling the criminal case (Justice Collaborator), has paid the fine and replacement money in accordance with the court decision, and has followed the deradicalization program organized by LAPAS. Keywords: moratorium, remission, prisoners, special crimes
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA DALAM PASAL 5 UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Tedi Franggoes Andri Siburian; Alvi Syahrin; Muhammad Hamdan; Sunarmi Sunarmi
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of the money laundering problem keeps increasing from year to year, the quality of the criminal offence of money laundering is done the more organized and systematic not only threaten the stability and integrity of the financial system and economy system, but also can harm the joints of the life of society, nation, and State. This type of research is the normative legal research, namely research on principles of law that defends dotted from specific legal nomenclature field. From the results of the study known to defendant Arista Kurniasari was a suspect case of fraud and money laundering, with fictitious investment mode batik, ATK and sports top job procurement in the education service of the city of Semarang. Judge PN Semarang, declare the defendant is proven legally and convincingly guilty of committing criminal acts "concurrent some of the criminal acts of fraud, each of which stands on its own and the criminal offence of money laundering", with imprisonment for 12 year to account for his actions.   Keywords: Criminal Liability- Crime- Money Laundering
PENGEMBALIAN KERUGIAN KEUANGAN NEGARA PADA SAAT PROSES PENYIDIKAN DAN KAITAN PELAKSANAAN PUTUSAN HAKIM (Studi Putusan Nomor 35/Pid.Sus/TPK/2015/PN.Mdn) Immanuel Simanjuntak; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indemnification of state financial in consequence of corruption is a law enforcement system that requires a process of negation of rights to assets the perpetrator of the State, the victims in a way done by way of confiscation, freezing, confiscation well within the competence of local, regional and international levels so that the wealth can be returned to the state ( victims) are legitimate.   Keywords: Returns Losses State Finance Investigation Process, Execution Judge Decision
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