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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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PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI YANG MELAKUKAN PEMBAKARAN LAHAN MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (ANALISIS PUTUSAN PENGADILAN NEGERI BENGKALIS NOMOR 547/PID.SUS/2014/PN.BLS) Dita Kartika Sari Hasibuan; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Indonesia is a country with the largest forest area in the world. Indonesia's forest as a source of natural wealth is one of the most basic capitals of national development used to increase Indonesian prosperity. In essence, forest development is, among other things, to be used as plantation land, agriculture and for the prosperity of the people. This was originally expected to be realized but it turns out that it is now just something that seems to be difficult to happen. This is due to the rampant fires or burning of plantation land that continues to occur oday in Indonesia. Land fires/burning is now a very serious problem in Indonesia because it can cause multi-dimensional problems related to economic, social, cultural and environmental aspects. In connection with this, the purpose of this study was: to find out about the provisions of criminal acts of land burning by corporations according to UUPPLH, to find out the criminal liability of corporations that carry out land burning based on UUPPLH, and to determine the analysis of the Bengkalis District Court's decision Number 547 / Pid . Sus / 2014 / PN.Bls. The method used in this study is normative research, with the nature of descriptive analysis, sourced from secondary data with primary legal material, secondary legal material, and tertiary legal material. This research was conducted by collecting data in library studies and document studies analyzed qualitatively using the Statute Approach and Case Approach. The provision of criminal acts of land burning committed by corporations is focused on Law Number 32 Year 2009. The act of environmental crime committed by corporations on land burning is also a material offee of illegal action that causes pollution or environmental damage. The criminal liability of corporations committing land burning based on UUPPLH is the imposition of criminal penalty in accordance with Article 108 jo. Article 116 Paragraph (1) Letter a is a minimum of Rp.3,000,000,000 and a maximum of Rp.10,000,000,000. However, the corporation is subject to a fine of Rp.2,000,000,000 because from the legal facts the corporation in this case is only proven negligent over the quality standards of ambient air in accordance with the provisions of Article 99 Paragraph (1) and additional criminal complements of fire prevention facilities. Based on the analysis of the Bengkalis District Court Number 547 / Pid.Sus / 2014 / PN.Bls. it was found out that the decision of Public Prosecutor's demand and that of the Judge's are not the same. Judge's decision is lighter than the Prosecutor's demand.  The judge verdict was that the defendant was only proven negligent over exceeding the quality standards of ambient air due to land burning. In fact, the land burning committed by the defendant PT. NSP made a huge loss. However, at least the defendant provided the appropriate compensation for the negligence. Here, the thesis writer is in disagreement with the mild judgment of the Panel of Judges because the decision did not provide a deterrent effect on what was done and for the negligence of the defendant, PT. NSP.   Keywords: Criminal Responsibility, Corporations, and Land Burning.
IMPLEMENTASI PASAL 69 AYAT 4 UU NO 45 TAHUN 2009 TERHADAP KAPAL IKAN BERBENDERA ASING YANG TERTANGKAP TANGAN MELAKUKAN ILLEGAL FISHING OLEH DIT POLAIR POLDA SUMUT Hariyatmoko Hariyatmoko; Alvi Syahrin; Suhaidi Suhaidi; Edi Yunara
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The theft of fish at sea have caused great loss of fishery in the territory of the Republic of Indonesia. Mandate of the Act No. 45-year 2009 article 69 paragraph 4 to carry out the functions of supervision and law enforcement in the field of fisheries in the area of management of fisheries of the Republic of Indonesia. On the basis of the policy of the Directorate of Police (.dit Polair) Waters of North Sumatra doing the sinking ship of a foreign flagged fishing perpetrators of illegal fishing. Based on the research behind latas will be analyzed the implementation of paragraph 4 of article 69 of the Act No. 45-year 2009 against a foreign flagged ship fish which is caught hands doing illegal fishing with the object of research conducted at the .dit Polair  Police Of North Sumatra. The research was carried out using the method of normative legal research. Research data using secondary data and supported by primary data. Data collected with the use of the study of the literature and interviews. The data analysis done with the method of qualitative analysis. Protecting the richness of the waters from the level of illegal fishing which can interfere with the conservation of nature, protect the traditional fishing, improve social welfare and State revenue. Policy action to eradicate illegal fishing puts the magnitude of the law court decisions remains the sinking process when compared to foreign vessels caught hands starting with the evidence sufficient. Implementation of the sinking ship of alien fish by North Sumatran Police Polair Recorded in the maintenance of kamtibmas, law enforcement, as well as provide protection, shelter and service to the community. Nevertheless Recorded Polair Poldasu experiencing obstacles in the application of article 69 paragraph 4 of Act No. 45 of the year 2009. It is because after enactment of the Ordinance, there is a constraint that does not support an increase in production and export in terms of quantity and quality. Based on the above research advice researchers that implementation of article 69 of the Act 45 Years 2009 paragraph 4 needs to pay attention to the basic considerations against the background of the enactment of the Government policy in the prevention efforts illegal fishing. Law enforcement agencies to be more active in conducting dissemination to the public of illegal fishing. Law enforcement must do other efforts can support the success in preventing the occurrence of illegal fishing with the increase in HUMAN RESOURCES, improvement of facilities and infrastructure supporting operasioanal, improve security operations on a regular basis and coordinated.   Keywords:    the sinking of the ship, Illegal Fishing, Recorded Polair of North Sumatra.
ANALISIS YURIDIS KEWENANGAN PPNS LINGKUNGAN HIDUP SEBAGAI PENYIDIK DENGAN TERKAIT PENGGABUNGAN KEMENTERIAN LINGKUNGAN HIDUP DENGAN KEMENTERIAN KEHUTANAN Muhammad Reza Azhar; Alvi Syahrin; Suhaidi Suhaidi; Syamsul Arifin
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Lately the role of investigators is very important in the process of proof of law, especially with special criminal acts, especially criminal acts in the environmental field. therefore, it is deemed necessary to incorporate the Ministry of Environment and Forestry to the extent of the duties and authorities of environmental civil servant investigators in carrying out their duties and functions. Keywords : Investigators, Environment, authorities
PENJATUHAN PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK TERHADAP PELAKUTINDAK PIDANA KORUPSI (ANALISIS PUTUSAN MA NOMOR 1261/K/PID.SUS/2015) Rasina Padeni Nasution; Alvi Syahrin; Mahmud Mulyadi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The criminal act of corruption is extra ordinary crimes so extraordinary enforcement (extra ordinary enforcement) and extraordinary measures (extra ordinary actions) are required. The form of countermeasures that is done is to drop the extra criminal to the perpetrator. One of the criminal forms provided is an additional crime in the form of revocation of political rights. The removal of political rights as additional criminal can only be imposed in relation to the political office elected by the election process, and can not be imposed permanently or permanently. There must be a definitive time limit on how long the revocation of political rights may be imposed. Insofar as it is done through due process of law which is in addition to the principal penalty imposed. The method used in this study, is analytical descriptive research directed to find out more deeply and analyze additional criminal penalties in the form of revocation of political rights against perpetrators of corruption through the Supreme Court's decision Number 1261 K / Pid.Sus / 2015. The additional criminal arrangements in the form of revocation of political rights are based on the principle of legality, which reads nullum crimen, nulla poena, sine preavia lege (poenali). This indicates that the imposition of an additional criminal in the form of revocation of political rights against the perpetrators of corruption acts in truth is not contradictory to Human Rights with justifiable reasons for the applicable legislation. The consideration of the Panel of Judges in Supreme Court Decision Number 1261 K / Pid.Sus / 2015 states that the criminal act of corruption perpetrated by the perpetrator is a multi-effect crime and extra ordinary crimes so there is no conflict with human rights values ​​such as freedom, equality, autonomy and security. However, in its verdict the judges merely declare the imposition of an additional penalty in the form of revocation of the right to be elected in public office without giving a certain time limit, while through the decision of the Constitutional Court Number 4/PUUVII /2009 has stipulated that the revocation of political rights is considered constitutional with the restriction of rights only valid for up to five years from the time the convicted person has finished his sentence. Article 38 of the Criminal Code determines the revocation of rights shall come into force on the day the court ruling commences. This leads to overlapping of rules between one criminal law product and another and another subsequent problem, namely criminal disparity. On the basis of any overlap that occurs in any additional penal provisions in the form of deprivation of political rights, it is necessary to synchronize the norms, to end the conflict between the laws therein and to extract the values ​​of Pancasila as the source of the law. Keywords: additional criminal, political rights, corruption
PENJATUHAN PUTUSAN SELA TANPA ADA EKSEPSI DITINJAU DARI TUJUAN HUKUM ACARA PIDANA (Studi Putusan Sela Nomor 353/Pid.Sus/2015/PN.Sim) Samandhohar Munthe; Alvi Syahrin; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The indictment can be declared null and void in the interim decision if there is an exception from the defendant / legal counsel. How is the position of the charges stated null and void in interlocutory decisions and the subject matter has been examined in terms of the purpose of criminal procedural law. Charges declared null and void in interlocutory decisions and have been examined the subject matter of the case is contrary to the principle of legality and Article 143 paragraph (2) letter b of the Criminal Procedure Code, causing legal uncertainty. The purpose of criminal procedure law to find material truth is not guaranteed by law. Material requirements must not be too broad and broad, enough careful, concise, clear, and complete description of the time and place of the crime. The interim verdict stated that the invalidation of law without an exception did not fulfill the principle of legal certainty in accordance with Article 156 paragraph (1) and paragraph (2) of the Criminal Procedure Code. Witness information is not a material requirement in Article 143 paragraph (2) letter b of The Criminal Procedure Code.  In order for the indictment to be declared null and void in the interlocutory verdict and to have examined the subject matter of the case, it must be dropped in the final decision. In order for the purpose of criminal procedural law to seek material truth, it is stated in the law. In order for the judge to make the final verdict, the witness who was not questioned by the investigator was included as things that burdened the defendant.   Keywords: Interim Decision, Indictment, Indictment Canceled For Law, Without Exception, Examination of Case Principles.
PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA DALAM MASA REHABILITASI (Studi Putusan Pengadilan Negeri Lubukpakam No. 1995/PID.SUS/2017/PN.LBP) Kharisma S Ginting; Alvi Syahrin; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Decision of the LubukPakam District Court No. 1995/Pid.Sus/2017/PN.Lbp dropped in accordance with the demands of the public prosecutor, guilty of violating article 112 paragraph (1) of Law no. 35 of 2009 on Narcotics should be known to be in the rehabilitation period of the narcotics then the judge handed down the rehabilitation decision in accordance with Article 103 paragraph (1) of Law no. 35 of 2009 on Narcotics does not impose a prison sentence accompanied by a fine. Therefore, it is necessary to examine the rule of law concerning narcotics abuse and drug abuse victims against people in the rehabilitation period. Criminal liability for the misuse of narcotics during the rehabilitation and punishment against abuse of narcotics during rehabilitation at the decision of LubukPakam District Court. 1995/Pid.Sus/2017/PN.Lbp. Keywords: Addiction, Abuse and Rehabilitation
Kebijakan Kriminal Terhadap Tindak Pidana Pencabulan Yang Dilakukan Oleh Anak Di Wilayah Pancur Batu Rosalyna Damayanti Gultom; Alvi Syahrin; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Children as successors to the baton of the struggle of the nation and state actually grasp the hopes of the nation. The good and bad future of the nation depends also on the good and bad conditions of the child at this time. However, now children often fall into various crimes, including the crime of sexual abuse. Crimes of sexual immorality can not only be done by adults, but children also tend to easily fall into it. There are 8 (eight) cases of sexual offenses committed by children in the Pancur Batu area that occurred in 2016 to 2017. The problems raised in the writing of this thesis are how to regulate criminal acts of sexual abuse committed by children in the legislation in Indonesia, then what are the factors that cause criminal acts of sexual abuse committed by children in the Pancur Batu area, and how is the criminal policy in handling criminal acts of sexual abuse committed by children in the Pancur Batu area.   Keywords  : Criminal Policy, Abuse done by Children
Tanggung Jawab Korporasi Dinas Kebersihan Atas Pengelolaan Sampah Berdasarkan Undang-Undang No. 18 Tahun 2008 Tentang Pengelolaan Sampah Jennifer Jennifer; Alvi Syahrin; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law. Keywords : waste management, corporate liabilities
Pertanggungjawaban Tindak Pidana Kelalaian Lalu Lintas Oleh Anak yang Menyebabkan Orang Lain Meninggal Dunia (Studi Putusan Pengadilan Negeri No.212/Pid.B/2013/PN-PMS) Jimmy Fernando Dapot Sianturi; Alvi Syahrin; Madiasa Ablisar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Criminal acts of negligence is a form of criminal acts with the error in the form of negligence. Error in omissions occur if the perpetrator does not use ability assets when that ability should be used.This research is to find out how the children criminal liability in the case of traffic accidents that certainly should pay attention to the best interests for the child. Keywords: Negligence, Children, Criminal Liability
Kinerja Kepolisian Resor Deli Serdang Dalam Penyelidikan dan Penyidikan Tindak Pidana Korupsi Faisal Rahmat Husein Simatupang; Alvi Syahrin; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the context of eradicating criminal acts of corruption, the government has made the Indonesian Republic Law, Number 31 of 1999, which has already been changed to the Indonesian Republic Law, Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption. The law referred to was born based on the consideration that the criminal acts of corruption that have been widespread all this time do not only harm the state finances but also violate social rights and the economy of the community at large; thus, the criminal acts of corruption need to be classifiedas a crime whose eradication must be done extraordinarily. The low performance of law enforcer including the police in the eradication of the criminal acts of corruption is said to be in the background underlying the birth of the Indonesian Republic Law, Number 30 of 2002 concerning the Commission of the Eradication of the Criminal Acts of Corruption (then it is said as Law of KPK (Commission of Eradication of Corruption)). The problems in this research are concerned with the Policy of Criminal Law against the Eradication of Criminal Acts of Corruption, the Position of the Police in Conducting Investigationand inquiry of the Criminal Acts of Corruption in Statutory Provisions, and the Police Performance of Deli Serdang Resor in the Investigation and inquiry of the Criminal Acts of Corruption. The type of the research conducted is the normative juridical research, that is, the research which is focused to review the application of positive principles or legal norms. The nature of analytical descriptive research constitutes the research that describes, examines, explains, and analyzes a legal rule. The results of the research show that there is a strong commitment from the government through the policy of criminal law to prevent and eradicate the criminal acts of corruption, the police are authorized to conduct the investigation and inquiry of the criminal acts of corruption in the statutory perspective in the Country of the Republic of Indonesia, and the performance of the investigation of the criminal acts of corruption done by the Police of Deli Serdang Resor is still very low. Some efforts to improve the performance of the police of Deli Serdang Resor in the investigation and inquiry of the criminal acts of corruption are the need for law enforcement fairly and consistently in accordance with legislation and other norms that apply, the need to increase the cooperation between the police, prosecutors and corruption eradication commissions substantively, structurally and the achievements which are detailed and structured, the need to increase the quality and quantity of Human Resources of the investigators of the unit of the Criminal Acts of Corruption of the Police of Deli Serdang Resor, and the need to review the article 385 of the regional government law.   Keywords: police performance, investigation, criminal acts of corruption.
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