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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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Kompetensi Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Terkait Penyalahgunaan Wewenang yang Mengakibatkan Kerugian Keuangan Negara Hiras Afandy Silaban; Alvi Syahrin; Budiman Ginting; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The results of this study concluded that (1) abuse of authority in administrative law and criminal law occurred when the officers have the Authority (either by attribution, delegation or mandate) does not implement the authority in accordance with the goal gave the authority. In this case, the abuse of authority may result in financial loss to the State between administrative law and criminal law are affected by the intention (mens rea) with a result of the Act (actus reus); (2) Dualism between the authority of the courts of criminal acts of Corruption by The country's Courts in the event of abuse of authority which resulted in financial losses of the country caused by the similarity of the concept, the subject of the intended norm (normadressat) and the desired behavior or behavior that is not desired (normgedrag) between the abuse of authority; (3) a court which has competency against the abuse of power that resulted in financial losses of the State is the country's Administrative Court and the Court of criminal acts of corruption. In this case, the competence of the courts of The States have restrictions (retriksi) about a time where The State Court can receive, check and disconnected or no abuse Report after the Examination and APIP before the Court of a criminal offence of corruption began the process towards the matter. In the matter of the petition examination submitted at trial after the criminal offence of corruption starts, then the process in court The State Court process must wait for the criminal offence of corruption is completed. Keywords :           corruption, abuse of authority
Penerapan Penyelesaian Perkara Melalui Pendekatan Restorative Justice Dalam Penanganan Tindak Pidana Penganiayaan Rachmat Aribowo; Alvi Syahrin; Sunarmi Sunarmi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The community is a portrait of life full of disputes, disputes, quarrels, feuds, or various types of conflicts between individuals, groups, families, ethnicities, even between nations that result in various forms of criminal offense including criminal acts both light and heavy as intended Article 351 sd Article 355 of the Criminal Code. For example, dangdut singer Murya Agung aka Dewi Persik, was found guilty of committing a minor offense against Julia Perez as charged with Article 351 paragraph (1) of the Criminal Code. In essence, the court ruling imposed the defendant Dewi Persik for 3 (three) months imprisonment and ordered the defendant to be detained. Apparently opponent play Dewi Persik, Julia Perez punished with the same punishment that is sentenced to prison for 3 (three) months in prison. From the above description, it is appropriate that the concept of restorative justice approach as an alternative to the settlement of criminal offenses is immediately applied in Indonesia as an effort to reform the law. This is because restorative justice is an approach that is more focused on the conditions of creating justice and balance between perpetrators of crime with the victim. The criminal justice-focused criminal justice mechanism and procedure is transformed into a process of dialogue and mediation to create an agreement on the settlement of a fairer and more balanced criminal case for both victims and perpetrators. Restorative justice has a meaning of restoring justice. In the criminal justice is currently known as restitution or compensation for victims, while restoration has a broader meaning. In this study tried to show that the criminal act of persecuting each other is equally harmful to the parties who litigation.   Keywords : settlement of cases; restorative justice; and criminal act of persecution.
Pertanggungjawaban Hukum Direksi PT. Bank Jawa Barat & Banten Atas Pembelian Gedung Kantor Pada Putusan Mahkamah Agung RI No. 2301K/PID.SUS/2016 Jo. Putusan Tipikor Pada Pengadilan Negeri Bandung No. 147/Pid.Sus-TPK/2015/PN.Bdg Robinson Sihombing; Alvi Syahrin; Muhammad Hamdan; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : The Anti-Corruption Law has been enacted for a long time but still corruption cannot be eradicated and even tends to increase from year to year, both in quality and quantity. Corruption is an act that is very detrimental to the country's finances and afflicting society at the same time can hamper national development. Therefore, corruption is classified as an extraordinary dispute that needs to be eradicated completely, as if by increasing the workforce and the forced power of existing laws and regulations, both through law enforcement, also through civil law enforcement. Corruption is any activity to enrich oneself or another person or one who can help finance or the country. This study reinforces the idea that the procurement of goods and services is an easy target for corruptors. The court's decision related to the corruption case mentioned above, namely: Decision of the Supreme Court No. 2301K/PID.SUS/2016, dated July 26, 2017 Jo. Decision of Corruption in Bandung District Court No. 147/Pid.Sus-TPK/2015/PN.Bdg., Dated December 14, 2015 which has permanent legal force (inkracht). Interestingly the case in this ruling was discussed because, in the first instance decision Defendant Wawan Indrawan was acquitted of all charges of the Public Prosecutor (vrijspraak). After the Public Prosecutor filed an appeal to the Supreme Court, the panel of judges overturned the verdict of the first instance and subsequently declared the Defendant guilty of committing corruption together with imprisonment for 8 (eight) years and a fine of Rp. 1.000.000.000,- (one billion rupiah) subsidair 8 (eight) months of confinement. Keywords : Procurement; directors; and Bank
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 5 (2019)
Publisher : Universitas Sumatera Utara

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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
Analisis Yuridis Terhadap Kedudukan Barang Bukti Dalam Tindak Pidana Perikanan Mengenai Alat Tangkap Kaitannya Dengan Pelaksanaan Tugas Kejaksaan Dalam Penuntutan Arpan Carles Pandiangan; Alvi Syahrin; Suhaidi Suhaidi; Edi Yunara
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Its law enforcement still has weakness concerning the proving exhibit evidence in a court about catching equipment in fishery criminal act. It can be seen from the Ruling No. 2064 K/Pid.Sus/2016 which does not realize agreement in law. The research problems are how about the regulation on exhibit evidence in a court confiscated from fishery criminal act in Indonesia, how about its position related to the prosecutors’ job, and how about judges’ consideration in the Supreme Court on the exhibit evidence. Concerning the exhibit evidence, Article 76A of Law on Fishery reads, ‘that the exhibit evidence in fishery criminal act can be confiscated for the State and terminated based on the approval of the Head of District Court. Concerning catching equipment, the prosecutor has the authority to confiscate the exhibit evidence for evidence in the court as it is stipulated in Article 42 of HIR. Concerning the Ruling No. 2064 K/Pid.Sus/2016, it can be said that the termination and the confiscation of catching equipment in judges’ decision is not in accordance with the agreement in law: the principles of justice, certainty, and benefit since the little fishermen are harmed since they have lost their livelihood. It is recommended that people’s welfare approach be done. It needs explanation about the position of exhibit evidence (catching equipment) so that fishermen will not be harmed. Besides that, the prosecutors’ authority should be improved in law on fishery concerning prosecution on exhibit evidence in the fishery criminal act.   Keywords: fishery criminal act, exhibit evidence, the supreme court’s ruling
Pertanggungjawaban Pidana Pejabat Pembuat Komitmen Akibat Terjadinya Kerugian Keuangan Negara Dalam Pengadaan Barang/Jasa Pemerintah Dina Karlina Amri Lubis; Alvi Syahrin; Budiman Ginting; Hasim Purba
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Government procurement has a positive impact on the economy and national development, but the success of procurement in moving the national economy has always been the Foundation of the land deeds of criminal acts of corruption that contribute cause a loss of the country. Official Commitment Maker as executing the budget and one of the principals of procurement faced with responsibility over any Government-issued rupiah to get the right goods and services (value for money).  Seen from the aspect of the law, legal risk in government procurement have three (3) legal systems, namely, administrative law, civil law, and criminal law. Not understanding law enforcement officers against the third character of the legal system that works in the procurement, implies the occurrence of errors in the application of the law, in particular the application of the law of criminal corruption in the event of the occurrence of financial loss State and potentially tofor review by law enforcement officials, made witnesses, even defined as a criminal act corruption suspects. The condition, causing the onset of apathy from the perpetrator, with procurement were not willing to be appointed as procurement, specifically designated as Official Commitment Maker. As for, the problems raised in the research thesis, first: how the criminal law aspects of Corruption in Government procurement of goods/services, these two: how the Criminal Liability of officials due to the occurrence of Commitment Makers financial losses The country in Government procurement of goods/services, and third: How legal protection of officials of financial Losses due to Commitment Makers State in Government procurement of goods/services. Fulfillment of responsibility in government procurement could be distinguished in two forms, namely the responsibility of Office and criminal liability. Criminal liability is the parameter elements of tort law (wederrechtelijk) and abuse of authority based upon the nature of the error on purpose (dolus) and neglect (culpa), when these elements are met, then the Act of conducted by Officials have met the commitment maker indications of corruption in article 2 and 3 of Act No. 20 of 2001 changes to the Act No. 31 of the year 1999 about the eradication of criminal acts of corruption, so that personal accountability leads to criminal liability.   Keywords: governmentprocurement, criminal liability, state officials PPK
Penjatuhan Pidana Bersyarat Dan Pengawasannya Sebagai Alternatif Pemidanaan Zikrul Hakim; Alvi Syahrin; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The UUD 1945 defines that the Republic of Indonesia is a law state in which the efforts to halt the violence are regulated in KUHP. Article 10 of KUHP describes the types of criminal acts in Indonesia. Not only does the law cluster the type of the actions and their punishment, but also there is a system of imposing of other punishment such as probation which is not a sort of criminal acts described in the KUHP but is an alternative sanction in trial proceedings. Probation is still barely imposed by the judges and its implementation is still lack of supervision from the government. This research explains how important is to impose a probation as an alternative sanction, what is the procedure of supervision in probational decision, and what is the policy of criminal law in KUHP bill regarding of probation. The method used in this research is descriptive norm analysis. The research is also supported by the interview of the officials to provide enough data about the result of the research. The result of the research shows that probation is one of very important alternatives for the convicts to improve their behaviour, to avoid sub-culture of imprisonment and over-crowded in rehabilitation centre. The procedure of supervising the behaviour of a person who is put on probation after that person released from the jail is yet to be regulated by the government. This has caused the chaos and uncertainty among the probation officials. They face many obstacles in implementation of the post-probation control. As the result, post-probationcontrolling process is not effectively implemented. The formulation of the parole in KUHP bill should focus on the types of crimes and length of punishment and supervision process, special and general condition for a person who is under official supervision, and the guidelines of implementation of under-surveillance punishment.   Keywords : probation, supervision, alternatives punishment.
Analisis Terhadap Tindak Pidana Penipuan Dalam Kasus Arisan Online (Studi Putusan Pengadilan Negeri Binjai No.375/PID.SUS/2021/PN BNJ) Lidya Ruth Panjaitan; Alvi Syahrin; Edi Yunara; Marlina Marlina
Jurnal Pencerah Bangsa Vol 3, No 1 (2023): Juli - Desember
Publisher : Jurnal Pencerah Bangsa

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Criminal acts of fraud in the management of online arisan (rotating savings) in their handling have caused many polemics or legal issues. Which limitation, it is necessary to have clarity regarding the concept of default which is the realm of civil law and fraud which is the realm of criminal law. To examine more deeply the regulation of criminal acts of online arisan fraud and proof of criminal offence of online arisan fraud according to Indonesian laws and regulations, as well as the judge’s legal considerations in ruling number 375/Pid.Sus/2021/PN Bnj against criminal acts of online arisan fraud. The research uses a normative juridical approach method, namely doctrinal legal research that refers to legal norms, which are statutory laws in Indonesia, so this research emphasizes secondary material sources, both in the form of regulations and theories law. Based on the research results, the regulation of criminal acts of fraud in online gatherings according to Indonesian laws and regulations is regulated in Article 28 paragraph (1) jo. Article 45 A paragraph (1) Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.
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