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All Journal USU LAW JOURNAL MNJ (Malang Neurology Journal) The Indonesian Biomedical Journal Indonesian Journal of Clinical Pathology and Medical Laboratory (IJCPML) Journal of the Indonesian Medical Association : Majalah Kedokteran Indonesia Abdi Dosen : Jurnal Pengabdian Pada Masyarakat El-Wasathiya: Jurnal Studi Agama Iuris Studia: Jurnal Kajian Hukum Narra J Locus Journal of Academic Literature Review AKSONA Counselia: Jurnal Bimbingan Konseling Pendidikan Islam Jurnal Muara Olahraga Jurnal Kedokteran Hewan DECODING: Jurnal Mahasiswa KPI Neoclassical Legal Review: Journal of Law and Contemporary Issues Landraad Journal of Islamic Economics, Banking, and Social Finance
Muhammad Hamdan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
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DAKWAAN BATAL DEMI HUKUM SETELAH PEMERIKSAAN POKOK PERKARA DALAM SIDANG PENGADILAN (Studi Putusan Nomor 19/Pid.Sus/2015/PN.Sim) Anggara Suryanagara; Alvi Syahrin; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is very interesting to analyze when a summons was legally annulled by the judge after substance of the case was examined and indictment was read and it is stated as the last decision. The problems of the research were as follows: first, why the judge handed down the verdict which stated that the summons was legally annulled and the examination of the substance of the case and the indictment was related to the prevailing legal provisions; and secondly, whether the summons which was legally annulled in the Verdict No. 19/Pid.Sus/2015/PN.Sim could be summoned before the court when it is related to the principle of ne bis in idem. The judge’s verdict which stated that the summons was legally annulled after the examination of the substance off the case and the indictment in the Verdict No. 19/Pid.Sus/2015/PN.Sim was based on the explanation that the indictment was inaccurate, unclear, and incomplete. The person, Rikal, in the summons was not presented, no action was done, and he was listed in the Man Wanted List. Besides that, each person’s role was not explained. The amount of money received by Rikal was not in line with the fact in the proceedings. According to the legal provisions, the judge’s verdict was contrary to the principle of Justice and brought about legal uncertainty in the abrogation of the summons. The abrogation of the summons is bound to the principle of ne bis in idem since the subject of the case had been examined and the indictment had been read so that the verdict was categorized as acquittal and the principle of ne bis in dem was bound which indicated that the prosecutor could not file the case to be examined, indicted, and tried twice; it could only be appealed to the Supreme Court. It is recommended that Article 156, paragraph 2, Article 143, paragraph 2 letter b, and Article 191, paragraph 2 of the Criminal Code be interpreted widely, acquittal is not only related to a criminal case but also the summons is inaccurate, incomplete, and unclear, and the prosecutor appeal the case to the Supreme Court and not to the Higher Court.   Keywords :               Summons, Indictment is legally Annulled, Examination of the Subject of the Case, Principle of Ne bis in Idem
ANALISIS KEBIJAKAN HUKUM PIDANA TERHADAP WARGA NEGARA ASING PELAKU TINDAK PIDANA NARKOTIKA Keke Wismana Purba; Muhammad Hamdan; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Application of criminal law policies against narcotics crimes in one country implemented based on the principle of the territory operates a place (locus delicti) as the basis for the enforcement of the law. The application of the sanctions law against citizens of the society including foreign nationals who break the law, expected to be positive for the development of the personality of the influential community. Implementation of the policy of criminal law in particular criminal dead is currently subject to a Presidential Determination No. 2 of 1964 On The implementation of the Criminal to death determined by the courts In General and military Judicial environment. Barriers of pre and post implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, namely the existence of a difference of understanding of the concept of the the policy of criminal law, pros cons among the public, academics, legal practitioners and law enforcers linked the implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, as well as the intervention of various countries linked the implementation of the policy of criminal law. Keywords: Criminal Law, Criminal Policy Dead, Foreign Citizens
PENEGAKAN HUKUM OLEH HAKIM TERHADAP TINDAK PIDANA KORUPSI (Putusan Perkara Korupsi Atas Nama Johny Arifin Siahaan) Des Boy Rahmat Eli Zega; Muhammad Hamdan; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The District Court’s ruling in imposing sentence on a corrupting defendant does not give any justice to people because corruption has been running rampant and plundering the State’s assets which cause people to become poorer. The process of investigation in the case of Johnny Arifin Siahaan had met the evidence and witness testimony in the hearing so that the defendant should have been imposed maximal sentence, but the ruling of the Medan District Court did not impose maximal sentence. The role of a judge in upholding law in the system of criminal justice is that the judge is active and pays attention to witness and expert testimonies in the hearing. There are at least two valid pieces of evidence and judge’s confidence for a court’s evidence to impose a sentence. In the upholding of law by the judge on the corruption criminal act in the case of Johnny Arifin Siahaan, the Medan District Court’s ruling did not impose maximal sentence, 20 years imprisonment and fine of one billion rupiahs. However, in the appeal to the higher court, the Supreme Court handed down the heavier ruling, compared with the ruling of the Medan District Court and of the Higher Court for corruption criminal act in Medan so that corruptors will get intimidated effect on their extraordinary crime. Keywords: Upholding Law, Judge, Corruption
PENERAPAN NOODWEER (PEMBELAAN TERPAKSA) DALAM PUTUSAN HAKIM/PUTUSAN PENGADILAN Rani Angela Gea; Muhammad Hamdan; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The reasons for the negation of criminal (Straf Uitsluitings Gronden) are reasons that allow a person who has committed a criminal offense which meets formula, but can not be convicted. The defense forced (noodweer) is the reason for eliminating the illegitimacy (wederrechtelijkheid or onrechtmatigheid), then the reason for eliminating the nature of the crime (strafuitsluitings - grond) is also said to be a reason to justify or justify acts that generally constitute a criminal offense (rechtvaardigings - grond) called fait justificatief. The results showed that the Application of noodweer the verdict or the court's ruling, it must meet two main points, namely: There was an attack. Not against all attacks can be held defense, but in attack that meets the following requirements: instantaneous; which directly threatened; against the law; deliberately aimed at the body, politeness and possessions. There should be a defense against the attack. Defense actions must meet the following requirements: the defense should be and needs to be held; defense must involve the interests referred to in the legislation that is an attack on the body (lijf), politeness (eerbaarheid) and property (goed) belongs to himself or others . Keywords: Noodweer, Defence Emergency, The verdict of the Supreme Court of the Republic Indonesia
ANALISIS HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF PSIKOLOGI KRIMINAL (STUDI KASUS PENGADILAN NEGERI MEDAN) Andi Supratman; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 5, No 1 (2017)
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ABSTRACT Corruption is a social disease and parasite that harms a nation’s life aspects when it is practiced continuously in a big scale. Nowadays corruption can be classified into two points of view. First view states that corruption is from the individual of the corruptor. Second view, according to some experts, states that corruption is a social practice within a system. Since corruption cases in Indonesia are getting more massive, it is necessary to study the factors which cause corruption within the criminal psychological perspective. Corruption eradication can be carried out by the policy of the Penal Law; namely Penal and Non-penal policies. The objective of the research is to find out the legal administration, the factors which lead to corruption and penal law policy. The research applies judicial normative method which is grounded on library research to obtain materials related to the research problems. The instruments used to collect the data are library study and interview. Based on the results, the formulation of the Law on corruption has evolved substantially. The changes are seen from how the law makers put the regulations into a particular form of regulation. The Law on Corruption/ 1999 has set criminal weighing such as death penalty, particular minimum criminal sanction, higher fine, and more actions classified into corruption. Viewed from the criminal psychological perspective, the factors which cause corruption are derived from within the corruptor’s self; they are greedy and rapacious, and caused by basic human values such as hedonism, achievement as well as conformity. The strategy to eradicate corruption is by establishing Penal and Non penal policies. Penal policy is carried out by means of law enforcement i.e. involve the accused/defendant of corruption to reveal a case. Their participation is known as the Justice Collaborator and Whistle Blower. It is stipulated in the Circular Letter of the Supreme Court No.4/2011. Then, it can also be carried out by impoverishing the corruptor which has been enabled by the prevailing regulations; namely, the Article 18 of the Law on Corruption. Next, non-penal policy can be made by empowering the moral integrity of the law enforcers to enforce the law on corruption, namely empowering the welfare system or establishing political and economic risk system, and disseminate the understanding of corruption to the bureaucrats in either executive or legislative institutions, the law enforcers and all levels of the society.   Keywords: Corruption, Psychology, Criminology.
PELAKSANAAN PENYELIDIKAN DAN PENYIDIKAN KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN (STUDI DI POLRES KOTA MEDAN) Wilson Raja Ganda Tambunan; Muhammad Hamdan; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A crime or criminal act is a social phenomenon that occurs in the society. It develops as the society grows and develops. An example of crime found in society is sexual crime such as lascivious molestation. This crime has a quite high rate in Medan. In the last five years, its rate increased either committed by adults or by juvenile. The problems of the research are what factors cause lascivious molestation and why its rate is getting increased in Medan, what policy has been made by Medan Municipality Police in the investigation and verification of the criminal of lascivious molestation observed from the Law No.2/2002 and Law No.11/2012, and how about the obstructions encountered by Police in their investigation regarding the lascivious molestation in Medan. The results found that the factors causing lascivious molestation are free sex, narcotics, dating, technology, faith, lack of parental supervision, alcoholic influence, and unemployment, while the factors increasing the rate of lascivious molestation in Medan are free sex, environment, and low level of education and economy, law enforcement that has not brought a intimidated effect on the criminals, the lack of efforts made by government, technology abuse, and lack of parental debriefing regarding the ethics in juvenile interactions. The investigation and verification upon juvenile criminal of lascivious molestation by Medan Municipality Police has been performed in accordance with the Law No.2/2002 and the Law No.11/2012. The obstruction encountered by the police in their investigation is the difficulty in finding a witness. The research concludes that there is a need for a better society, consistent law enforcer, particularly police, and that the police make use of evidence pursuant to the Criminal Procedure Code.   Keywords: Investigation, Verification, Juvenile Criminal of Lascivious Molestatiom
TINDAKAN PENARIKAN UNIT KENDARAAN YANG DILAKUKAN DEBT COLLECTOR TERHADAP DEBITUR DITINJAU DARI ASPEK HUKUM PIDANA Jusnizar Sinaga; Muhammad Hamdan; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 2 (2017)
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ABSTRACT In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of  2009  about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right . Keywords: Debt collector, Crimes Dispossession by Violence, Consumen Financing
SISTEM PEMBUKTIAN PADA TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM KAITANNYA DENGAN HUKUM ACARA PIDANA Nara Palentina Naibaho; Mahmud Mulyadi; Muhammad Hamdan; Mirza Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
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ABSTRACT Muara District Court Teweh No. 194/Pid.Sus/2013/PN.Mtw, the accused was sentenced under electronic evidence in the form of sms while Ranai District Court's Decision No.20/Pid.B/2013/PN.Rni containing electronic documents as supporting evidence to ensnare convict. It brings need to be assessed on setting criminal offense of information and electronic transactions contained in the legislation, Strength evidence electronic evidence in criminal offenses of information and electronic transactions in relation to criminal procedural law and the role of electronic evidence in uncovering the truth of the law in the District Court's Decision Muara Teweh 194/ Pid.Sus/2013/PN.Mtw and Ranai District Court's Decision No.20/Pid.B/2013/ PN.Rni.   Keywords: Evidence, Verification and Criminal Procedure Law
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERZINAHAN (STUDI PUTUSAN PENGADILAN NEGERI STABAT NO : 221/PID .B/2014/PN.STB DAN PUTUSAN PENGADILAN NEGERI SIDIKALANG NO: 116/PID.B/2013/PN.SDK) Syawal Saputra Siregar; Muhammad Hamdan; Mohammad Ekaputra; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
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ABSTRACT The setting is the crime of adultery against unmarried couples will not only accommodate the religious law or customary law which has prohibited such actions but can prevent the spread of other criminal offenses such as abortion, child neglect or disposal of the child of a relationship outside of marriage and so forth caused by acts criminal adultery. That is, if the formulation of legislation in its entirety has been set for penal deterrence has been fulfilled, then only a non penal policy formulation. Related to the above description there are two (2) court decision that will be examined in this thesis, the Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb and Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. It brings necessary to study the factors that lead to fornication punishable. Comparison of the crime of adultery is regulated in the Code of Penal (Penal Code) and Islamic law. Application of the criminal law against adultery by Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb And Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. Keywords: Comparison, Crime and Adultery
PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA MILITER ( Studi Tindak Pidana Militer Di Kosek Hanudnas III Medan) Muhammad Hykna Kurniawan Lubis; Syafruddin Kalo; Mahmud Mulyadi; Muhammad Hamdan
USU LAW JOURNAL Vol 5, No 4 (2017)
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ABSTRACT Indonesian National Army consists of the Indonesian Army, Indonesian Navy, Indonesian Air Force. In carrying out the responsibilities of course there is the possibility of irregularities committed by members of the Indonesian National Army. Deviations that one of them is a military offense. Every crime committed by members of the Indonesian National Army settled in military courts. The results showed that the request of criminal liability against members of the military who commit the crime of military experience various obstacles, such as procedural obstacles and barriers that come from matter legislation relating to the setting military offense itself. All entities to improve the effectiveness of supervision attached or internal control as a function of command, carry out program personnel development and mental development to improve compliance, obedience and discipline of soldiers against the rule of law, then an evaluation factor contributing to the cause so it can be used as an ingredient in prevention and penaggulangan, and the latter are cracked down any military personnel involved in criminal acts. Besides, it is also the need to revise Law No. 31 Year 1997 on Military Justice, in particular to Article 124 paragraph (4), Article 141, paragraph (10), and Article 143, because these Articles is a matter of law that are multiple interpretations. Keywords: criminal liability, the military, a criminal offense.
Co-Authors Abdul Aziz Alsa, Abdul Aziz Aca Surya Putra Zai Adilah, Mujahidah Afif, Tansri Riziq Hilman Aldi Pramana Alia, Safia Alvi Syahrin Amelia, Elena Ghentilis Fitri Andi Rian Djajadi Andi Supratman Anggara Suryanagara Anjani, Nur Dwi atika Azbilia, Siti Fatma Baisa, Hidayah Barry Sugiarto Bismar Nasution Bobbi Sandri Budi Bahreisy Budi Utomo Cynthia Cynthia Cynthia Dedi Harianto Des Boy Rahmat Eli Zega Dienanta, Savira Edi Yunara Ediwarman Ediwarman Edy Ikhsan Ekaputra, Mohammad Elok Budi Retnani Eva Syahfitri Nasution, Eva Syahfitri Fadilah Khoirinnisa Harahap Fahmi Tanjung Fahmi, Achmad Faisal Akbar Nasution Ferry Sandra Fhytta Imelda Sipayung Fuji Sasmita Gerry Anderson Gultom Hana Oktaviana Fahlevi Hanawi Aananda Putra Sitohang Hanik Badriyah Hidayati,* Mohammad Hasan Machfoed,* Kuntoro,** Soetojo,*** Budi Santoso,**** Suroto,***** Budi Utomo****** HARIYANTO HARIYANTO Hasim Purba Henry Sucipto Sanjaya Sirait Huda Shalahudin Darusman Huda, M. Muchlish Ica Karina Imami, Nabilah Hasna Iman Azahari Ginting Immanuel Colia Immanuel P Simamora Irianto Irianto Islamiyah, Wardah R. Jelly Leviza Jhon Tyson Pelawi Julieta Santi Simorangkir Jusak Nugraha Jusmadi Sikumbang Jusnizar Sinaga Keke Wismana Purba Kesita Eva Lestina Lumban Tobing Kusuma, Yohanna Lestari Victoria Sinaga Lestari, Diayanti Tenti Lidya Rahmadani Hasibuan Lumempouw, Silvia Machin, Abdulloh Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Maria Margaretta Sitompul Marlina, Marlina Mathilda Chrystina Katarina Mazmur Septian Rumapea Mirza Nasution Muhammad Ekaputra Muhammad Hykna Kurniawan Lubis Muhammad Iqbal Lubis Muhammad Muchlish Huda, Muhammad Muchlish Mujita Sekedang Munthe, Hasanuddin Nanang Tomi Sitorus Nara Palentina Naibaho Nelson Syah Habibi S. NINGRUM NATASYA SIRAIT Ningrum, Emilna Mega Noviana, Rachmitasari Nugraha, Priya Nurrani Mustika Dewi, Nurrani Mustika Panca Hutagalung Paulus Sugianto, Paulus Perdana Eliakhim Manalu Polin Pangaribuan Pukovisa Prawiroharjo, Pukovisa Pulungan, Juli Julaiha Puti, Nazla Ananda Rachmi Putri Rumondang Siagian Putri, Indah Aprianti Rahajuningsih Dharma Rahmarini, Edfina Ramsi Meifati Barus Rani Angela Gea Rehatta, Nancy Margarita Ricky T. A Pasaribu Rina Melati Sitompul Risna Oktaviyanti Utami Rizky Novia Karolina Rizma, Fachrien Robinson Sihombing Roland Tampubolon Samsul Aripin Silitonga Sarimonang B Sinaga Sensusiati, Anggraini Dwi SILMI MARIYA Silvia F. Lumempouw Siregar, Khoiruddin Manahan Siti Maimana Sari Ketaren SOETJIPTO . Songidan, Junaidi Suhaidi Suhaidi Suharto, Ade P. Sunarmi, Sunarmi Syafruddin Kalo Syafrudin Kallo Syaiful . Syamsul Arifin Syawal Saputra Siregar Tarigan, Yos Arnold Tedi Franggoes Andri Siburian Themis Simaremare Turchan, Agus Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus UUS SAEPULOH Wilson Raja Ganda Tambunan Yohana Yohana Zikrul Hakim