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Muhammad Hamdan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
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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)
Publisher : Universitas Sumatera Utara

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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 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.
PELAKSANAAN TUGAS PEMBIMBING KEMASYARAKATAN DALAM PROSES DIVERSI ANAK YANG BERKONFLIK DENGAN HUKUM DI BALAI PEMASYARAKATAN KELAS I MEDAN Ica Karina; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A Community Guidance is a correctional officer at the Correctional Institution conducting guidance to a Penitentiary Sub-prisoner outside the authority of LAPAS. In the juvenile justice process, the community counselor is tasked with preparing a community research report (LITMAS). This social research serves to find out more in the background of children's social life both economic, educational, religious and social interaction. Form of guidance given in the form of: religious education, character education, guidance and counseling of individuals and groups, formal education, scouting, vocational education, psychotherapy, literature, and psychiatry therapy. The Criminal Function is no longer merely a jail but it is also a process of rehabilitation and social reintegration of the Insured Citizens within the penitentiary. This study aims to find out the task of social guidance against children who are faced with the law and to know the implementation of the social guidance in the process of diversion against the children who are faced with the law in the Class I Pemasyarakatan Medan. This research indicates that the task of the Community Guidance in the making of community research and mentoring of children in conflict with the law as the suspect / defendant in the criminal justice process of the child, and for the adult suspects in certain crimes and LITMAS for the interest of prisoners' care and guidance of the prison shows the involvement of the Community Guidance Counselor since the beginning of the legal process until the return of a prisoner and prison student to the public. In the execution of a Class 1 Medan community mentor has the duties and functions, among others, the basic task of the first class BAC supervisor Medan is to provide community guidance or alleviation of children in accordance with applicable legislation and conduct coaching, guidance and supervision of clients outside Penitentiary . Keywords: Task Implementation, Community Guidance.
ANALISIS YURIDIS ATAS PERMOHONAN ADA ATAU TIDAKNYA PENYALAHGUNAAN WEWENANG BERDASARKAN UNDANG-UNDANG NO. 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN TERHADAP PROSES PERADILAN PIDANA KORUPSI Mathilda Chrystina Katarina; Syafruddin Kalo; Muhammad Hamdan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of its administrative HR law between State and criminal law entered into a "gray area" giving rise to debate ebelitas among legal experts. How not to, a decision State officials well in order "beleid" nor "diskresi" became the arena of academic studies for was made the base an pemidanaan justification or denial, but on the other hand diskresi without based on legislation give rise to an abuse of authority. By the existence of article 20 and article 21 of ACT No. 30 of 2014 about government administration, opening up space for the internal auditing of the Government Apparatus (APIP) to supervise the prohibition of abuse of authority and PTUN to check and decide there is or none of the elements of abuse of authority, as may be made by the Court of abusing authority in testing TIPIKOR article 3 of ACT PTPK. The results showed that according to the theory of the point of tangent equation, there are administrative law and criminal law related to abuse of authority, including the use of the term Equation 1) 2) Equation, Equation 3) understanding the subject of the norm i.e. Government officials, 4) equation of norgeddrag, i.e. the forbidden deeds (verbod). The close relationship of law and the administration of criminal law that raises the legal experts among the pros cons when APIP inspection results and/or Verdict PTUN stating there are no elements of abuse of authority committed government officials, whether binding the process of criminal justice. Meanwhile, other legal experts have different opinions that the Government officials are convicted could do if the deed Tipikor against criminal law, which preceded and followed the evil inner attitude (mensrea) and result in the loss finances of the State, but in addition to the second opinion there is another legal experts who argued that there are no conflicts of norms, because good PTUN nor the District Court (Criminal/Tipikor) runs the function of each. Parameter test of legality PTUN decisions and/or actions of government officials is legislation (written) and the General principles of good governance/AUPB (not written), while Court TIPIKOR based solely on regulation in writing only. In administrative law distinguished between personal responsibility and position responsibilities. Responsibilities of the position with regard to the legality of the (validity) or defects regarding the juridical authority, procedures, and the substances while personal responsibility with regards to the functionaries or approach the approach behavior, maladministrasi. Criminal responsibility is personal responsibility in the context of losses of State accompanied by malicious intent to benefit yourself.   Keywords: abuse of Authority, law Adminintrasi, and criminal law.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN DESERSI (Studi Putusan Pengadilan Militer Nomor 198-K/PM I 02/AD/X/2017) Nanang Tomi Sitorus; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Desertion is a crime that is specifically done by the military because of a legal fight and are contrary to the law, in particular the military criminal law. Enforcement of military discipline regulations of law discipline soldiers, where the regulations restrict all movement and behavior of soldiers. However, in practice, how strict the rules does not make the TNI soldiers dutifully, even likely to violate. This is still a lot of soldiers of the indonesian military who often unity on each felony desertion. The crime of desertion is common in military life, especially in the region of Kodam I Bukit Barisan, recorded in the year 2016 the number of perpetrators of crimes of desertion was litigated and 36 in the year 2017 totaled 6 things. The crime of desertion that often occur in the region of Kodam I Bukit Barisan are the crimes of desertion in time of peace, where the crime was committed when the country in peace and not in a State of war. The implications of this frequent desertions crime, poses a very significant influence especially against TNI soldiers on duty at the border in urban as well as remote areas, so that these influences can undermine mental and the personality of the TNI soldiers and damaging a military life joints and the image of the air force. The methods used in this research is the juridical normative legal research methods, i.e. a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of primary legal materials from secondary as scientific books, legislation, court decision I-02 Military terrain and data obtained by accessing the internet related to this research. The judicial process against the defendants on behalf of private first class Butar-Butar Suryadi Ahmad was held in a military Court I-02 Field. The process starts from the level of investigation by military police Subdenpom-I/1-4 Range, the submission of case by Danrem-022/PT as an officer of Subsmisson a cases, a military judge advocate (Requisitoir) as a public prosecutor and the judge's Verdict in the trial. The process of the trial is that the defendant is declared guilty of convincing has been conducting a legitimate absence without permission from superiors or desertion in time of peace as provided for in Article 87 paragraph (1) of the 2nd verse junto (2) Book The Act Of Military Criminal Law (KUHPM). Criminal liability against the defendant, by the Military Court judge I-02 Field in the form of criminal sanctions subject matter i.e. imprisonment for 5 (five) months and additional criminal was dismissed from military service. Keywords: Criminal Liability, The Indonesia National Army, Desertion.
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
Analisis Pencabutan Keterangan Terdakwa Dalam Berita Acara Pemeriksaan (BAP) Penyidikan Di Persidangan Terhadap Putusan Hakim Sarimonang B Sinaga; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
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Abstract. The revocation information of the defendant in the news of the proceedings (BAP) investigation at the trial which is not accompanied by a fundamental and logical reason then the legal position of the description of the defendant in the BAP the investigation can be "evidence hints". Legal considerations the judge refused the defendant's description of revocation reason Rhio Hendra Heriawan Ginting, et al in the BAP investigation because of the reasons stated for the removal of the defendant in the trial is not accompanied by a fundamental reason and logical, so that description the defendants contained in the BAP investigation can serve as evidence of the defendant's fault, the instructions while the matter with defendant Sandro Lumban Tobing, et al, the judge accepted the reasons for the removal because the defendants description accompanied by fundamental and logical reasons so that it captions the defendant in a BAP investigation does not have value of proof in proving fault of the defendant   Keywords : Revocation Information of The Defendant, The News of The Proceedings (NoP) Investigation, Consideration The Ruling of The Judges.
Pertimbangan Hakim Tentang Pilihan Denda Sebagai Pemidanaan Pada Tindak Pidana Dalam KUHP : Studi Kasus Putusan No. 368/Pid.B/2015/PN.Kbj dan Putusan No. 299/Pid/2016/PT.Md Fhytta Imelda Sipayung; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
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Abstract. Imprisonment was not always give effect deterrent means a convict, but the choice of imprisonment remains a Prima Donna and a popular choice for law enforcers, especially when the judge drop the verdict against the accused in the the trial. Despite the undeniable imprisonment is not the only option pemidanaan in the Criminal Code (Kitab Undang-Undang criminal law) which is positive law in Indonesia. There are other pemidanaan option should be used a law enforcement, criminal one is fine. Problems in the study is how the consideration of judges in criminal fines disconnected contained in criminal cases, how the criminal fines in the context of the criminal law and pemidanaan and how the application of criminal sanctions against the perpetrators criminal actions contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). Shove off from the problem, which is the purpose of this research is to know at once discover what into consideration judges in criminal fines disconnected contained in criminal cases, to know how the criminal fines in the context of criminal law and pemidanaan, as well as find out and analyze how the application of criminal sanctions against the perpetrators of the criminal act contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). We in this study are normative, law then principal data in this research is the primary data. Data collection is carried out by means of research libraries. As for the results of this research is the State Court judge that checks Kabanjahe and break the criminal Number 368/Pid. B/2015/PN. KBJ on behalf of defendant Relta Br. Tarigan dropping criminal fines against the defendant a number of Rp 2. 500,000,-(two million five hundred thousand dollars) and provisions when the fines are not paid changed with criminal confinement for 6 (six) months, where the verdict dropped based on Article 351 (1) of the CRIMINAL CODE, the number 2 year 2012 Perma, book Statute of the law of criminal procedure (CODE of CRIMINAL PROCEDURE) number 8 Year 1981 as well as other legal provisions concerned. Upon the verdict, the Prosecutor proposed the remedy of appeal. The difference in the view of the consideration of the Tribunal judges in the first instance and appellate Judge of the Tribunal in the High Court of Medan with Verdict Number 299/Pid/2016/PT. Mdn, just about the inclusion of Perma number 2 Year 2012 On the adjustment of the Limitation Criminal acts of light and the amount of the fine in the criminal code, but the Tribunal judges in the Appeal at the High Court of Medan still concurred the Tribunal Judges District Court with criminal dropping Kabanjahe fines against the defendant as the perpetrator of the the crime of persecution.   Keywords: consideration of the judge, fines, criminal act, criminal code.
Penegakan Hukum Operasi Tertangkap Tangan Terhadap Tindak Pidana Korupsi Oleh Satuan Tugas Sapu Bersih Pungutan Liar: Studi Kasus No.58/Pid.Sus-TPK/2017/PN MDN Fuji Sasmita; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Illegal fee is one of corruptions that widely happen in public administration both at central or regional levels. The government has formed Satuan Tugas Sapu Bersih Pungutan Liar to fight illegal fee with red-handed operation. This research tries to investigate some problem:  the regulation about Satuan Tugas Sapu Bersih Pungutan Liar to do red-handed operation, constraining factors in red handed operation and law enforcement policy in case of Medan District Court number 58/Pid.Sus/TPK/2017/PN MDN. The method used in this research is  normative and empirical research. The nature of the research is descriptive analysis. The type of data used is secondary data derived from primary, secondary, and tertiry legal material. Secondary data are collected by literature study technique and field study with data collection tool in the form of interview. Furthermore, the data are analyzed by using qualitative analysis method. The result of the research shows that the regulation about Satuan Tugas sapu Bersih Pungutan Liar in red-handed operation has been arranged on President Regulation number 87/2016 and Governour Decision number 188.44/181/KPTS/2018. Meanwhile, the constraining factors are limited funds, facilities, difficulty in obtaining the information, community participation, lack of socialization, and culture. Concerning the policy of law enforcement as showed by Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN, is carried out analysis of the chronology of the case, the prosecutor’s charge, the prosecutor’s demand, the legal facts, the judge’s evidence, and the judge’s verdict. Based on the analysis of Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN there is inaccurate application about law. The prosecutor demand the defendant ESS with article 11. According to this analysis that the defendant should be demanded and decidec by using article 12 e about extortion. Keywords: illegal fee , criminal act of corruption, red-handen operation
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