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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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Perlindungan Hukum Terhadap Justice Collaborator Dalam Hukum Pidana di Indonesia : Analisis Putusan Mahkamah Agung No. 2223K/Pid.Sus/2012 Muhammad Iqbal Lubis; Syafruddin Kalo; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Corruption is detrimental to the country's socio-economic and financial community. Criminal acts of corruption had a tendency of done more than one person.  Criminal acts of corruption that has been caught by the corruption eradication Commission (KPK) has the constraint to uncover and arrest those who have committed criminal acts of corruption due to lack of information or data. Then munculah the idea of Justice Collaborator (JC) who first became known in America in 1970-an idea that is working to reveal the masterminds of major criminal acts of corruption with the convicted person criminal acts of corruption. A key role that belongs to the justice collaborator among others to uncover a criminal act or an impending criminal acts, so the return on assets from the proceeds of a criminal act can be achieved to the State. Research methods used in this research is descriptive analytic in nature, i.e. the data analysis used in the legal materials in the study will be conducted in a qualitative and comprehensive analytical data primary and secondary, this type of research is the normative legal research, collection of data used in this research is to include research libraries (Library Research). In addition to complete secondary data, primary data is also supported. Presence of Justice Collaborator in the process of investigation, investigators and Investigators by itself can be helped in uncovering the facts and find the material that originally covered became ablaze. The existence of the White Blower and Justice Collaborator in this step is helping police in the search for and find the facts related to the crime before the evil done and after crimes were committed. Countries through the Agency of protection of witnesses and victims (LPSK) is obligated to provide protection if needed. According to the above law the so-called protection is all the efforts the fulfillment of rights and the granting of aid to provide a sense of security to the witnesses or the victim must be carried out by the LPSK or any other institution. Application of Justice Collaborator has been set at SEMA No. 4 Year 2011 about Treatment For Reporting Crime (Whistle-blowers) and witnesses the Perpetrators Cooperate (Justice Collaborators) in Matters criminal acts of corruption. The defendant here because it has helped the party investigation got remission of prison for 28 months. This form of remission awards because thanks to the accused parties of investigation get other suspects to the detriment of the nation. Keywords: legal protection, justice collaborator, criminal law
Penerapan Unsur Permufakatan Jahat Dalam Pasal 132 Ayat (1) Undang-Undang Republik Indonesia Nomor 35 Tentang Narkotika : Studi Putusan Pengadilan Negeri Medan Nomor : 2644/Pid.Sus/2017/Pn.Mdn Gerry Anderson Gultom; Syafruddin Kalo; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara not in accordance with the full sound of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, this can be seen clearly from the indictment, proof of elements by the public prosecutor in the judicial panel's decision and elemental verdict in the decision that omits the phrase "to do" in Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The application of articles like this is clearly contrary to the law. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara eliminating the phrase "to do" gives rise to different legal consequences of the intent and purpose of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning actual Narcotics. The phrase "to do" wants the perpetrators of crimes to be charged even though the criminal act has not been completed, but in this case the public prosecutor and the panel of judges actually prove the crime as referred to in the second indictment which has already been completed. By proving the second indictment, the public prosecutor and the panel of judges wasted the opportunity to prove the defendant's guilt in the first indictment, whose criminal threat was more severe even though the facts of the trial were very possible to prove the defendant's mistake in the first indictment. Keywords: application, elements, evil consensus, crime and narcotics.
Pelaksanaan Pembinaan Terhadap Narapidana di Lembaga Pemasyarakatan Kelas IIA Pematang Siantar Kesita Eva Lestina Lumban Tobing; Madiasa Ablisar; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The penal system adopted by Indonesia is regulated in the act invite N0.12 of 1995, this is implementation of imprisonment, which is a philosophical juridical changes of the prison system into a system. The system of increation emphasizes the element revenge and deterrence are gradually seen as something  systems and facilities that are not in line with the concept of rehabilitation and social reintegration and constitutes absorption and an inseparable part of values  contained in Pancasila and the 1945 constitution, from the result of the study showed that arrangement of training programs for prisoners in class IIA Pematangsiantar. Participants in the construction program are under construction personality and independence in the implementation has not been implemented optimally caused by several things, namely there is no separation construction of gender, age, type of crime, long sentence up not in accordance with the objectives of coaching, then the quality of human resources, number of construction workers, constructions budgets, and facilities  and facilities nt yet available adequate, for this reason, this is recommended that Pematangsiantar Class IIA penitentiary be recommended  to further enhance human resources for officers I employees the penitentiary with a variety of trainings, as well perform the construction in accordance with the rules in place.   Keywords: penal system, Coaching, inmate
Analisis Hukum Terhadap Tindak Pidana Pertambangan Pasir Yang Dilakukan Secara Ilegal : Studi Putusan Pengadilan Polin Pangaribuan; Muhammad Hamdan; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Law No. 9 of 2009 on Mining it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those who violate them. Looking at the titles and topics of the research, the discussion of criminal provisions only focuses on illegal sand mining practices mentioned in Article 158 and Article 161 of Law No. 4 of 2009 on Mining. The subject matter of the study is Legal Provision on illegal sand mining. How the judge judges judgment of illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Verdict number: 92 /Pid.Sus/2012/PN.Kdi). Types of research normative legal research, the nature of the research is descriptive, evaluative, prescriptive, Legal data source data obtained from library research, assisted with the Judgment Study Court, Legal provisions on unlicensed sand mining are provided in Article 158 and Article 161, it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those violating them. Judge's consideration in deciding illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Decision number: 92 / Pid.Sus / 2012 / PN.Kdi) is based on legal facts, testimony of witnesses, statements of defendants, evidence, matters that lighten and incriminate the defendant.   Keywords: crime, sand mining, illegally
Penegakan Hukum Terhadap Penyedia Narkotika Magic Mushroom : Studi Kasus Putusan Nomor 758 / Pid.Sus / 2016 / PN. Dps) Aldi Pramana; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
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Abstract. Narcotics are one type of hazardous substance for humans. In its development narcotics are found which are sometimes unknown to the public. Like Magic mushroom, a type of fungus that grows in animal waste.Mushroom Magic Mushroom is not a type of fungus that we usually eat but mushrooms that can cause hallucinations and if consumed will make the user always happy or euphoric and can experience excessive sadness. In detail Magic Mushroom has the Latin name Panaeoluscyanescens also called cow dung mushroom or wong necklace or sacred mushroom, which grows on top of livestock manure in the form of toadstools that have flat oval spores and sporogonium tapered tips and white and will turn to ash gray to dark brown. In this case the author is interested in researching how the legal arrangements regarding narcotics Magic Mushroom and how the court considers in deciding the Magic Mushroom Narcotics Provider. This research method is legal research (legal research), to find the truth of coherence. This type of research is normative research. with a literature study of primary, secondary and tertiary legal materials. Based on the research that legal mushroom narcotics law regulation is found in the Law of the Republic of Indonesia Number 8 of 1996 concerning Ratification of Convention On Psychotropic Substances 1971 (Psychotropic Convention 1971). And Law Number 35 of 2009 concerning Narcotics. In addition, consideration of the court in deciding the Magic Mushroom Narcotics Provider or mushroom PanaeolucsyAnescens as Narcotics in Decision Number 758 / Pid.Sus / 2016 / PN Dps On behalf of the Defendant: KetutWinartha Researcher Disagrees with the Panel of Judges this is due to lack of legal certainty regarding magic The mushroom in the annex of Law No.35 of 2009 concerning Narcotics and judges also decides in doubt that the principle of dubio pro reo should apply rather than multi-interpretation.   Keywords: drugs, magic mushroom, psychotropic
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)
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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 Hukum Terhadap Keadilan Secara Musyawarah Mufakat Dalam Penyelesaian Perkara Pidana di Tingkat Kepolisian : Studi Surat Edaran Kapolri Nomor : SE/8/VIi/2018 Nelson Syah Habibi S.; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 6 (2019)
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Abstract. Law enforcement systems and methods in Indonesia show that there is a development in community justice by Restorative Justice that reflects justice as a balance of human life, so that deviant behavior from criminals is considered as an act that eliminates balance, the model of case settlement is an effort to restore that balance. Kapolri as the head of the Indonesian National Police then issues Circular Number: 8/VII/2018 concerning Restorative Justice in the Settlement of Criminal Cases, with hope to accommodate the values ​​of justice in society. The position of the Circular is a policy regulation or instructions to members of the National Police based on Law Number 2 of 2002 concerning the Indonesian National Police, it’s not part from the Legislative context that can bind the public, but manifestations of the Police's efforts in overcoming criminal acts and are expected to fulfill a sense of justice among the community by obtaining satisfactory agreement according to their wishes win-win solutions. The implementation process is at the Police level with the achievement of a peace agreement between the victim and the suspect, ending with the issuance of an order to terminate the Investigation with the reason that Restorative justice is signed by the supervisor's investigator. The criminal case that is settled in a case resolved through diversion based on the SPPA Law or case which is a complaint offense will be completed and has legal certainty, but the case with a general offense still has the opportunity to continue if the victim feels dissatisfied. The results of peace will be a consideration of the judge in giving his decision.   Keywords : restorative justice, criminals case settlement, policy regulation
Penerapan Pengakuan Bersalah Terdakwa sebagai Justice Collaborator dalam Sistem Peradilan Pidana Indonesia : Studi Putusan Pengadilan Negeri Pekanbaru Nomor 683/Pid.Sus/2016/PN Pbr. Rizky Novia Karolina; Ediwarman Ediwarman; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 6 (2019)
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Abstract. Defendant’s testimony as evidence has been known in the Indonesian criminal justice since HIR was in effect which was regulated in Article 307 HIR. After the KUHAP was promulgated, it was changed to defendant’s testimony which only states that he has committed a criminal act as it is being sued while in the evidence it has a broader scope which includes his testimony and denial.The implementation of defendant’s pleading guilty as justice collaborator is found in the Verdict No.683/Pid.Sus/2016/PN.Pbr in which the defendant is legally proven guilty of committing criminal act in drug abuse. On his pleading guilty, he is appointed as a justice collaborator, and the police develop the investigation until the real perpetrator.The reform of the criminal justice system in Indonesia in the RUUKUHAP accommodates defendant’s pleading guilty through Special Lane of the Plea Bargaining System which is relevant to Special System in Article 199RUUKUHAP in which a defendant pleads guilty of his illegal act with the sanction of less than 7 year-imprisonment, the public prosecutor can turn over the case to a brief interrogation and can simplify the long process of criminal justice in order to realize the principle of simple, quick, and inexpensive Administration of Justice. Keywords: pleading guilty, justice collaborator, plea bargaining
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Manipulasi Informasi Elektronik Dalam Transaksi Transportasi Online : Studi Putusan Nomor 143/Pid.B/2018/PN. Lmg Barry Sugiarto; Ediwarman Ediwarman; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 7, No 6 (2019)
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  Abstract. Existing online transportation services namely online taxis and online motorcycle taxis where online transportation uses smartphone technology to connect consumers with available drivers near the consumer's position, with the existence of this online transportation business not only benefits consumers but also benefits drivers, but the benefits the driver has resulted in many people registering as online transportation partners, this makes high competition between online transportation drivers. The high competition among drivers makes some drivers try to justify various ways to overcome the competition in order to continue to benefit where some drivers do is to do illegal access, which is the activity of manipulating or hacking the work system of online-based transportation applications to reap profits without having to deliver passengers so that they still get incentives from the online transportation company.  The issues raised in this study, namely how the regulation of criminal law against the criminal acts of manipulation of electronic information in online transportation transactions, criminal liability for the perpetrators of the manipulation of electronic information in online transportation transactions based on Lamongan District Court Decree Number 143/Pid.B/2018/PN.Lmg, and law enforcement efforts against the crime of manipulation of electronic information in online transportation transactions, especially in the Decision of the Lamongan District Court Number 143/Pid.B/2018/PN.Lmg. To find answers to these problems, this research uses descriptive analytical normative legal research, in which normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. Keywords: criminal liability, manipulation, information, electronic data.
Urgensi Penambahan Kewenangan Profesi Pengamanan Polri Terhadap Penanganan Personil Polri Sebagai Pelaku Tindak Pidana Iman Azahari Ginting; Syafruddin Kalo; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. Divpropam was given the authority to deal with the issue of police members who commit criminal acts, if the case is already in question. The Divpropam handlers against the police who commit the crime are limited to the initial examination in accordance with article 5 letter (d) Item (2) Regulation of the Head of the Republic of Indonesia No. 14 Year 2011 concerning profession Ethics Code Indonesian national Police. The research methods used in this research are descriptive analytical, data analysis used in the legal materials in this research will be conducted in a qualitative and comprehensive analytical to primary data and Secondary, this type of research is normative legal research, the collection of data used in this research is covering the literature research (Library Research). In addition to completing secondary data, it is also supported with primary data. Enforcement arrangements against police members who commit a discipline offence are governed by the Government regulation No. 2 year 2003 on disciplinary regulations for police members. Enforcement arrangements against police members who commit violations of the code are set in Law No. 2 of 2002 about the National Police of the Republic of Indonesia which mandated the setting of the Indonesian National Police Profession Code of ethics . The setting of enforcement of police members who commit criminal acts is governed by the legislation in which the police members commit criminal acts. The report or complaint can be done through the function of Reserse and the traffic to handle and examine the alleged police members who have committed a criminal offence, in which case the propam can handle the process after having a permanent law or Through a court ruling. Special code of conduct violations that have to do with criminal acts then for him will be processed in advance in the trial because a police member is heard in the commission of the Code after the Criminal act He did get a permanent law  is stipulated in the Perkap No. 14 year 2011 about the profession of the National Code of Ethics and Perkap No. 19 year 2012 on the organizational arrangement and governance of the Police Code of Ethics Commission of the Republic of Indonesia. Institutional technical for police members. Propam can only perform the next process when the criminal case committed by the police members has been completed the legal and permanent law (fixed legal force) in order to conduct the process of checking the police profession code of ethics in accordance by Perkap No. 14 year 2011 about the code of ethics of the Indonesian professional police and Perkap No. 19 year 2012 on the organizational structure and governance of the National Police Code of Ethics Commission of the Republic of Indonesia.   Keywords:  additional authority, PROPAM, criminal offence
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