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Suhaidi Suhaidi
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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ANALISIS HUKUM TERHADAP KEWAJIBAN SERTIFIKASI ISPO (INDONESIAN SUSTAINABLE PALM OIL) DALAM KAITANNYA DENGAN PERTUMBUHAN INVESTASI DI INDONESIA (STUDI PADA PT REA KALTIM PLANTATION – JAKARTA) Mutiara Panjaitan; Alvi Syahrin; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Both Indonesian Sustainable Palm Oil (ISPO) and the Roundtable on Sustainable Palm Oil (RSPO) are equally defined as a palm oil certification system that adheres to the principles of sustainable and environmentally growth for all plantation company. RSPO certification is a voluntary that differs from the ISPO which is compulsory (mandatory). ISPO obligations arises from the enactment of the Minister of Agriculture No. 19/Permentan/OT.140/3/2011 Guidelines on Sustainable Palm Oil Indonesia. For PT Rea Kaltim Plantation, as an RSPO certified and has obtained another sustainable and environmental certification, the obligation to implement ISPO regulation become the polemic since such regulation will obligated PT Rea Kaltim Plantation neither from the financial nor for the government aspect. Eventually, the status of the ISPO should be analyzed, since there is an argument that ISPO has no legal binding/legal force, meanwhile, according to the Agriculture Ministry which stated that the ISPO regulation is binding and has legal force, therefore, every Indonesian palm oil companies should become  the subject to such requirement.  ISPO legislation is binding by law because under the Article 8, paragraph (2) of Law No. 12 2011, states that the rules can be established by such authority. ISPO requirement is established by the duties and authority of the Ministry of Agriculture and therefore this requirement has any legal binding/legal force that set up for it. The higher legislation, equal to the Presidential Decree should be released in ordered to established ISPO requirement; the failure of the Government in promoting ISPO certification must be addressed; In addition of oversight the regulation of ISPO, the Indonesian oil palm companies should remained firm and commit in applying ISPO certification and. Keywords      : Roundtable on Sustainable Palm Oil (RSPO), Indonesian Sustainable Palm Oil (ISPO) Regulation, and Legal Position ISPO Regulation
PRINSIP KETERBUKAAN SEBAGAI PERLINDUNGAN INVESTOR DALAM TRANSAKSI LUAR BURSA (OVER THE COUNTER) SEBAGAI TRANSAKSI DALAM PASAR MODAL INDONESIA Meisy Kartika Putri Sianturi; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Bapepam Rule Number: III.A.10 on securities transactions issued in 1997, among other terms governing the transaction outside the stock exchange, the inter-company transactions between the company's securities or securities with other parties that are not regulated by the stock exchange, and transactions between persons who are not corporate securities. This study aims at finding out 1). How arrangements and transactions practice OTC (over the counter) in the Indonesian capital market 2). How does the principle of openness as an investor in a transaction protection OTC (over the counter) in the Indonesian capital market 3). What forms of fraud that occurred in the transaction counter (over the counter) and the urgency of forming regulations that accommodate OTC transactions investor protection. It was found out that 1). Bapepam Regulation No.III. No.A. 10 of the Securities Transaction no offensive presence OTC transactions (over the counter) but not a complete set of the transactions OTC (over the counter). 2). This could lead to legal uncertainty in practice-counter transactions (over the counter) and less protection for investors who transact OTC (over the counter). Unlike the practice of OTC transactions in foreign countries such as the United States, Hong Kong and Singapore where the transaction OTC (over the counter) specifically stipulated in a separate regulation. The absence of special arrangements for OTC transactions (over the counter) in the Indonesian capital market led to the lack of transparency as a principle of regulation in particular the protection of investors in the transaction OTC (over the counter). 3). Instances of corruption that occurred in transactions outside the stock exchange is the inaccurate information that issuers of securities companies more concerned with function brokerage fee without losing the security aspect, which is often distorted information data and value securities issuers. Keywords: Transactions, Over the Counter, Disclosure Principles, Investor Protection, Indonesian Capital Market
PERAN POLRI DALAM MENGEMBANGKAN KERJASAMA INTERNASIONAL GUNA PENANGGULANGAN KEJAHATAN NARKOTIKA YANG TERORGANISIR Andi Rian Djajadi; Suhaidi Suhaidi; Mahmul Siregar; Muhammad Hamdan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The crime of drug abuse and drug trafficking not only become the problem of  certain country but also become inter-states and international matter. It has wide organizational network so police need to handle it by performing multilateral, bilateral and regional coopertaion. Obviously, international cooperation which exist today is still oriented to routine annual meetings among the Asian countries, concerning international crime (SOMTC) or cooperation among the police in bilateral, regional and international level (ASEANAPOL, INTERPOL etc), with the target of mission cooperation in combating international crime as a whole, without specifically talks about the issues of international narcotics crime and it syndicates technically and how to handle it. International instrument in combating organized narcotics crime is by international convention which is ratified in the national law and in the bilateral and regional regulations. The role of the police in developing international cooperation is by taking proactive measures in its dandling, but in its implementation faces some obstacles such as the cooperation is only about on agreement, and mutual assistance is done without intensifying operational cooperation. This is because of the lack of the willingness of the state that is requested to help does not handle the perpetrators. The problem is that there is no technical formula among the nations in combating the perpetrators who are accused of commiting narcotics crime so that there is no task force action from the police of each nation. Besides that, there is no cooperation among the nations concerning the tracing and the confiscation of the assets of the organized narcotics crime perpetrators among the nations. The attempt to develop intensive cooperation should involve all nations.
KOORDINASI PADA PROSES PENYIDIKAN ORANG ASING YANG MELAKUKAN TINDAK PIDANA KEIMIGRASIAN BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN PADA KANTOR IMIGRASI KELAS I SEMARANG Aldi Subartono; Suhaidi Suhaidi; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRAK Law No. 6 of 2011, include the presence of civil servant investigators, which is provided for in Article 105, which confirms that immigration investigators are authorized as a criminal offense Immigration investigators conducted in accordance with the provisions of this Act. Meanwhile, in Article 107 it is explained that in conducting an investigation, criminal offense Immigration investigators must coordinate with Indonesian police officer  to prevent misleading in the investigation.  Investigation process to Foreigners by Law No. 6 of 2011 on Immigration in accordance with Article 105 where investigators Immigration is authorized as a criminal offense Immigration investigators. Semarang First class Immigration Office investigators in 2013 has been investigating 9 immigration and criminal cases. They have sent 3 cases to the public prosecutor in the State Attorney Semarang.  The Coordination between first class Immigration Office investigators and Korwas PPNS Central Java Police’s special criminal unit doesn’t went according to the present law. This condition is caused by Semarang first Class Immigration Office investigators did not give written notice of the commencement and the result of the investigation and to provide a copy of the case to Korwas PPNS. Keywords : Coordination, Immigration Crime, Investigation
MONEY LAUNDERING WITH DRUGS PREDICATE CRIME STUDY OF COURT DECISION NO. 1243/PID.B/2012/PN.MDN. DATED 08 OCTOBER 2012 Astri Heiza Mellisa; Bismar Nasution; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Criminal sanction contained in Article 137 paragraph b. Act No. 35 of 2009 on Narcotics and Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010 on the Eradiction and Prevention of Money Laundering, especially regarding imprisonment there are differences regarding liability, there is a lighter sentences in Article 137 paragraph b. Act No. 35 of 2009 that is at least 3 year and maximum 10 years in prison, while Article 3 Jo. Article 2 (1) of Act No. 8 of 2010, the criminal prison at most 20 years. Similarly, the sanctions imposed penalties, the Narcotics Act least Rp. 500.000.000,- (Five Hundred Million Rupiahs) and at most Rp. 5.000.000.000,- (Five Billion Rupiahs), while in the Anti Money Laundering Act a fine of Rp. 10.000.000.000,- (Ten Billion Rupiahs). On the one side, the Narcotics Act and Anti Money Laundering Act serves to combat criminal narcotics, but, on the other side, the Narcotics Act and Anti Money Laundering Act can use to lighter legal provisions to prosecute offenders. The problems that stand out in this study is how the reasoning of judges at first instance and appeal against money laundering predicate offenses with a crime associated with the narcotics Court Decision No. 1243/Pid.B/2o12/PN.Mdn., dated October 8th, 2012 that criminalized by Article 137 paragraph b. Act No. 35 of 2009, when according to the fact that unfold before trial, the accused can be punished with the provisions of Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010. After doing some research, the conclusion found that the more specific provisions of law applicable when the legislators did intend to enforce the criminal provisions as a condition of a special nature. Associated with the court’s rulling, the judge has the right and correct in applying the law as lex specialis principle requires that law enforcement systematic use of more specific rules, such as Act No. 35 of 2009 about Narcotics.
KEBIJAKAN FORMULASI SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI Megawati Megawati; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Policy formulation is a criminal sanction in formulating policies and establish criminal sanctions against the perpetrators of corruption. Legislation combating corruption establish criminal sanctions against offenders by determining the minimum criminal sanctions specifically, a higher penalty, and a sentence of death which is a criminal weighting and includes imprisonment for perpetrators of corruption. In the application of criminal sanctions against the perpetrators of corruption can be seen based on the formulation of the offense in article 2 and article 3, where the criminal sanctions imposed on the perpetrators of corruption, especially in some of the Medan District Court decisions are imprisonment, criminal penalties, and criminal confinement. Key words : criminal, sanction, corruption
TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA PENGEMBANG PERUMAHAN DAN KAWASAN PERMUKIMAN DALAM PENYEDIAAN PRASARANA, SARANA DAN UTILITAS UMUM BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN Nurpanca Sitorus; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT As a housing developer who is responsible for carrying out the construction of the PSU is not free from criminal responsibility if negligent or intentionally does not perform its obligations. Criminal offenses committed by the Real Estate Developer in the provision of infrastructure, facilities, and public utilities in the development of housing and residential areas under Law No. 1 of 2011 on Housing and Settlement Zone, namely mengalihfungsikan infrastructure, facilities, and public utilities outside the function, sell units settlements, before finishing the status of land rights or Lisiba residential environment first, develop the housing, which does not build housing in accordance with the criteria, specifications, requirements, infrastructure, facilities, and public utilities agreed, build housing and / or settlements outside the region specifically earmarked for housing and settlements, build housing, and / or settlements in place that could potentially pose a danger to people or goods Keywords: Crime, Criminal Responsibility, Real Estate Developer and Settlement Regions.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (Studi Beberapa Putusan Pengadilan Negeri di Indonesia) Perdana Eliakhim Manalu; Suhaidi Suhaidi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal sanctions against the perpetrators of acts of trafficking in persons has been regulated in law No. 21 of 2007 about the eradication of trafficking in persons. The disparity of the overthrow of the criminal are basically starting from the sanctions contained in Act No. 21 of 2007 about the eradication of trafficking in persons which opened opportunities due to the minimum and maximum limits of awarding the penalty. The application of criminal sanctions against the perpetrators of acts of trafficking in persons based on some of the verdicts in Indonesia are based on factors that unfold in the first trial, the public prosecutor's Indictment, the two witnesses, the third the fourth accused, details wares fifth and evidence based on clauses in the legislation. Legal measures to prevent trafficking in persons, namely: the first Step to prevention, awareness-raising on the rights, the danger of sexual exploitation or trick used by traffickers. Secondly, the Measures of protection which provides protection to the victim by means of an increase in the legal network, those steps running effective if various forms of guarantee and legal mechanisms in force. Third, step up rehabilitation/restoration of the post-rescue victims from addressing the crime of trafficking, especially victims who have experienced a bad psychological impact of trauma psychology, such as fear and anxiety, prolonged low confidence, guilt.
DISPARITAS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA Devy Iryanthy Hasibuan; Syafruddin Kalo; Suhaidi Suhaidi; Madiasar Ablisar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT     Conditions of punishment against the perpetrators of the crime of narcotics in general practice caused the disparity in the imposition of criminal punishment against narcotics. some narcotics criminal cases that have been Composed by a criminal court judge, a criminal cause disparities among different judges in deciding cases against the same. In addition to disparities that occur in sentences by fellow judges, the disparity also occurs between the the imposition of criminal  prosecution.  Concluded, first, punishment against perpetrators of narcotics under Law No. 35 of 2009 on Narcotics in the court ruling could potentially lead to disparities in the criminal because the interval between the minimum criminal penalty provisions and open wide maximum criminal. Second, the factors that cause the disparity in the criminal narcotic crime, among others, is no operation of the SPP elements as   appropriate, differences in philosophy espoused by each judge is different, the absence of sentencing guidelines for judges in imposing a criminal, an independent judiciary, and uncontrolled  disparities in the criminal cases narcotic crime can be done in the most effective way is to establish a sentencing guidelines. Keywords : Disparities Punishment, Narcotics, and Sentencing Guideliner
PENERAPAN PERIZINAN TERPADU DALAM PENERBITAN IZIN LINGKUNGAN DI PROVINSI SUMATERA UTARA (Studi: Izin Lingkungan PT. Arah Environmental) Radinal Panggabean; Suhaidi Suhaidi; Syamsul Arifin; Pendastaren Tarigan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Environmental protection and management need an integrated system to be developed. This system is a national policy in environmental protection and management which has to be done consistently and consequently from the central government to local government in permits. North Sumatera Provincial Administration has the Integrated Permit Service Board which one of its authorities is issuing environment permit as the requirement to get business/activity license which is regulated based on the prevailing rules. PT. Arah Environmental is a company which operates in the field of hospital medical waste gathering. Before it gets its business license, it has to complete environment permit first. The latter is issued, based on environmental feasibility and recommendation from UKL-UPL which is used as the instrument for planning preventive action against environmental pollution and damage which has possibly been caused by business/activity. It could be concluded that coordination among regional government agencies was needed. Even though integrated permit is considered a good system, it does not guarantee its implementation of forestalling environmental pollution and damage as the result of business or activity implementation.   Keywords:      Integrated Permits, Integrated Permit Service Board, Environment Permit
Co-Authors Ade Yuliany Siahaan Adhy Iswara Sinaga Agusmidah Agusmidah Aldi Subartono Ali Ibsan Jaya Ali Umar Harahap Alvi Syahrin Alvi Syahrin Andi Rian Djajadi Andini Pratiwi Siregar Andryan Andryan Aras Firdaus Armia Pahmi Arpan Carles Pandiangan Astri Heiza Mellisa Bagus Firman Wibowo Bismar Nasution Chairiyah Ella Sari Siregar Dedi Harianto Des Boy Rahmat Eli Zega Devy Iryanthy Hasibuan DewiMaya Benadicta Barus Dita Kartika Sari Hasibuan Donny Alexander Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Yunara Eka Husnul Hidayati Elmas Dwi Ainsyiyah Eric Tanaka Eryco Syanli Putra Faisal Akbar Nasution Faisal Rahmat Husein Simatupang Fidelis Haposan Silalahi Gusmarani, Rica Hade Brata Hariyatmoko Hariyatmoko Hasan Basri Hasim Purba Herman Brahmana Indra Kurniawan Nasution Indra Sakti Irwan Charles Sitompul Jelly Leviza Jennifer Jennifer Jhon Tyson Pelawi Johannes Pasaribu John Bert Christian Jonathan Hasudungan Hasibuan Judika Atma Togi Manik Juliyani Juliyani Junandar Indra Tongam Panggabean Jusmadi Sikumbang Keizerina Devi Azwar Kristina Sitanggang Lisa Andriansyah Rizal Ludy Himawan Madiasa Ablisar Madiasar Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marlina, Marlina Marthin Fransisco Manihuruk Megawati Megawati Meilisa Bangun Meisy Kartika Putri Sianturi Mhd. Nur Arrahman Nasution Mirza Nasution Muhammad Ekaputra Muhammad Hamdan Muhammad Reza Azhar Muhammad Ryan Rainaldi Mutiara Panjaitan Nurpanca Sitorus Pendastaren Tarigan Perdana Eliakhim Manalu Putri Nesia Dahlius Rabithah Nazran Radinal Panggabean Rambe, Ivana Novrinda Ramses Purba Rani Angela Gea Ricky T. A Pasaribu Rizki Alisyahbana Ronald F. C. Sipayung Ruben Tambunan Runtung Runtung Salman Paris Harahap Sari Rezeki Indra Saryo Saryo Solly Aryza Sonya Airini Batubara Sriayu Aritha Panggabean Stevani Phinta Silaban Suandi Fernando Pasaribu Sugirhot Marbun Sunarmi, Sunarmi Surya Sofyan Hadi Sutiarnoto Sutiarnoto Syafruddin Kalo Syafruddin Sulung Hasibuan Syafrudin Kallo Syahrul Sitorus Syamsul Arifin Tan Kamello Tan Kamelo Taufik Hidayat Lubis Tito Travolta Hutauruk Tri Kurniawan Utari Maharany Barus Utary Maharani Barus Warhan Wirasto Wilson Bugner Pasaribu Wina Wina