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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 YURIDIS PERAN POLRI DALAM PENANGGULANGAN TINDAK PIDANA PEMALSUAN MATA UANG TERKAIT DENGAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Ronald F. C. Sipayung; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of Indonesian Police in coping with the criminal act of counterfeiting currency was  repressively performed through the enforcement of criminal law which is the action of eradication and the same time crushing the crime by the law enforces in criminal justice system. Coping with the crime through repressive action began from the Police Department assigned its members as investigators. Law on currency has formulated the expansion of the investigators activities within the framework of proving such as the investigator has the right/authority to open the access or to check and make copies of the electronic data saved in the computer file, internet networking, optical media, as well as all others forms of electronic data storage. The investigators may seize the evidence from the owner and provider of electronic services. Besides the repressive action, pre emtive and preventive actions are also needed through the socialization and inter-sectoral coordination wuth the holders of authorities in the field of currency.   Key words : Role of Indonesian Police, Criminal Act, Currency Counterfeiting.
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
IMPLEMENTASI PERATURAN MENTERI KELAUTAN DAN PERIKANAN NO. 2/PERMEN-KP/2015 TENTANG LARANGAN PENGGUNAAN ALAT PENANGKAPAN IKAN PUKAT HELA (TRAWLS) DAN PUKAT TARIK (SEINE NETS) TERHADAP USAHA PERIKANAN TANGKAP OLEH NELAYAN DI SIBOLGA Sriayu Aritha Panggabean; Suhaidi Suhaidi; Jelly Leviza; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In accordance with the mandate of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets that the use of fishing gear trawls and seine nets in Regional Fisheries Management of the Republic of Indonesia has resulting in declining fish resources and threatening environmental sustainability of fish resources, but the implementation of the ministerial decree raises the pros and cons among fishermen in Indonesia, especially in Sibolga City. Therefore , this thesis seeks to analyze the regulation of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets the trawl fishery business by fishermen in Sibolga with a view of the aspects of the law itself and the destination aspects of the welfare state. Keywords : Fisherman , Business fisheries , Prohibition , Trawls , Seine Nets
ANALISIS HUKUM ATAS PENERAPAN RAHASIA BANK DI INDONESIA TERKAIT DENGAN PERLINDUNGAN DATA NASABAH BERDASARKAN PRINSIP KEPERCAYAAN KEPADA BANK (STUDI PADA PT. BANK CIMB NIAGA Tbk CABANG MEDAN) John Bert Christian; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract Bank secrecy is the concrete form of consumers’ data and deposits protection in which the bank secrecy is the application of the fiduciary principle by the bank. It is seen that the customers give their data and fund to be saved in the bank based on their trust that the bank will provide protection for their data and fund, and without this trust, the customers will not use the banking service. Therefore, banking secrecy keeps existing as long as the bank applies the fiduciary principle, and the fiduciary principle must be equally applied between the interest of  individual  protected based on the fiduciary principle and the public interest for law enforcement. This is reflected through the application of the relative bank secrecy which allows the access to open the bank secrecy. Even though the access to open the bank secrecy is allowed, but as to show how important the fiduciary principle stated in a legal certainty in the protection of customers’ data is, any violation of the bank secrecy will be sentenced either in the forms of imprisonment, fine and/or administrative penalty. The bank secrecy in Indonesia needs a more specific and detailed regulation which is strictly related to whether or not the permission from the Governor of Bank Indonesia is needed. The regulations of Bank Indonesia as the implementing regulations can eliminate the doubt and ambiguity in the application of bank secrecy and the banking is expected to be able to accommodate the provision related to bank secrecy and customers’ data protection through the SOP of respective bank. Keywords: Bank Secrecy, Fiduciary principle, Customers’ Data Protection
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
PENJATUHAN PIDANA BERSYARAT DALAM TINDAK PIDANA LINGKUNGAN HIDUP (STUDI PUTUSAN NO. 319/PID/B/2013/PN.BB) Meilisa Bangun; Alvi Syahrin; Syamsul Arifin; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The implementation of probation does not apply solely on individual legal subject but also on corporate/ business entity as referred to in Verdict No. 319/Pid. B/2013/Pn. BB where the Defendant Lee Jong Hoan a.k.a Mr. Lee which categorized as the person who give order to proceed or the person who acted as the leader of the waste dumping activity to the environmental media without any permit. For the abovementioned action, Lee Jong Hoan a.k.a Mr. Lee is sentenced imprisonment for 10 (ten) months and do not have to undergo the imprisonment unless Lee Jong Hoan a.k.a Mr. Lee re-commit any criminal action before the probation period ends. The probation period applies for 1 (one) year, and sentenced Lee Jong Hoan a.k.a Mr. Lee to pay fine with the amount of IDR 5,000,00 (five million rupiah). The result of this research is that the provision regarding probation is not regulated in the Environmental regulation, but only in the KUHP. The sentence of conditional criminal charge in Verdict No. 319/Pid. B/ 2013/Pn. BB is not suitable because the act that the defendant committed is categorized as crime and the violation of environmental right, the penalty which was given to the defendant should be added to one-third because the defendant was the person who give order  to commit the criminal activity. The sentence of probation in environmental crime should refer to KUHP. Keywords: Probation, Environmental Crime.
PEMIDANAAN TERHADAP OKNUM POLRI YANG MELAKUKAN TINDAK PIDANA ILLEGAL LOGGING Stevani Phinta Silaban; Alvi Syahrin; Suhaidi Suhaidi; Edy Yunara
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Illegal Logging is the act of violation of the law committed by any person or group or legal entities in the field of forestry. The overtrhrow of punishment against the person who did the crime police Illegal Logging should be his punishment in more heavy because according to section 13 of act number 2 of 2002 on State Police of The Republik Indonesia in which one of the tasks of the Police is to enforce the law. By using the methods of normative legal research this research will examine about the overthrow of punishment against the person who did the crime Police Illegal Logging and analyzing how the overthrow of punishment procces in the Labora Sitorus as Polres Raja Ampat members who commit criminal acts of Illegal Logging. The result showed that the overthrow of punishment against the police who did the Illegal Logging in section 78 act No. 41 of 1999 on forestry is said to be given criminal sanctions against any person heavy money unlawful din forestry. The overthrow of punishment against the police whi did the Illegal Logging to him must be given criminal heavy punishment because Labora Sitorus is the Police should not be confused with the penalty of civil society. In accordance with the provisions of book 1 of the Penal Code concerning heavy criminal. Basic consideration fo judges in a Judex Facti da until at the level of the supreme court is getting hard punishment Labora Sitorus into 15 years in prison because he found the wrong aplicationof the law and in consideration of its judges also to heavy the defendant because the defendant is a plurality of the national police.   Keywords : Criminalization, National Police Officers, Criminal Act, Illegal Logging
MISREPRESENTATION DALAM KONTRAK : ANALISIS TERJADINYA PERBEDAAN INFORMASI PADA FASE PRA KONTRAKTUAL DENGAN KONTRAK Indra Sakti; Bismar Nasution; Sunarmi Sunarmi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In misrepresentation, the provisions that manages the boundaries between the presentation of misleading information and fraud with trickery are still very vague. Fraud according to the prevailing laws is deliberately giving false and incorrect information to persuade the opposing parties to approve. An exposure to a substance in the pre-contractual phase due to any misunderstandings in a contract is called a representation. Then, the legal consequences will be issued in the post-contractual phase. From the background, several problems can be formulated i.e. how misrepresentation occurs in a contract at a pre-contractual phase, how the settlement of disputes is made, how legal protections for the parties who have misrepresented a contract are. In order to analyze the problems above, the normative juridical research which refers to the legal norms related with the publication of an agreement at pre-contractual phase that contains misrepresentation is used. Based on the results of research, it was found out that the misrepresentation was caused by the inconsistency between what was presented by the offeror in the pre-contractual phase and what was done and supposed to be received by the offeree in the post-contractual phase, and it should also be notified that what distinguished misrepresentation from fraud was that whether or not there were the elements of persuasion and trickery in the pre-contractual phase and standard contractual. The ways to settle the misrepresentation was that  by making the  adjustments of the will and was agreed by the parties. Therefore, a pre-contractual document has had the power to be carried out and has the binding power that provides the rights and obligations to be obeyed by all parties.  It reflects the good intention to seek a solution to a misrepresentation. The forms of the legal protections for those who experienced misrepresentation as permanently stipulated in Article 1321 and Article 1365 of the Civil Code without ignoring any forms of the provisions stipulated by not ignoring the repressive and preventive legal protections. The parties of the contract are expected to be more careful to understand the traditions and prevailing legal provisions in the Common Law and Civil Law System. In making a contract, it is suggested that the parties engage with a legal advisor and legal drafter since the pre- contractual phase. Appropriately, the principles of caveat vendor and the principle of caveat emptor, be applied. Particularly, there are not any regulations and statutory provisions that regulate this subject yet. Keywords: Misrepresentation, Pre-contractual and Legal Protection
AKIBAT PENGHENTIAN BILATERAL INVESTMENT TREATY (BIT) INDONESIA – BELANDA YANG DILAKUKAN SECARA SEPIHAK OLEH INDONESIA Eka Husnul Hidayati; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Indonesia-Netherlands BIT has been terminated since July 1st, 2015. The intention to terminate has been submitted by Indonesia to the Netherlands on March, 2014. The validity of the termination was questioned by investors, businessmen, and international lawyers, given the ground of the termination undertaken by Indonesian Government was to protect Indonesia’s national interests. The research, which is a descriptive-analytical normative legal research, tends to examine the basic regulations of BIT set under Indonesian and international legal system as well as analyzing the termination undertaken by Indonesia unilaterally from both perspective of Indonesian national law and international law. The research is also describing the consequences arising from the termination. Keywords: bilateral investment treaty, unilateral termination,
UPAYA HUKUM ACTIO PAULIANA DALAM MELINDUNGI KREDITOR ATAS ASET DEBITOR DALAM KEPAILITAN PERSEROAN TERBATAS Ruben Tambunan; Sunarmi Sunarmi; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The legal action of Actio pauliana in the bankruptcy of a limited liability company is the cancellation of a legal act of transferring the company’s assets to a third party by the debtor (in bankcruptcy) where such action is not obliged to do (the existence of bad faith), this harming the creditor as refrred to in Articles 41 to 47 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligation of Debt Payment. The legal action of Actio pauliana is to provide legal protection and legal certainty to the creditors for the repayment of the debts of the debtor. The application for the cancellation of this legal act shall be submitted to the Commercial Court by a designated and appointed curator by a court assigned to conduct the management and/or ordering of property from a bankrupt party. The important thing to be noticed before such petition is submitted to the Comercial Court is to ensure that the ownership of the asset is actually on behalf of the company so that the petition for the cancellation of such legal act is not in vain.   Keywords: Bankrupttcy, Actio pauliana, Limited liability company.
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