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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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PERAN POLRI DALAM PENANGGULANGAN PREMANISME UNTUK MENGAMANKAN PROGRAM PRIORITAS NASIONAL DI PELABUHAN (STUDI DI POLRES PELABUHAN BELAWAN) Tito Travolta Hutauruk; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The thuggery handling conducted by the Police to support the National priority program at Pelabuhan is done by penal approach that is oriented to the act of cleaning and eradicating thuggery as it has been formulated in the program of wins ProMoTer Kapolri and Commander Wish Head of North Sumatra Regional Police. Another approach is a non-penal approach that is more oriented to preventive actions from potential startup to disturbance threshold, such as conducting activities oriented to problem-oriented policing and strengthening synergy. In addition, the role of the National Police in the handling of thuggery is expected not as a tool of ruling but as an institution that upholds human rights by no longer putting forward violence, more to approach system thinking, knowledge, skill and atitude through soft reform Skil. This is the basic framework of the Police professionalism. In the case of the Police, especially the Belawan Port Resort Police has not been optimal in the handling of thuggery, it certainly has implications for the cleaning program of thuggery as outlined in the policy and strategy of North Sumatra Regional Police and regional development. KeyWords : Role of Police, Thugs, National Priority Program at Port.
PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 7/Pid/Sus-Anak/2015/PN. Kabanjahe) Hade Brata; Madiasa Ablisar; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Against children who do the criminal act would have done legal action or legal proceedings, which in the legal action, which is still more kids on the protection of the rights of the child in each level of the check, where it is based because within a child's inherent dignity, dignity, and rights of the child as befits a man should uphold high. In this research are discussed regarding criminal liability against committing criminal assassination plan, where judges decide the matter a criminal act planned to murder committed by children by giving a verdict in the form of imprisonment, of course it is interesting to be discussed and done research on it. Keywords: Criminal Liability, Children, Murder Plan
PERTANGGUNGJAWABAN PIDANA ANAK DIBAWAH UMUR SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi Putusan Pengadilan Nomor 366/Pid/Sus-Anak/2014/PN. Pdg) Eryco Syanli Putra; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Differing views of judges in giving legal for children the doers also be the basis of punishment is given or not given to children the doers. In fact, over the many decisions of the judges are more inclined to give a prison sentence than provide rehabilitation or other penalties for child offenders narcotic crime. This fact is very unfortunate given the children who are still growing and need the attention of all parties, favors given physical punishment of the child's psyche recover from the addiction and drug dependence. Issues raised in this study, namely how the rule of law against children as a criminal narcotics, forms of legal protection provided to the child offender narcotics, and criminal liability of children criminal narcotics Court Decision No. 366 /Pid/ Sus-Kids/2014/PN. Pdg. To find answers to these problems, this study used types of normative legal research is a descriptive analysis, which the normative legal research using secondary data as the main data with munggunakan techniques of data collection is done by means of a literature study (library reseacrh), as well as data analysis method qualitative data analysis. The data analysis is meant by an idea, facts obtained will be analyzed carefully to address the problem   Keywords: Criminal Liability, Children, Crime, Narcotics.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS JASA PELAYANAN KONSUMEN PADA PDAM TIRTANADI CABANG SUNGGAL - MEDAN Andini Pratiwi Siregar; Tan Kamelo; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   One of the common services that are profitable is Drinking of Water Company (PDAM/PAM) despite the profit,the company taps country like it is advantageous people.The goalwas focused more on the bussiness prosperty of the people,this has been done considering the importance  of drinking water for human life.It is enshrined in the provisions of Article 33 paragraph (3) of the 1945 Constitution which reads,earth and water and natural resources contained in it are comtrolled by the state and used for the people’s welfare. The result  of research and discussion describes setting up the legal relationship between consumers and service user of drinking water by the Regional Water Company Tirtanadi Sunggal Medan Branch outlined in the agreement in the form standard agreements or standards.The agreement contains the identify of the parties,the rights and obligations of both parties,Prohibition and sanctions given to constumers,termination and dispute resolution.PDAM legal accountability Tirtanadi Sunggal Medan Branch related to violation of consumer rights of service user of drinking water is responsibility of the rise in civil case of default or tort where taps can be subjek to payment of compensation.In addition to the civil responsibility taps are also subjeck criminal liability if the breach consumers rights was indetified as a criminal act.Form of consumer legal protection of drinking  water service user in case of violation of consumer right so consumers can be use the provision stipulated in Law No .8 of 1999 on the protection of the lawsuit .While law suit to bussiness that taps cam be charged through a civil ,criminal and administrative state.   Key word: Accountabiility Law,Consumer ,Service
KAJIAN EUTHANASIA PASIF DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Judika Atma Togi Manik; Mahmud Mulyadi; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Euthanasia is a debate among lawyers, medical experts and theologians in which euthanasia is an act of facilitating the death of a person deliberately without feeling the pain of affection with the aim of alleviating the suffering of the sick, until now there has been no clarity about the punishment that really exist In the criminal law in Indonesia but there are articles that can be used as guidance in determining the law for passive euthanasia actors namely articles 304, 306, 338, 344 and 359 of the Criminal Code and the practice of passive euthanasia is very contrary to human rights in Indonesia for violating the right of life Patients who want to get a cure from the disease even though the disease is medically can not be cured. Based on the results of this study it can be concluded that passive euthanasia in criminal law in Indonesia can be categorized as crime under article 304, 306, 338, 344, and 359 of the Criminal Code. Who can be sentenced to 7 years and 12 years the longest. Although in it does not directly refer to passive euthanasia, but at least that article can be used as a reference or guidance on the enactment of criminal sanctions for passive euthanasia actors.   Key words : Euthanasia, Criminal Law
ANALISIS YURIDIS ATAS TUGAS DAN FUNGSI OTORITAS JASA KEUANGAN DALAM MELINDUNGI KONSUMEN JASA KEUANGAN Saryo Saryo; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Otoritas Jasa Keuangan (OJK) founded in accordance with the Undang-Undang No.21 Tahun 2011 tentang Otoritas Jasa Keuangan having task and function to regulate and control of finance institution as well as provide protection for consumer. The consumer protection given by OJK is aimed at creating a reliable consumer protection, increasing consumer empowerment, as well as raising awareness of financial service provider on the importance of consumer protection so that it increases people’s trust in financial service sector. The research problems are as folows: How the law in Indonesia regulates duties, functions, and authorities of the OJK in providing protection to consumer? How the consumer protection system in the financial services thar has been established and implemented by OJK? How is the implementation of the consumer protection system in the financial services by OJK? The results of the research showed, it is revealed that in addition to its function to regulate and control finance institution, it also protects consumer. OJK has established system of consumer protection which is integrated and supported with satisfactory and traceable feature of consumer service for complaining about financial service provider and consumer that is Financial Customer Care (FCC). Consumer protection provided by OJK consists of preventive consumer protection aimed at prevent consumer loss and repressively. Preventive consumer protection includes providing information and education for people, preparing sets of consumer protection, complaint services, market conduct regulation and other regulation conducted to prevent consumer and people loss potentials. Increase of consumer protection effectiveness provided by OJK should keep being maintained both from structure and law substance by considering condition of law tradition of financial service consumer and people so that consumer protection can be achieved as what expected.   Keywords: Consumer Protection, Financial Service Authority, OJK.
PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG MELALUI MITIGASI RISIKO PADA BANK MUAMALAT CABANG MEDAN BALAIKOTA Lisa Andriansyah Rizal; Sunarmi Sunarmi; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Risk mitigation is a form of systematic methodology used by senior management in order to reduce organizational risk. the banking industry is an industry that cannot be avoided from risk, therefore the implementation of risk management is very important in order to provide smooth business of the bank itself. There are several risks in the banking industry, which are credit, market, liquidity, operational, legal, reputation, strategic and compliance risks. Risk mitigation to prevent money laundering in Muamalat Bank branch of Medan Balai Kota is done by supervision in special work unit, applying know your costumer, verification and monitoring. Keywords : Risk mitigation, money laundering
ANALISIS HUKUM PENERAPAN ASESMEN TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA PADA KEPOLISIAN REPUBLIK INDONESIA Wilson Bugner Pasaribu; Syafruddin Kalo; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Police involvement in the assessment team is an important part in the handling of narcotic addicts because in Law no. 35 Year 2009 on Narcotics including the investigators other than BNN. Although in Law no. 35 of 2009 on Narcotics BNN's portion of authority for narcotic crime is greater than that of the police. Therefore, it is necessary to review the assessment of assessment in rehabilitating victims of narcotics abuse. Obligation of rehabilitation against narcotics abuse. Implementation of the assessment of victims of narcotics abuse in the Police of the Republic of Indonesia.   Keywords: Assessment, Narcotics And Addicts Crime
ANALISIS PUTUSAN TINGKAT KASASI TERHADAP PUTUSAN PENGADILAN YANG MEMBEBASKAN PELAKU TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PENYELENGGARA NEGARA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR : 236 K/PID.SUS/2014). Ricky T. A Pasaribu; Muhammad Hamdan; Edi Yunara; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Debate about corruption will never end. This phenomenon is very interesting to be analyzed, let alone,in this current condition there is an indication which reflects people’s distrust in the government. The demand for clean governmentis increasing, followed by the previous economic crisis. The research problems were how about the type of corruption criminal actcommitted by government officials in the abuse of authority, how about judge’s considerationin the Medan District Court’s Ruling No. 51/Pid.Sus.K/2013/PN.Mdn, and how about the analysis on Judge’s Decision in the Higher Court on acquittal in corruption criminal act in the abuse of authority committed by Government Officials (A Case Study on the Supreme Court’s No. 236K/Pid.Sus/2014). The research used juridical normative and descriptive analytic method by using primary, secondary, and tertiary legal materials with qualitative analysis. The result of the research was related to three types of corruption offense committed by government officials such as bribery, embezzlement, fraud, extortion, and gratification. The judge’s consideration in the Medan District Court’s Ruling in the case No. 51/Pid.Sus.K/2013/PN.Mdn on acquittal for the defendant in that case, there were some errors in the decision of the Panel of Judges. They only heard the witnesses’ and the defendant’s testimonies without considering any legal provisions which regulate that case. It is recommended that the principle of good governance be implemented in all government levels and lines and all actions should be applied.   Keywords : Cassation Appeal, Corruption Criminal Act, Government Officials
ANALISIS HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH PENGEDAR DAN PENGGUNA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Donny Alexander; Suhaidi Suhaidi; Tan Kamello; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Article 1, point 1 of Law No. 35/2000 on Narcotics states that narcotics is substance or drug which comes from plants or non-plants, either synthetic or semi-synthetic. Consuming narcotics can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotics in which there is tug-of-war between health approach and criminal approach so that it is interesting to see the legal position of narcotics users. It is difficult to find out the meaning of the expression, “narcotics user” as a subject (human being) in Law No.35/2009 since it uses many verbs. According to the Indonesian dictionary, the term, “user” is a person who uses something. When it is related to Article 1, point 1 of Law No. 35/2009 on Narcotics, it can be said that narcotics user is a person who uses substance or drug which comes from plants, either synthetic or semi-synthetic which can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotic. The term, “narcotics user” is used to make it easier for people to call a person who uses narcotics and to distinguish it from the grower, producer, distributor, courier, and dealer of narcotics.   Keywords   : Narcotics Abuse, Dealer and User, Law No. 35/2009 on Narcotics
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