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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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HUKUMAN KEBIRI KIMIA (CHEMICAL CASTRATION) UNTUK PELAKU KEKERASAN SEKSUAL PADA ANAK DITINJAU DARI KEBIJAKAN HUKUM PIDANA Kristina Sitanggang; Madiasa Ablisar; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Case of child abuse that committed by the nearest people with the children is a concerned condition. The environment and people around the children should teach, protect, educate and direct them to grow up and develop into a good child. In fact, the immediate environment like parents or family and teacher even become the parties who damage the mental and future of the children throught the unlaws act. This case is a form of human rights violation. It is not only to seize the unsurpation of security and protection but a victim also lose the right to live a physical and spiritual life, the rights to be free from torture or degrading treatment of human dignity and even loss their rights to life. Based on this case, the government conducted a criminal law policy through the provisions of the formulation of issuing government regulation in lieu of Law number 1 of 2016 which was then  agreed by the legislative into the Law number 17 of 2016 which regulates the act of chemical castration for pedophile. Chemical castration is done by inserting antiandrogen chemicals, pills or injections into a person's body to weaken the hormone testosterone. Simply, the chemicals that are inserted into the body will reduce even eliminate libido or sexual desire. Chemical castration actions regulated in the provisions of law number 17 of 2016 is a form of punishment that is not in accordance with the criminal law policy in Indonesia, which criminal law policy in Indonesia is based on the provisions of Pancasila and the 1945 constitution. Chemical castration actions formulated in Article 81 paragraph (7)  can be said is not in accordance with the values of Pancasila especially the first principle, a divinity that is an ultimate unity and the second principle, a just and civilized humanity Keyword : Punishment, Chemical Castration, Criminal Policy
PENERAPAN PERSYARATAN KECUKUPAN DAN KUALIFIKASI DOSEN PADA PROGRAM STUDI DI PERGURUAN TINGGI DI LUAR IBUKOTA PROVINSI (Studi di Kabupaten Toba Samosir dan Tapanuli Utara) Fidelis Haposan Silalahi; Tan Kamello; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Among the standars maintained by the regulation of the Minister of research technology and higher education number 44 year 2015 about the national standars of higher education, there is a standar to give guidance for the qualification and number of lecturers a study program should have in any university in Indonesia as it is written on chapter 27 verse 6, chapter 29 verse 3 and 4.  From the study, it was found that the standar remained the same throughout Indonesia for the number of lecturers which is at minimum 6 persons per program study. Meanwhile, the qualification for the lecturers teaching in Diploma 3 and Diploma 4 programs is any lecturer holding a Master degree or an applied Master degree whose specialty is in line to the study program. However, for the implementation of the regulation of the Minister of research technology and higher education number 44 year 2015 that says every study program must have at least 6 permanent lecturers was still not fulfilled in academicals universities and the lecturers’ qualification was still not met since they were mostly bachelor graduates. Finally, the regulation of the Minister of research technology and higher education number 44 year 2015 cannot be adopted fully in every region because there are some discrepancies in abilities between the universities in capital cities and in urban areas. It is suggested that the regulation of the Minister of research technology and higher education number 44 year 2015 is not totally applied in universities outside capital cities of provinces like the regencies of Toba Samosir and North Tapanuli. It is also necessary to set the time limit for the application of the regulations. It is highly recommended that academicals universities are given time and exception in applying the rules for the lecturers’ adequacy and qualification. Finally, the support from the central and local governments are highly expected to successfully run the programs set by the Minister of research technology and higher education number 44 year 2015.   Key words : lecturer, standar for adequacy and qualification , study program 
ANALISIS YURIDIS TENTANG PEMBELIAN KEMBALI (BUYBACK) SAHAM TANPA PERSETUJUAN RAPAT UMUM PEMEGANG SAHAM (RUPS) (Studi Peraturan OJK Nomor 2/POJK.04/2013 tentang Pembelian Kembali Saham yang Dikeluarkan oleh Emiten atau Perusahaan Publik dalam Kondisi Pasa Chairiyah Ella Sari Siregar; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In recent years, the Indonesian economy has shown difficulties as a result of the global economic crisis marked by declining stock prices of publicly traded companies. In response, The Financial Services Authority (OJK) has re-enacted Rule Number 2 / POJK.04 / 2013 concerning Buyback of Shares Issued by Issuers or Public Companies in Significant Market Fluctuation Conditions. With this regulation, companies whose share prices tend to decline significantly are allowed to buyback without having to hold a GMS in advance. By using the methods of normative legal research, this research will examine how the arrangements are based on the Company Law and the POJK in detail, then how exactly the GMS position is in the Shareholders of the Public Company in UUPT and POJK, and how the legal protections can be provided to the POJK related Public and Investor Company. Therefore requires special regulation as the implementing regulation which accomodated by Rule Number XI.B.2 intended for the holding of buyback when the market condition is normal, and POJK No. 2 / POJK.04 / 2013 which used if the market situation tends to fluctuate significantly as a result of the crisis. Furthermore, the position of the GMS in share buyback corporate action is abolished because the company needs to take efficient measures to make an urgent decision for the company. The abolition of such GMS pursuant to Article 4 of the POJK is replaced with an announcement containing the plan, proforma, methods, and analysis of the company's management regarding the influence of share buyback on business activities and growth of the company. Concerning the concept of legal protection against investors is not sufficiently regulated in the POJK because it has been regulated comprehensively in the OJK Regulation Number 1 / POJK.07 / 2013 on Consumer Protection of Financial Services Sector, thus the form of protection stipulated in the POJK is solely for issuers / public companies only. Keyword : buyback, general meeting of shareholders, The Financial Services Authority (OJK)
IMPLEMENTASI PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH Ali Ibsan Jaya; Faisal Akbar Nasution; Suhaidi Suhaidi; Mirza Nasution
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The position of the deputy head of the region is very strategic when viewed from the duties and functions of the regional head is so large, So if there is a vacuum of the regional head or deputy head of the region, then the position must be filled immediately. This study is analytical descriptive research. The election of deputy regional head shall be conducted democratically through pairing elections, which is elected in a package of elections as stipulated in the Law on Regional Head Election. Filling the vacancy of the deputy head of the region who is unable to stay under Article 176 of the Law of the Republic of Indonesia Number 10 of 2016 on the Second Amendment to Law Number 1 Year 2015 Concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governor, Bupati , And the Mayor becomes the Regulation. Deputy Governor, Vice Regent and Vice Mayor in the event of vacancy, the replacement of Vice Governor, Deputy Regent and Deputy Mayor shall be conducted through election mechanism by Assembly Provincial , Assembly at  Regency and City based on the proposal from Political or a combination of Political Which won the election of regional head. Keywords :implementation, vacancy, deputy head of region
ANALISIS YURIDIS TENTANG TUGAS DAN FUNGSI KOMISI KEJAKSAAN DALAM MEWUJUDKAN LEMBAGA KEJAKSAAN REPUBLIK INDONESIA YANG PROFESIONAL Ludy Himawan; Alvi Syahrin; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The system of supervision in the criminal justice system has two forms, i.e. built in control and supervision of the institution. Supervision supervisory control is built in which is performed inside the institution, while the institution of supervision conducted by supervisors outside the institution. Every law enforcement agency has a supervisory institution each, judge District Court overseen by judge high, high judge supervised by the Supreme Court and others. In addition, outside of the institution, each institution supervised by the judicial Commission, the independent agency overseeing the performance of judges, the State Attorney Commission overseeing the performance of prosecutors and others. The built in control in the supervision of the criminal justice system is not only overseeing the performance of law enforcement officials in each agency, but also supervise the process in law enforcement. The performance of the District Court will be overseen by the High Court and the High Court will be supervised by the Supreme Court. The verdict by the District Court will be judged by a court to have a position on it, in this case the High Court and so on. So is the State agency that is supervised by the Prosecutor and the Attorney General's Office. The establishment of the Commission as an institution external supervisory Prosecutor Prosecutor's Office was formed in order to improve the quality and performance of the institutions of the State Attorney. The performance of the prosecution agencies assessed the community not optimal the Foundation of this institution so that in Act No. 16 of 2004 about Attorney General RI in section 38 allows the existence of a Commission which aims to improve the quality and performance of the institutions of the State Attorney. As a follow-up of the Article then the President issued Presidential Regulation No. 18 in 2011 about the State Attorney Commission as an umbrella law duties and wewenangnnya. But in this regulation is not set explicitly how the mechanism monitoring and execution of the authority of the State Attorney Commission. In addition in the execution of the duties and authority of the Commission Attorney experienced barriers. How the State Attorney Commission overcome barriers and maximize the authority given to achieve the establishment of this institution.   Keywords       :  External supervisory Attorney, the State Attorney's duties and Functions of the        Commission.
PERANAN JAKSA TERKAIT ASAS DOMINUS LITIS BERDASARKAN SISTEM PERADILAN PIDANA DI INDONESIA Johannes Pasaribu; Alvi Syahrin; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The existence of the authority of prosecutors in Indonesia in prosecution is closely related to the principle of dominus litis. In accordance with the principle of dominus litis, the determination and control of prosecution policy is only in one hand, namely the prosecutor's office. Prosecutors conduct investigations only in connection with certain crimes. This leads to the need to review the authority of the prosecutor on the investigation and prosecution in the Indonesian Criminal Justice System linked to the dominus litis principle. Regarding the formulation of the regulation of the authority of the prosecutor at the stage of investigation and prosecution as an attempt to renew the criminal procedure law in Indonesia is associated with the dominus litis principle.   Keywords: Prosecutor, Dominus Litis, And Prosecution
ANALISIS YURIDIS TERHADAP PELAKSANAAN REKLAMASI PULAU G JAKARTA UTARA (STUDI PUTUSAN NOMOR: 193/G/LH/2015/PTUN-JKT) Ivana Novrinda Rambe; Suhaidi Suhaidi; Syamsul Arifin; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One development which is closely related to living environment is Reclamation. It is a development effort and/ or activity to reclaim land at the river bank or seashore. It is stipulated in the Presidential Regulation No. 122/2012 on Reclamation at the Coastal Areas, the Law No. 27/2007 on the Management of Coastal Areas and Small Islands in conjunction with the Law No. 1/2014 on the Management of Coastal Areas and Small Islands and Article 34 paragraph (1). The reclaimed areas are used for agriculture, housing, industry, shopping center or business, and tourism resorts. This has led reclamation to be permitted. However, there are some problems arising in the establishment license of reclamation; namely the Decree of Governor No. 2238/2014 dated December 23, which is the license for reclamation of Pulau G in Teluk Jakarta. It is resisted by some elements of the society because it has caused them some loss. It resulted in a claim against the ruling to the State Administrative Court in the Decree No.193/G/LH/2015/PTUN-JKT.   Keywords : Reclamation, Environment, G Island North Jakarta.
ANALISIS YURIDIS ATAS PERAN PEMERINTAH DAERAH TERHADAP PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN Ade Yuliany Siahaan; Suhaidi Suhaidi; Sunarmi Sunarmi; Jelly Leviza
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The research shows that North Sumatera have not yet a regional regulations of CSR but the Local Governments has begun to focus on completing the discussion of that. Even do not have yet the regional regulations of CSR, the Local Government is already have role in corporate social responsibility implementation such as by supervising, receiving reports and cooperating in arrangements CSR. The thing that underlies the participation of local governments in the implementation of CSR is the decentralization policy. It’s just the role of The Local Government sometimes not in accordance with applicable law in Indonesia because The Local Government is still seems not to understand the true meaning of CSR and act over the limit. For it is suggested that the government should make more strict regulations related to the issue of sanctions. And for it is suggested that Local Governments of North Sumatera better to understand more about the truly of CSR’s meaning and simply supervise and provide legal certainty so that all parties (stakeholders) can receive the benefits of corporate social responsibility emplementation. Keyword                : Juridical Analysis, Corporate Social Responsibility, and The  Local Governments.
ANALISIS PENGEMBANGAN KARIR ASN BERDASARKAN MERIT SISTEM (STUDI PENELITIAN DI PEMERINTAH KABUPATEN ACEH TENGAH) Hasan Basri; Jusmadi Sikumbang; Agusmidah Agusmidah; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The enactment of Law Number 5 Year 2014 on ASN is expected to bring significant changes in institutional, career and remuneration systems as this law revolutionizes the recruitment, development and career development system which includes a career path and high filling system through open promotion. The government realizes that bureaucracy is an important and major factor in a bureaucratic administration administration, in which a State Civil Apparatus (ASN) plays a very important role in it. To ensure the election of professional and competent persons, in accordance with the standard of competence of office. Central Aceh district which is one of the areas located in the province of Aceh is an area where the level of productivity of public services is still low, the civilian state of the existing country more comes from people close to the leadership. As for the problem in this research is How the provision of career development ASN based on system merit ?, Is the existing regulation able to build mechanism and institute for career development ASN based on merit system ?, How Regency of Aceh Tengah implementing merit system in filling position / career ASN? This type of research used is the juridical approach normative or doctrinal. Sources of Legal Materials to be used are Primary Legal Material, Secondary Legal Material, and Tertiary Law Material. Techniques and Data Collection Tools that researchers use is Document Studies. The data has been collected and then analyzed by using descriptive qualitative analysis, which is analysis by describing and analyzing the data of literature and field data in the form of statement carefully and systematically. The results of this study indicate that the development of ASN careers based on system merit refers to based on Law No. 5 of 2014 About ASN is a system of personnel development based on career and work performance, measurable administratively and the reality of the achievement of duties and devotion of an employee, in the duty environment which he assumed in the organization of government office. Regulations or legislation governing the provisions relating to the State Civil Apparatus that is in Law No. 5 of 2014 and Government Regulation No. 11 of 2017 on the State Civil Apparatus Management for the present become the basis for the government both central and local as a foundation of career development and development ASN or Civil Servant. It's just that the regulation has not run optimally and optimal because it has not been able to overall local government to implement the merit system in ASN career development. The implementation of ASN careers and career development in the regency of Central Aceh is not currently running optimally and optimally, because there is still influence by the officials concerned.   Keywords: Career Development, Merit system, State civil apparatus
PENERAPAN PIDANA MATI DALAM HUKUM POSITIF DI INDONESIA KAITANNYA DENGAN HAK ASASI MANUSIA (DALAM PERKARA NOMOR 271/Pid.Sus/2016/PN. Mdn jo PERKARA NOMOR 395/Pid.Sus/2016/PT.Mdn) Rica Gusmarani; Ediwarman Ediwarman; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The state of emergency of narcotics became the basis of the Indonesian Government's consideration to impose capital punishment on suspected drug cases in this case is Booking and Dealer which in fact have a destructive effect on the future of Indonesian youth. The application of capital punishment, both in Indonesia and countries in the world there are still many opinions that are pros and cons. capital punishment in the positive criminal law in Indonesia is still relevant to apply that in the future the formulation, implementation, and implementation of capital punishment shall pay attention to four important matters. First, capital punishment is no longer a principal punishment, but as a special and alternative criminal act. Secondly, capital punishment may be imposed with a ten-year probation which if the prisoner is liable can be changed with life imprisonment or for 20 years. Third, capital punishment can not be imposed on immature children. Fourth, the execution of capital punishment on pregnant women and a mentally insured person is suspended until the pregnant woman gives birth and the mentally ill prisoner is healed. On the other hand, the death penalty is also intended as a deterrence or detention for criminals, especially narcotics dealers and dealers whose actions can damage the physical and mental generation of young people who are the nation's shoots so that it can threaten the National Resilience of the Indonesian Nation. Keywords: Death Penalty, Narcotics Crime, Human Rights.
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