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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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PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI YANG MELAKUKAN PEMBAKARAN LAHAN MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (ANALISIS PUTUSAN PENGADILAN NEGERI BENGKALIS NOMOR 547/PID.SUS/2014/PN.BLS) Dita Kartika Sari Hasibuan; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia is a country with the largest forest area in the world. Indonesia's forest as a source of natural wealth is one of the most basic capitals of national development used to increase Indonesian prosperity. In essence, forest development is, among other things, to be used as plantation land, agriculture and for the prosperity of the people. This was originally expected to be realized but it turns out that it is now just something that seems to be difficult to happen. This is due to the rampant fires or burning of plantation land that continues to occur oday in Indonesia. Land fires/burning is now a very serious problem in Indonesia because it can cause multi-dimensional problems related to economic, social, cultural and environmental aspects. In connection with this, the purpose of this study was: to find out about the provisions of criminal acts of land burning by corporations according to UUPPLH, to find out the criminal liability of corporations that carry out land burning based on UUPPLH, and to determine the analysis of the Bengkalis District Court's decision Number 547 / Pid . Sus / 2014 / PN.Bls. The method used in this study is normative research, with the nature of descriptive analysis, sourced from secondary data with primary legal material, secondary legal material, and tertiary legal material. This research was conducted by collecting data in library studies and document studies analyzed qualitatively using the Statute Approach and Case Approach. The provision of criminal acts of land burning committed by corporations is focused on Law Number 32 Year 2009. The act of environmental crime committed by corporations on land burning is also a material offee of illegal action that causes pollution or environmental damage. The criminal liability of corporations committing land burning based on UUPPLH is the imposition of criminal penalty in accordance with Article 108 jo. Article 116 Paragraph (1) Letter a is a minimum of Rp.3,000,000,000 and a maximum of Rp.10,000,000,000. However, the corporation is subject to a fine of Rp.2,000,000,000 because from the legal facts the corporation in this case is only proven negligent over the quality standards of ambient air in accordance with the provisions of Article 99 Paragraph (1) and additional criminal complements of fire prevention facilities. Based on the analysis of the Bengkalis District Court Number 547 / Pid.Sus / 2014 / PN.Bls. it was found out that the decision of Public Prosecutor's demand and that of the Judge's are not the same. Judge's decision is lighter than the Prosecutor's demand.  The judge verdict was that the defendant was only proven negligent over exceeding the quality standards of ambient air due to land burning. In fact, the land burning committed by the defendant PT. NSP made a huge loss. However, at least the defendant provided the appropriate compensation for the negligence. Here, the thesis writer is in disagreement with the mild judgment of the Panel of Judges because the decision did not provide a deterrent effect on what was done and for the negligence of the defendant, PT. NSP.   Keywords: Criminal Responsibility, Corporations, and Land Burning.
IMPLEMENTASI PASAL 69 AYAT 4 UU NO 45 TAHUN 2009 TERHADAP KAPAL IKAN BERBENDERA ASING YANG TERTANGKAP TANGAN MELAKUKAN ILLEGAL FISHING OLEH DIT POLAIR POLDA SUMUT Hariyatmoko Hariyatmoko; Alvi Syahrin; Suhaidi Suhaidi; Edi Yunara
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The theft of fish at sea have caused great loss of fishery in the territory of the Republic of Indonesia. Mandate of the Act No. 45-year 2009 article 69 paragraph 4 to carry out the functions of supervision and law enforcement in the field of fisheries in the area of management of fisheries of the Republic of Indonesia. On the basis of the policy of the Directorate of Police (.dit Polair) Waters of North Sumatra doing the sinking ship of a foreign flagged fishing perpetrators of illegal fishing. Based on the research behind latas will be analyzed the implementation of paragraph 4 of article 69 of the Act No. 45-year 2009 against a foreign flagged ship fish which is caught hands doing illegal fishing with the object of research conducted at the .dit Polair  Police Of North Sumatra. The research was carried out using the method of normative legal research. Research data using secondary data and supported by primary data. Data collected with the use of the study of the literature and interviews. The data analysis done with the method of qualitative analysis. Protecting the richness of the waters from the level of illegal fishing which can interfere with the conservation of nature, protect the traditional fishing, improve social welfare and State revenue. Policy action to eradicate illegal fishing puts the magnitude of the law court decisions remains the sinking process when compared to foreign vessels caught hands starting with the evidence sufficient. Implementation of the sinking ship of alien fish by North Sumatran Police Polair Recorded in the maintenance of kamtibmas, law enforcement, as well as provide protection, shelter and service to the community. Nevertheless Recorded Polair Poldasu experiencing obstacles in the application of article 69 paragraph 4 of Act No. 45 of the year 2009. It is because after enactment of the Ordinance, there is a constraint that does not support an increase in production and export in terms of quantity and quality. Based on the above research advice researchers that implementation of article 69 of the Act 45 Years 2009 paragraph 4 needs to pay attention to the basic considerations against the background of the enactment of the Government policy in the prevention efforts illegal fishing. Law enforcement agencies to be more active in conducting dissemination to the public of illegal fishing. Law enforcement must do other efforts can support the success in preventing the occurrence of illegal fishing with the increase in HUMAN RESOURCES, improvement of facilities and infrastructure supporting operasioanal, improve security operations on a regular basis and coordinated.   Keywords:    the sinking of the ship, Illegal Fishing, Recorded Polair of North Sumatra.
ANALISIS YURIDIS KEWENANGAN PPNS LINGKUNGAN HIDUP SEBAGAI PENYIDIK DENGAN TERKAIT PENGGABUNGAN KEMENTERIAN LINGKUNGAN HIDUP DENGAN KEMENTERIAN KEHUTANAN Muhammad Reza Azhar; Alvi Syahrin; Suhaidi Suhaidi; Syamsul Arifin
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Lately the role of investigators is very important in the process of proof of law, especially with special criminal acts, especially criminal acts in the environmental field. therefore, it is deemed necessary to incorporate the Ministry of Environment and Forestry to the extent of the duties and authorities of environmental civil servant investigators in carrying out their duties and functions. Keywords : Investigators, Environment, authorities
Tanggung Jawab Korporasi Dinas Kebersihan Atas Pengelolaan Sampah Berdasarkan Undang-Undang No. 18 Tahun 2008 Tentang Pengelolaan Sampah Jennifer Jennifer; Alvi Syahrin; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law. Keywords : waste management, corporate liabilities
Kinerja Kepolisian Resor Deli Serdang Dalam Penyelidikan dan Penyidikan Tindak Pidana Korupsi Faisal Rahmat Husein Simatupang; Alvi Syahrin; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the context of eradicating criminal acts of corruption, the government has made the Indonesian Republic Law, Number 31 of 1999, which has already been changed to the Indonesian Republic Law, Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption. The law referred to was born based on the consideration that the criminal acts of corruption that have been widespread all this time do not only harm the state finances but also violate social rights and the economy of the community at large; thus, the criminal acts of corruption need to be classifiedas a crime whose eradication must be done extraordinarily. The low performance of law enforcer including the police in the eradication of the criminal acts of corruption is said to be in the background underlying the birth of the Indonesian Republic Law, Number 30 of 2002 concerning the Commission of the Eradication of the Criminal Acts of Corruption (then it is said as Law of KPK (Commission of Eradication of Corruption)). The problems in this research are concerned with the Policy of Criminal Law against the Eradication of Criminal Acts of Corruption, the Position of the Police in Conducting Investigationand inquiry of the Criminal Acts of Corruption in Statutory Provisions, and the Police Performance of Deli Serdang Resor in the Investigation and inquiry of the Criminal Acts of Corruption. The type of the research conducted is the normative juridical research, that is, the research which is focused to review the application of positive principles or legal norms. The nature of analytical descriptive research constitutes the research that describes, examines, explains, and analyzes a legal rule. The results of the research show that there is a strong commitment from the government through the policy of criminal law to prevent and eradicate the criminal acts of corruption, the police are authorized to conduct the investigation and inquiry of the criminal acts of corruption in the statutory perspective in the Country of the Republic of Indonesia, and the performance of the investigation of the criminal acts of corruption done by the Police of Deli Serdang Resor is still very low. Some efforts to improve the performance of the police of Deli Serdang Resor in the investigation and inquiry of the criminal acts of corruption are the need for law enforcement fairly and consistently in accordance with legislation and other norms that apply, the need to increase the cooperation between the police, prosecutors and corruption eradication commissions substantively, structurally and the achievements which are detailed and structured, the need to increase the quality and quantity of Human Resources of the investigators of the unit of the Criminal Acts of Corruption of the Police of Deli Serdang Resor, and the need to review the article 385 of the regional government law.   Keywords: police performance, investigation, criminal acts of corruption.
Analisis Aturan Hukum Pengelolaan Taman Nasional Gunung Leuser (TNGL) Sebagai Warisan Dunia Mhd. Nur Arrahman Nasution; Suhaidi Suhaidi; Syamsul Arifin; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Biological natural resources and their ecosystems are the most important part of natural resources comprising animal, vegetable or natural phenomena, either individually or jointly having the functions and benefits as elements of the environment, whose presence can not be replaced . In view of its irreplaceable nature and an important role for human life, the conservation of biological natural resources and their ecosystems is the absolute obligation of each generation. In fact, there are several issues and problems that occur in the area, one of which is the development and planning to conduct road construction that has been done before and after 2004, which resulted in WHC recommends TRHS area into natural heritage in danger (The List of World Heritage in Danger -WHD). Departure from the description of the background above, it can be formulated problems in research is, How the implementation of management in Taman Gunung Leuser National (TNGL) as World Heritage. In accordance with the research formulation, this study was conducted with normative juridical with the consideration that the starting point of analysis research on legislation regulating of Taman Gunung Leuser National, and sociological law enforcement. The result of the research is obtained the rule of law concerning the management of Gunung Leuser National Park as World Heritage still not running as it should because there is still activity activity which violate the regulation both nationally and internationally. These activities include illegal logging, illegal hunting, road clearing and forest fires resulting in disturbance and threats to the preservation of Taman Gunung Leuser National . The conditions of such areas resulted in TNGL and other National Parks being included in the UNESCO list of threatened (indengerlist). Keywords: rule of law, management of gunung leuser national park and world heritage.
Analisis Yuridis Atas Perjanjian Kerjasama Penyediaan Air Besih Di Kota Medan Antara PDAM Tirtanadi Dengan PT. Tirta Lyonnaise Medan Tahun 2000 Indra Kurniawan Nasution; Tan Kamello; Suhaidi Suhaidi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.This research uses normative research type with the consideration that the starting point of the research is the analysis of the law of agreement, the nature of research in use is analytical descriptive that is by collecting data through document studies by using qualitative data analysis with emphasis on the form and obstacles of agreement and dispute settlement agreement.Based on the results of the research is known that basically Agreement of Cooperation of Water Supply Besih in Medan City Between PDAM Tirtanadi With PT. TirtaLyonnaise Medan was born from the principle of freedom of contract already meet the provisions in Article 1320 Civil Code and Law No.25 of 2007 on investment, in implementing the cooperation agreement there are several obstacles that occur there are juridical such as taxation, labor, non juridical such as illegal levies, the manner of dispute resolution in this cooperation agreement is set out in article 18 with out court through arbitrators and experts Keywords: cooperation agreement, water supply, dispute settlemen
Peran Kepolisian Dalam Penegakan dan Penanggulangan Tindak Pidana Narkoba Terhadap Pengguna di Wilayah Hukum Kepolisian Resorkota Besar Medan Jonathan Hasudungan Hasibuan; Suhaidi Suhaidi; Alvi Syahrin; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Medan City Big Police Resort (Polrestabes) part of the Republic of Indonesia National Police located in the city of Medan, North Sumatra province is one of the regional units under the control of the North Sumatra Regional Police (North Sumatra Regional Police). Medan Polrestabes in combating Narcotics-related crime cases must be well supported even though the numbers of these cases continue to increase. The disclosure of cases on the one hand can indeed be an indicator of increasing police work in hunting down drug trafficking syndicates, but on the other hand can provide clues to how the current government policies are weak in dealing with the circulation. Police efforts as law enforcement agencies in preventing and eradicating Narcotics crime in the jurisdiction of Medan Polrestabes can be seen from the performance of its ranks who are actively both open and closed, cooperating with other agencies and communities in breaking the chain of Narcotics circulation. Medan Polrestabes in this case has two steps to prevent and eradicate this Narcotics and Psychotropic crime, namely the efforts of Non-Penal and Penal's efforts. The police maximize the Non-Penal efforts, namely pre-eminent and preventive measures (prevention), because these efforts are considered more effective in suppressing the increase in the number of criminal acts Narcotics compared to the efforts of Penal (prosecution). Keywords : police, narcotics, and narcotics crime
Analisis Yuridis Kewenangan Dewan Komisaris Dalam Pelaksanaan Rapat Umum Pemegang Saham (RUPS) Bagus Firman Wibowo; Sunarmi Sunarmi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Board of Commissioners is a PT organ that serves to oversee the tasks carried out by the Board of Directors and also give advice to the Board of Directors, besides that the Board of Commissioners is the company organ in charge of overseeing the Board of Directors in terms of the implementation of GMS. The situation of the Board of Commissioners can hold a GMS, if the Board of Directors is unable or there are other provisions that cause the GMS to not be held, the Board of Commissioners appointed by the shareholders has the authority to hold a GMS. Research This thesis is a normative juridical study accompanied by a legislative approach, this research is also descriptive analytical, the source of data in this study is Law No. 40 of 2007, books, legal dictionaries, journals, decision No. 54 / Pdt.P / 2016 / PN / Plk and 157 / G / 2014 / PTUN.JKT. Data collection techniques in this study are secondary data. Qualitative analysis is research on descriptive research and tends to use analysis. Basically those who function and have the authority to hold the annual GMS and Extraordinary GMS are Directors. Unless the directors are unable or there is a conflict of interest between the directors and the company, the summons is made by the Board of Commissioners. In Article 79 paragraph (1). The implementation of the GMS is entirely an initiative of the Board of Directors. The Board of Commissioners must call the GMS no later than 15 (fifteen) days from the date the request for the implementation of the GMS is received. Furthermore, the GMS convened by the Board of Commissioners based on the GMS call upon the request for the holding of shareholders, only discussed issues relating to the reasons stated in the request letter. Whereas if those who hold a Board of Commissioners are at the request of the shareholders, they are only limited to discussing mass issues relating to the reasons stated in the request letter. The Board of Commissioners has the authority to Organize the GMS in the condition that the Board of Directors does not hold an annual GMS or extraordinary GMS. According to Article 79 paragraph (2) the Board of Commissioners must conduct a GMS if the Board of Directors does not implement the GMS, if the Board of Commissioners does not conduct a GMS, the position of the Board of Commissioners can be dismissed by the shareholders in an LB GMS which will then be held by the shareholders with court approval country. This is included in the Responsibility section due to negligence tort liability, based on the concept of fault relating to interminglend. Keywords : board of commissioners, general meeting of shareholders
Analisis Yuridis Kewenangan PPNS Lingkungan Hidup Sebagai Penyidik Dengan Terkait Penggabungan Kementerian Lingkungan Hidup Dengan Kementerian Kehutanan Muhammad Reza Azhar; Alvi Syahrin; Suhaidi Suhaidi; Syamsul Arifin
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Lately the role of investigators is very important in the process of proof of law, especially with special criminal acts, especially criminal acts in the environmental field. therefore, it is deemed necessary to incorporate the Ministry of Environment and Forestry to the extent of the duties and authorities of environmental civil servant investigators in carrying out their duties and functions.   Keywords : investigators, environment, authorities
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