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

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PERTANGGUNGJAWAB PIDANA RUMAH SAKIT TERKAIT DENGAN TINDAK PIDANA LINGKUNGAN HIDUP YANG DILAKUKAN PEGAWAI RUMAH SAKIT Hanna Niken Sihotang; Alvi Syahrin; Muhammad Eka Putra; Utary Maharany
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Health as one of the elements of the common welfare must be realized through a variety of health in the context of the development of a comprehensive and integrated health supported by a national health system.. In terms of obtaining the authorization for hospital waste treatment there are also requirements that include environmental health efforts (UKL), environmental monitoring efforts (UPL), and or environmental impact assessment (EIA) which is regulated in the Act no.44 of 2009 on hospital. However, if the hospital does not have a license as referred to in Article 25 paragraph (1) it will be subject to criminal sanctions in accordance with Article 62 of Law No. 44 Year 2009 In violation Enviromental Law. Hospital sued in violation of Article 102 Enviromental Law. Then the responsibility of the administrator in the event of environmental contamination associated with hospital waste hospital administrators the responsibility associated with environmental crime in accordance with Article 117 which states that if criminal charges are filed with the leader giving the order or a criminal offense in this case was referred to committee in Article 116 paragraph (1) letter b, then a sentence of imprisonment and imposed a fine is increased by one third. Enviromental Law itself regarding criminal liability of legal entities pollutant / destroyer of the environment which is as set out in Article 116, which is well within the legal person as well as against those who gave the order or who acts as a leader in an action (destroy / pollute the environment) or against both. Accountability of hospitals associated with environmental crime set in Article 119 Enviromental Law that the entity may be subject to additional criminal or disciplinary action. Hospital administrators and accountability related to environmental crime under Article 116 paragraph (1) letter a and b. Keywords : criminal liability, environmental crime, enviromental law
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia as a State Party in theConvention on the Rights of the Child governing the principle of legal protection for the child is obliged to provide special protection to children in conflict with the law. One of the forms of child protection is realized through special criminal justice system for children in conflict with the law. This is confirmed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.The findings show that, the first is the legal protection of children as perpetrators of criminal acts is indispensable because it is useful for: 1) Children are not stablephysically and mentally, 2) To ensure the children freed from inhuman or demeaningpunishment, 3 ) To ensure the independence of the child, so as not seized unlawfully or arbitrarily, 4) To ensure that the criminal (penalty) applies only as an ultimumremedium; the second is the legal protection should be given to the child is the legal protection that covers several concepts as follows: 1) The concept of Restorative Justice; and 2) Concept of Diversy. The third isthe child criminal liability based on the judge's decision are as follows: Accepting an appeal from lawyer and public prosecutor of the child; strengthening decision of Medan District Court No.:27/Pid.SUS.Anak/2014/PN.Mdn; Establish the length of children detained entirely deducted from the sentence imposed; Ordered the child remains in custody; Charge a second child in the case of judicial level, which is in the level of appeal for Rp.2.500,00 (Two thousand five hundred rupiahs).   Keywords : Legal Protection , Responsibility , Children Actors Crime.
Co-Authors Alvi Syahrin Edy Ikhsan Hanna Niken Sihotang Khairul Anwar Hasibuan Marlina, Marlina Utary Maharany