Syafruddin Sulung Hasibuan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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Journal : USU LAW JOURNAL

ANALISIS YURIDIS PENANGGULANGAN TINDAK PIDANA PENIPUAN DI BIDANG PASAR MODAL MELALUI PENDEKATAN SISTEM PERADILAN PIDANA (CRIMINAL JUSTICE SYSTEM) Aloysius Supriyadi; Bismar Nasution; Sunarmi Sunarmi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The category of criminal act in capital market is divided into two types: crime and transgression. Fraud in capital market is a crime. This category is different from the other criminal acts because it has its specific characteristics. It is specifically misleading information, viewed from the activity of capital market which is related to tender and stock exchange, stock companies, and institutions and professions which deal with stock market. Fraud in capital market is done by using information or falsified condition so that it will harm a party without having the effect on the manipulated market. Regulation on fraud on material fact in the activity in the stock exchange can be seen in Article 90 of UUPM (Law on Capital Market). Criminal Justice System is used in proactive manner when there is an indication of violation against law on capital market by verifying and/or investigating, based on the report or complaint from capital marketers. Keywords: Fraud in Capital Market, Criminal Justice System
PUTUSAN HAKIM TENTANG REHABILITASI TERHADAP PECANDU NARKOTIKA (Studi Putusan Nomor : 35/PID/2012/PT.TK) DewiMaya Benadicta Barus; Mahmud Mulyadi; Suhaidi Suhaidi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Narcotic addict when viewed from the aspect of health, they were of the sick or in other words people who suffer pain. Therefore, the corresponding incarcerate isn't the right solution. Supreme Court circulars (SEMA) number 4 of 2010 can be used as a basis for reasoning or reference the judge in meting out sanctions and rehabilitation. As for the problems formulated in this thesis writing is why rehabilitation of narcotic addicts are deemed necessary as the basis for an alternative to criminal action, and then discussed again what was the background to the legal considerations the judge in meting out the rehabilitation decision in connection with any criminal action. Research methods used by the author in writing this is the juridical normative research method, which is based on secondary data and put emphasis on measures of speculative theoretical-normative analysis-qualitative and. As for the data used in compiling the writing was obtained from the research libraries (library research). As a technique of collecting data by utilizing a wide range of literature in the form of legislation, books, scientific papers, lecture materials, court rulings, as well as secondary data sources discussed by other authors. Considered necessary for the rehabilitation of addicts of narcotic drugs as an alternative to criminal action because of it's own rehabilitation aims to improve the health of the addicts of narcotic drugs with care and rehabilitation on an existing rehabilitation centres. This is compared to the upside if the addict of narcotics is punished by criminal sanctions. As for the background of the legal considerations of the overthrow of the ruling of the judge in connection with any rehabilitation criminal action is by observing the values of certainty, justice and benefit based on a notion that the narcotic addicts as victims of crime so more suitable rehabilitation sanctions meted out verdict that will provide care and guidance that is educating and improving physically and mentally from the addict. Key words :  rehabilitation, narcotics addicts, the verdict of the judge.
PERANAN KEJAKSAAN DALAM MELAKUKAN PENUNTUTAN PERKARA TINDAK PIDANA NARKOTIKA Cardiana Harahap; Chainur Arrasyid; Mahmud Mulyadi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A according to Article 30, paragraph 1, letter b of Law on Prosecuting Attorney, a prosecuting attorney, as a public prosecutor, has the authority to exercise prosecution on criminal act cases. In this case, it is especially in narcotics criminal act as it is stipulated in Law on Narcotics and is not separated from criminal justice system. The role of prosecuting attorneys in prosecuting narcotics criminal act perpetrators is by coordinating with the other law enforcement officials, especially BNN officials, the Police, and PPNS officials. Law on Narcotics does not deal with prosecuting attorneys in narcotics cases; they only agree on the beginning of investigation and receive minutes of investigation. The most dominant obstacle is the knowledge of the fact in the field because prosecuting attorneys cannot investigate narcotics cases in the field.It is recommended that prosecuting attorneys do discretion according to the prevailing laws and regulations, break through any regulation by putting forward justice, human rights, and public interest in exercising prosecution of narcotics criminal act cases since narcotics is related to public interest. Law on narcotics should provide authority for prosecuting attorneys to be investigators. Keywords: Role of Prosecuting Attorney, Prosecution, Narcotics Criminal Act