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

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PENEGAKAN HUKUM TERHADAP PRAKTEK PUNGUTAN LIAR DI JALAN RAYA OLEH MASYARAKAT DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (STUDI KASUS DI POLRES LANGKAT) Mulya Hakim Solichin; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The crime rate at Polres Langkat have been increasing every year. The practice of thuggery such as illegal levies on the highway is one of several factors that cause this increase of the incidence. The action of Polres Langkat against the practice of illegal levies on the highway is applying the Kitab Undang Undang Hukum Pidana (KUHP), Undang Undang, 2009 No. 22 about road traffic and transportation, the implementation is related to Peraturan Mahkamah Agung (PERMA) 2012, No.2 about the adjustment of the criminal acts limit and the amount of penalties in KUHP.  This research was conducted with empirical juridical approach applying secondary and primary data. The descriptive analysis method is used in this research through secondary and primary data. At least there 3 obstacles occurred in the effort of the Polres Langkat Those are law enforcement officials, legislation and legal culture of the Langkat district, while the legal impact on the community of the practice of illegal levies is still considered justified.  Based on the results of this research it is suggested that the law enforcement officials must understand. The aplicaion of the next PERMA law correctly. The cooperation work among the law inforcement officials, the the goverment and the community should play an active role through supervision, mental, and moral education to give effect detterent so that it can change the mentality of the offender to be better in their attitude.   Keywords: Police Roles, Illegal Levies on Highways, legal policies, Crime Justice System.
PEMBERIAN RESTITUSI TERHADAP KORBAN ATAU AHLI WARIS DALAM TINDAK PIDANA PERDAGANGAN ORANG Boy Amali; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Every victim of human trafficking crime or their heirs the right to obtain restitution. Restitution referred to in paragraph (1) for damages above: a. loss of wealth or income, b. suffering, c. costs for medical care actions and / or psychological and / or d. other losses suffered by the victim as a result of trafficking. The refund was given and included simultaneously in the ruling court on criminal case of human trafficking. Restitution carried out since the first level court decision handed down may be deposited in advance at the court where the case is disconnected. Restitution is done within 14 (fourteen) days from assured decision that has obtained permanent legal force. The perpetrator was acquitted by the court of appeal or cassation, the judge ordered restitution in the decision that the money deposited is returned to the person concerned. The conclusion of this thesis, 1.Government Indonesia is expected to soon establish minimum standards for the eradication of trafficking in persons. Furthermore, it should start using the Law No. 21 Year 2007 on Eradication of Trafficking in workers' trade practices. Improvement in the performance of the courts, prosecution and sentencing in cases of labor trafficking, including those involving labor recruitment agencies. Checking back in a Memorandum of Understanding with the countries that became the purpose of trading to incorporate protection of the victim. Need for increased efforts to prosecute and convict public officials who profit from or are involved in trafficking. Increase funding for law enforcement and rescue, restore and reintegrate victims. 2. Though no firmness in Law No. 21 of 2007 as mentioned above, wants to decisions restitution, executor of execution is the prosecutor, because since the beginning of the prosecutor has been involved in the filing restitution claims. (Article 50 paragraph (3) of Law No. 21 of 2007). If the merger of damages and criminal cases in the Criminal Code, implementing the execution of criminal decisions implemented by the Prosecutor (Article 270 Criminal Procedure Code), while the decision of restitution / compensation is carried out according to the procedures of the civil judgment (Article 274 of the Criminal Code) .3.Laws Number 21 Year 2007 to be immediately implemented by the issuance of Government Regulation (PP) on mechanisms and Procedures Restitution for Victims of Crime of Trafficking in Persons. In the PP least should regulate: a.Tata how to care restitution and the role of prosecutors in filing surrogate restitusi.b.Tata to calculate the value loss to be submitted to the court and the prosecution authorities determine the amount of losses that will be submitted to the court. c. Authority prosecutors filed the restitution is mandatory not voluntary so that he does not need approval from the victim, unless the victim asked the prosecutor not to file a restitution claim. d. Attitude prosecutor if the victim is more than one, there are welcoming the decision and some are wanting appeal. But should the prosecutor suggested to those who refuse to file a lawsuit through the civil order not to harm the victim receives. e.Must firmness that the execution must go through the prosecutor, so that prosecutors can actually carry out surveillance that restitution was met by the offender.   Keywords: Restitution, Victims Or Heirs, Crime, Human Trafficking.
PENGHITUNGAN KERUGIAN KEUANGAN NEGARA OLEH KANTOR AKUNTAN PUBLIK DALAM PERKARA TINDAK PIDANA KORUPSI (Studi : Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn., tertanggal 16 Februari 2017) Muhammad Isnayanda; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The case of corruption is a major problem in Indonesia that causes a huge loss of state and affects the decline in the quality of people's lives to disrupt economic stability. In the case of corruption (hereinafter called "Corruption"), as for the authorities to conduct an investigation under the applicable law, among others: the Indonesian Police, the Attorney General's Office and the Corruption Eradication Commission. Based on the authority given by the law mentioned above, to every investigator and investigator to conduct a corruption investigation and investigation, the Police of the Republic of Indonesia, the Attorney General of Indonesia and the Corruption Eradication Commission have the authority to conduct investigation and investigation of Corruption. In the eradication of corruption, the government has promulgated Law no. 31 of 1999 on the Eradication of Corruption as amended by Act No. 20 of 2001 on Amendment to Law no. 31 Year 1999 on the Eradication of Corruption (hereinafter referred to as "Corruption Act"). The most important element of the article in the Corruption Act is "it can harm the state's finances or the state's economy". Thus, the calculation of State Financial Losses (PKKN) is needed in conducting investigations and investigations in cases of corruption. Keywords : Calculation of State Financial Losses; Public Accountant Office / Public Accountant; Case of Corruption.
PEMAAFAN OLEH KORBAN DAN/ATAU KELUARGA KORBAN TERHADAP PELAKU TINDAK PIDANA DITINJAU DARI HUKUM PIDANA ISLAM DAN RUU KUHP SEBAGAI PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN Suplinta Ginting; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of a victim and/ or victim’s family in a penal court is merely a witness, they are never involved to determine how long a charge or sentence is handed down to the Perpetrator. A victim and/ or victim’s family often feel unjust that creates disbelief in the law. The results of the research show that forgiveness is recognized in Islamic Law as it is regulated in the Koran and Hadiths of The Prophet Mohammed; while in Indonesian Law, forgiveness is a part of the customary law and is stipulated in the Bill of the Penal Law Article 55 paragraph (1) letter j. Forgiveness is given in order to insure justice, legal certainty, to uphold the dignity and pride of the victim and/ or the victim’s family, to liberated the Perpetrator from guilt and to settle the conflict between the Perpetrator and the victim and/ or victim’s family. The formulation of forgiveness in the Islamic Penal Law can reduce and even can discharge the Perpetrator from the sentence, except in hudud crime (offenses against God); while in the Bill of the Penal Law, formulation of forgiveness is merely something to be considered by the judge in handing down a verdict.   Keywords: Forgiveness, Victim and/ or victim’s family, Islamic Penal Law, Bill of the Penal Law.
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
PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP Aca Surya Putra Zai; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, it can be seen that the criminal responsibility of the director as an individual for the crime of environmental destruction occurred during the director has the authority to prevent the occurrence of violations or to improve the situation. Whereas the criminal liability of the director representing the organs of a limited liability company for criminal acts of environmental destruction can be identified under the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, since due to his position within the company has an obligation to take action to ensure that such violations will not occur as regulated in Article 116 and Article 117 UUPPLH. The development of the direction of criminal liability in the future in the case of criminal acts of environmental destruction has been terminated with the issuance of Perma No.13 of 2016 on the Procedures of Handling Criminal Acts by the Corporations. This regulation provides the basis for law enforcement officials, in the handling of criminal cases involving the perpetrators of corporations and / or corporate directors / administrators.   Keywords: Accountability of Director,  Limited Liability Company (PT), Crime, Environmental Degradation
PERTANGGUNGJAWABAN PIDANA PENGURUS KOPERASI JASA DALAM TINDAK PIDANA PEMERASAN Esron Silaban; Alvi Syahrin; Edy Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cooperative was founded on the principle of kinship and berasaskan helping to carry out remedial level economic life of mole-people who belong to a group of workers or those who fall into poverty as a result of the implementation of the system of capitalism. However, the cooperative in carrying out its business is inseparable from the possibility of a criminal act, one of which is extortion punishment committed by the cooperative management of the loading and unloading of labor services at the port, which extortion is carried out by the cooperative management on behalf of the cooperative and the proceeds of the crime are accommodated Governed entirely by cooperatives for the benefit of cooperative members. Based on the background then in the formulation of the problem that is: 1) How is the criminal accountability of the cooperative management over the criminal acts of extortion against third parties 2) Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? The purpose of this study to determine and analyze the criminal responsibility of the cooperative management of the crime of extortion against third parties and to identify and analyze whether the cooperative could be held accountable for laundering money derived from criminal acts of extortion by the cooperative board. Keywords: Management, Cooperatives, Criminal Accountability, Extortion, Money laundering
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA KORUPSI (STUDI PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI KELAS I A BENGKULU NO.64/PID.SUS/TPK/2016/PN.BGL) Frendra AH AH; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal liability for corporations as provided for in the draft KUHP factors examined is the concept of corporate liability mechanization and itself. Within the scope of criminal liability issues will put forward the question of the corporation as the subject or the maker or the perpetrator of a criminal offence. Formulation of the problem in this research is how corporate setting as a subject of law in the criminal offence of corruption, how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. Research purposes ais to know how corporate setting as a subject of law in the criminal offence of corruption, to know how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and to know how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. The research is the study of normative descriptive research analytical by nature. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis.   Keywords: accountability, corruption, criminal corporations.
PERAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN PERBANKAN UNTUK MENCEGAH TINDAK PIDANA KORUPSI DI PT. BANK SUMUT (Studi : Putusan Tipikor Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn. Jo. Putusan Pengadilan Tinggi Medan No. 06/Pid.Sus-TPK/2017/PN Muhammad Firdaus; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cases of banking crime, not just criminal acts that occurred in the banking sector, apparently against the government banks including PT. Bank Sumut as a Regional Owned Enterprise (BUMD) of North Sumatera Province and Sub-Province / Municipality under it, incorporated as Limited Liability Company (PT) can also be investigated and investigation of alleged corruption. However, who is entitled to conduct such alleged corruption investigation in PT. Bank of North Sumatra, whether the Indonesian Police, the Attorney General, Corruption Eradication Commission, or OJK itself? Even if it is true ("quad non"), OJK has the right and authority to investigate and investigate alleged corruption in BUMN and BUMD, there is overlapping of rules, where OJK also has the authority to supervise and prevent fraud, the other hand the OJK shall be entitled and authorized to conduct investigations and investigation of alleged corruption in the bank. However, OJK should only have the authority to conduct an investigation of banking crime in the financial services sector.   Keywords          :     The Role of the Financial Services Authority; Banking Supervision; and Prevention of Corruption at PT. Bank of North Sumatra.
PERTANGGUNJAWABAN PIDANA PIMPINAN KORPORASI MULTINASIONAL TERHADAP TINDAK PIDANA DUMPING LIMBAH B3 YANG DILAKUKAN OLEH PERUSAHAAN CABANG Marthin Fransisco Manihuruk; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Subsidiary establishment is a method of big scale corporations to develop their business, either in the country or cross countries. A Multinational corporation is a corporation which subsidiaries lay cross countries. This subsidiary can certainly commit a criminal act, either on purpose or due to negligence. Therefore, legal instrument is required to charge the criminal liability of the Multinational corporation.The research discusses the criminal liability of a Multinational corporation for the criminal act in B3 Dumping (Dangerous and Poisonous Waste Dumping) committed by its subsidiary. Article 60 of the Law No. 32 Year 2009 concerning the Protection and Management of Living Environment forbids everyone to do dumping to a living environment without a license. The objective of the research is to find out the criminal liability of a Multinational corporation observed from the view in which the subsidiary is the leader or the one who has given the order to commit a criminal act in B3 Dumping (Article 116 paragraph 1 of the Law No. 32 Year 2009). The complexity in this corporation problem is that it charges the liability of the Multinational corporation which subsidiary is a legal entity. It is closely related to the fact that the subsidiary is a part of the Multinational corporation, so that any charge of criminal liability cannot be addressed to only the subsidiary when it commits a criminal act. The results show that charging the criminal liability of a Multinational corporation is influenced by some aspects of the one who gives the order or the leader of the activity in committing the criminal act (Article 116 paragraph 1 of the law No. 32 Year 2009) and of the location of the corporation and it subsidiary.  In addition, the aspects of nationality or citizenship of each head of corporation and it subsidiary is limited by article 2-9 of KUHP (the Criminal Code) stating that the limitations of the effectiveness of criminal laws will influence one to another.   Keywords: Criminal Liability of a Multinational Corporation, Dumping, Subsidiary
Co-Authors Aca Surya Putra Zai Aldi Pramana Alvi Syahrin Anggreini, Rini Ariq Ablisar Arivai Nazaruddin Sembiring Binsar Parulian Sitanggang Bismar Nasution Boy Amali BUDIMAN GINTING Chairul Bariah Dita Kartika Sari Hasibuan Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Yunara Elfirda Ade Putri Esron Silaban Fahmi Tanjung Fhytta Imelda Sipayung Fifi Febiola Damanik Fitria Ramadhani Siregar Fitriani Fitriani Frendra AH AH Gabriellah Angelia Gultom Hasballah Thaib Herri Gunawan Sipayung Hiras Afandy Silaban Irma Hayati Nasution Jelly Leviza Johannes Pasaribu Judika Atma Togi Manik Juna Karo-Karo Kesita Eva Lestina Lumban Tobing Kristina Sitanggang Liantha Adam Nasution Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marlina, Marlina Marthin Fransisco Manihuruk Mirza Nasution Muhammad Firdaus Muhammad Hamdan Muhammad Ilham Muhammad Iqbal Rozi Muhammad Isnayanda Muhammad Ryan Rainaldi Mulya Hakim Solichin Nanin Aprilia Fitriani Phio Tuah Reysario Sinaga Pola Martua Siregar Radian Putra Rendra Alfonso Sitorus Renhard Harve Rosnidar Sembiring Suhaidi Suhaidi Sunarmi, Sunarmi Suplinta Ginting Sutiarnoto Sutiarnoto Syafruddin Kalo Teddy Lazuardi Syahputra Teuku Fathir Mustafa Wilson Raja Ganda Tambunan Yosua T.R. Panjaitan Yoyok Adi Syahputra