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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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PERBUATAN MENGAKU DIRINYA SEBAGAI ORANG LAIN DALAM PEMUNGUTAN SUARA PADA PEMILIHAN UMUM LEGISLATIF (STUDI KASUS: PUTUSAN NOMOR:01/PID.S/2014/P.N.MDN DAN PUTUSAN NOMOR:02/PID.B/2014/P.N.MDN) Fifi Febiola Damanik; Syafruddin Kalo; Muhammad Ekaputra; Mirza Nasution
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Elections are the most important order in any democratic country as the most obvious form of state administration under the rule of law that must be done freely, honestly and fairly based on the sovereignty of the people. One of the most basic forms of elections is the granting of the right or the right choose which is part of Human Rights, which in its implementation rampant misuse of suffrage especially in Medan City. The issues raised in this thesis is how the regulation of the criminal act of legislative elections in Indonesia, how the role of election organizers in the effort to overcome the crime of elections in Medan City and how the application of criminal sanctions against the act of confessing himself as someone else in the voting on 2014 /PN.Mdn and verdict number: 02/Pid.B/2014/PN.Mdn. The research method used is the normative juridical research method descriptive analyst. This study uses the approach of legislation with data collection techniques namely library research supported by interviews to obtain more complete data. The results of the study indicate that the regulation on the criminal act of legislative elections in Indonesia has developed from the provisions that are only regulated in the Criminal Code up to Law Number. 8 of 2012 on General Election of House of Representatives, Regional Representative Council Regional People's Representative Assembly Provincial and Regency / City. The role of election organizers in the effort to overcome the criminal acts of legislative elections lies in integrated law enforcement center through penal facilities against law enforcement under the Bawaslu institution. The application of criminal sanctions against the acts of self-confessed based on two judgments of Medan District Court is considered not in accordance with the value of justice and does not realize the purpose of punishment based on the analysis of judges' ruling.   Keywords : Acknowledging Himself as Others, General Election Legislative
POLITIK HUKUM DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DENGAN HUKUM ISLAM TERHADAP TINDAK PIDANA PENISTAAN AGAMA Irma Hayati Nasution; Syafruddin Kalo; Hasballah Thaib; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRAK Since the era of reform of cases of irregularities in  society more and more appear, one of which is the advent of the crime of defamation of religion in various forms, such as the emergence of irregularities in religious life in the community as opposed to the teachings and religious laws that already exist. These things can undermine the foundations of religious life existing community.Crime Settings Defamation of Religion in criminal law stipulated in the laws and regulations in Indonesia is contained in Article 156a of the Law of the Republic of Indonesia Number 1 Year 1946, hereinafter contained in Law No. 1 / PNPS / 1965 on Prevention of Abuse and or blasphemy bill in Articles 341-349 of the Criminal Code, and under Islamic law stipulated in the Qur'an surah an'am verse 108, Surah al-Maidah verse 57, Surah al-Luqman verse 6, Surah al-jaatsiyah verse 9.   Keywords: Politics of Law, Criminal Code, Islamic Law, Blasphemy,
KEDUDUKAN AHLI WARIS TERPIDANA DALAM PENGAJUAN PENINJAUAN KEMBALI BERDASARKAN PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA (STUDI PUTUSAN NOMOR : 97 PK/PID.SUS/2012) Herri Gunawan Sipayung; Alvi Syahrin; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   KUHAP (Code of Law of Criminal Procedure) has long been intended to be revised by the government and the Parliament since it is considered not accommodating public interest in getting justice. The research problems are how about the judicial review in law of criminal procedure lodged by a convict’s heir while the convict is still alive and how about the validity of judicial review lodged by a convict’s heir in the regulation No. 97 PK/Pid.Sus/2012 on July 31, 2013 in the name of the convict, ST. The objective of the research is to find out the process of requesting for judicial review in a criminal case, especially the case lodged by a convict’s heir, to explain some experts’ ideas about the legality of requesting for judicial review lodged by a convict’s heir, and to analyze the opinion of the panel of judges about judicial review in the case of  ST, the convict. The research used juridical normative referred to legal provisions. Secondary data were gathered by conducting library research and analyzed qualitatively. In the case of ST, the Panel of Judges accepts the request for judicial review lodged by the convict’s wife as the heir while the convict himself is a fugitive. The result of the research shows that the legal consideration of the Panel of Judges in accepting the request for judicial review is that there has been no legal certainty in the KUHAP and in SEMA (the Circular Letter of the Supreme Court) concerning legal remedy done by a convict’s heir. In order to guarantee legal certainty, it is necessary that KUHAP be revised or SEMA be issued to regulate a clear definition of requesting judicial review by a convict’s heir while the convict himself is a fugitive.   Keywords: Heir, Convict, Judicial Review
ANALISIS HUKUM MENGENAI HUKUMAN DENDA DALAM KASUS KEKERASAN SEKSUAL TERHADAP ANAK DILIHAT DARI PERSPEKTIF VIKTIMOLOGI Liantha Adam Nasution; Ediwarman Ediwarman; Muhammad Ekaputra; Marlina Marlina
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children as the young generations are the successors to the ideals of the nation’s struggle and are the human resource for the National Development. Every child has equal human right like everyone in general. There are many criminal cases experienced by children causing mental disorders that they can no longer perform their obligations. Law enforcement needs to be conducted to the sexual violence perpetrators so that it will give them deterrence and minimize sexual violence against children. Sentence regulation for the perpetrators of sexual violence against children, besides imprisonment, also applies the sentence to fine which money is automatically put into the State Treasury Fund.  The problems of this research are how the criminal sentence to fine is regulated in sexual violence case, what factors cause sexual violence and how the criminal law policy concerning the sentence to fine in the case of sexual violence against children is, and how the efforts of legal protection for the victim in Victimology perspective. Based on the results of the research and the analysis done by the author about the sentence to fine stated in KUHP (the Criminal Code) or the Law that regulates sexual violence against children, in its implementation, Sentence to fine that is retributive is implemented to protect the city today. It puts priority to the sentence and fulfills the rights of the suspect/defendant. Its function mainly stresses on the protection of the suspect/defendant’s prestige and dignity, in KUHP, child protection law, law of eradication of domestic violence and the law on trafficking. The concept applied in the present time does not regulate the sentence to fine that is given to the victim for their protection. If the victims want to obtain compensation, they have to file an application of restitution. This restitution is not to be taken by the victim, but it is kept in the Treasury Fund. Therefore, today concept needs to be amended; the sentence to fine should be restorative, so that it can meet the benefit for the protection of the perpetrator and victim. Keywords: sentence, fine, sexual violence, child, victimology
ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA TIDAK MELAPORKAN PENEMUAN BENDA CAGAR BUDAYA BERDASARKAN UU NO 11 TAHUN 2010 TENTANG CAGAR BUDAYA ( SUATU PENELITIAN DI KOTA BANDA ACEH ) Muhammad Ryan Rainaldi; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indoensia’s legal system is based on the principle of legality, which means that no one can be punished without the force of the existing legislation. In the Act No 11 Year 2010 on Cultural Heritage, it is clear that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those violate them. Considering the title and the topic of this research, the discussions of this criminal provision only focus on criminal act of unwilling to report the property of cultural heritage stipulated in Article 23 paragraph (1) and Article 26 paragraph (4) along with Article 102 and Article 103 Act No 11 Year 2010 On Cultural Heritage. Theactionis categorized as criminal acts in Act No 11 Year 2010 on cultural heritage stipulated from Article 101 to Article 112 which states that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those who violate them. The obstacles in applying the criminal sanctions towards the act of “unwilling to report” the Discovery of Property of Cultural Heritage in Gampong Pande Banda Aceh are divided into two specific obstacles which are internal and external obstacles. The criminal liability and procedure supposed to be applied towards the act of unwilling to report the discovery of property of cultural heritage occurred in Gampong Pande Banda Aceh which is national Law is not used in handling this case because the Government of Aceh through the Department of Tourism and Culture allows the Banda Aceh citizens to gain profits from the discovery of ancient gold coin in krueng pande to pay zakat based on Aceh Qanun Regulation No 10 Year 2007 on Baitul Mal, article 19 paragraph 8. Thus, the regulation becomes an excuse for the crime in Article 102 and 103 Cultural Heritage Act occurred in Banda Aceh since the validity of Lex Specialis derogate lex generalis, where a special law overrides the common law.   Keywords : Criminal Act, Unwilling to Report, Property of Cultural Heritage
PENERAPAN PASAL 55 UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI DI UNIT PPA SAT.RESKRIM POLRESTABES MEDAN) Gabriellah Angelia Gultom; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Domestic Violence is not a new thing. Moreover the issue of Domestic Violence (KDRT) concerns also the issue of human rights. The existence of domestic violence can be caused by the lack of respect in fulfilling basic human rights. These basic human rights include equal rights and obligations within the law. The criminal acts of domestic violence committed by a husband to his wife or otherwise are often regarded as common in a family. Usually if there is domestic violence, both the perpetrator and the victim cover it. Because it would be considered a disgrace for their family. In fact, the act of violence is an act that violates the law and of course the perpetrators may be subject to criminal sanctions set forth in Law no. Law No. 23 of 2004 on the Elimination of Domestic Violence. All forms of domestic violence, in the event that the proof is stipulated in Article 55 of the PKDRT Law, which provides that as a valid evidence, the testimony of a victim witness is enough to prove that the defendant is guilty, if accompanied by a valid evidence others. This means that even the victim's witnesses who testified that he or she experienced domestic violence by their husbands or wives plus a valid evidence, the husband or wife as perpetrators can be held accountable in criminal cases. In addition to being added with one piece of evidence, domestic violence should be done within the scope of the household. Keywords : Criminal Act; Domestic Violence; and Polrestabes Medan.   PENDAHULUAN
TINJAUAN YURIDIS TERHADAP KEWENANGAN KPK DALAM PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA KORUPSI Muhammad Ilham; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The criminal act of corruption is an extraordinary crime so that Indonesia forms a KPK given a special task to eradicate corruption. After the KPK was formed, Indonesia had 3 (three) institutions tasked with eradicating corruption, namely the Police, the Attorney General's Office and the KPK. The authority of the Corruption Eradication Commission in conducting investigations and prosecutions of corruption crimes is different from other institutions so that this study discusses the authority of the Corruption Eradication Commission in conducting investigations and combating corruption. This study discusses 3 problem formulations, namely (1) the form of KPK's authority on investigating cases of corruption in law enforcement; (2) the form of KPK's prosecution authority in an effort to tackle criminal acts of corruption; (3) the efforts of the KPK in tackling corruption. The results of this study indicate that (1) the authority of the Corruption Eradication Commission on investigating corruption cases comes from the Criminal Procedure Code and Corruption Law where the Criminal Procedure Code is lex generalis and the Corruption Act is lex specialis and the Corruption Eradication Commission Law which is sub-specialist (2) the authority of the Corruption Eradication Commission against prosecution of criminal cases corruption comes from the KUHAP, the Corruption Act, the Prosecutor's Law and the KPK Law. In this case, the authority of the Criminal Procedure Code is lex generalis, the investigative authority in the Corruption Act is lex specialis compared to the Criminal Procedure Code, and the KPK Law is lex specialis compared to the Corruption Law; (c) Efforts to tackle criminal acts of corruption are carried out by the KPK by carrying out (a) prevention efforts; (b) Enforcement efforts in the form of investigation, investigation and prosecution of corruption committed by the KPK, coordination and supervision with the Police and the Attorney General's Office to conduct investigations, coordination and supervision with the Prosecutor's Office to prosecute corruption; (c) Efforts to monitor state administration. Keywords: Prosecutor's Office, Police, KPK, investigation, prosecution
ANALISIS YURIDIS MORATORIUM TERHADAP PEMBERIAN REMISI KEPADA NARAPIDANA TINDAK PIDANA KHUSUS Fitria Ramadhani Siregar; Alvi Syahrin; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The birth of Remission Moratorium Policy as outlined in Government Regulation No. 99 of 2012 has limited the remission to convicts who committed extraordinary crimes, the existence of the moratorium policy is considered as a form of fulfilling the sense of justice of the community who feel has been harmed as a result of the actions of prisoners the. However, the existence of the Regulation is subject to various rejections because it is against the legal norms and principles of human rights. Every prisoner of any crime is entitled to remission, since remission is a basic right for every prisoner without exception, and also one of the efforts in realizing the objective of the penitentiary system that is the guidance of the prisoners in the Penitentiary. This research use normative juridical research method, this research is analytical descriptive by using data collecting method by library research (Library Research), that is by examining secondary data in the form of primary law material like regulation of law, scientific books, journal, papers, articles, etc. Field study (Field Research) through interviews with related parties to serve as supporting or complementary data in conducting research. The results of this study indicate that the underlying remission of all inmates is that remission is a basic right for every prisoner listed in Article 14 Letter i Penal Law. The existence of remission as a supporter of the social reintegration process or reestablish good relations between prisoners and the community. The birth of the moratorium policy of granting remission to prisoners of special crime as outlined in Government Regulation no. 99 Year 2012 is based on the realization of a sense of justice for the community. The Birth of the Policy is expected to create a sense of justice for the people who have been affected due to the impact of extraordinary criminal practices in particular the criminal acts of corruption, narcotics and terrorism. Existence The moratorium policy of granting remission as set forth in Government Regulation No. 99 of 2012 is at a discriminatory value. the regulation does not comply with the norms of law and the principles of human rights.The implementation of the Policy of the  moratorium on remission as set forth in Article 34A Paragraphs 1, 2 and 3 of Government Regulation No. 99 of 2012 must meet the requirements of willing to cooperate in dismantling the criminal case (Justice Collaborator), has paid the fine and replacement money in accordance with the court decision, and has followed the deradicalization program organized by LAPAS. Keywords: moratorium, remission, prisoners, special crimes
FUNGSI REKAM MEDIK SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI DOKTER YANG MELAKUKAN TINDAKAN MEDIK Ariq Ablisar; Mahmud Mulyadi; Muhammad Ekaputra; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The legal relationship between patients with doctors can occur among other things because the patient himself went to the doctor to help treat the pain he suffered, in circumstances such as this happens the approval of will between the parties, and going legal relationship sourced against the treatment process and the advice given by a physician will be achieved when doctors can hold a reciprocal communication to the patients. A doctor who is willing to listen to the opinions and complaints of the patient, the patient will cause more willing to comply with the process of healing effort so that the aim of the agreement, namely the healing can be achieved. Setting the standard of the medical profession and the standards of health services as well as medical record setting in Indonesia. A doctor can be called have done wrong medical actions, namely does not make medical record when the doctor does not carry out the treatment process in accordance with the standard Procedural Operations (SPO) which has been set up in the education medicine, and when the doctor does not exercise his profession in accordance with KODEKI, UUK, UUPK, UURS, PERMENKES. With relatively minimal understanding of lay society, it is difficult to differentiate between medical risks with malpractice. It is based on that of a cure for the disease is not only based on the actions of health workers, but is also influenced by other factors such as the possibility of complications, durability of the body that are not the same, the compliance in treatment the therapeutic Regimen
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.
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