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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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PEMBERIAN RESTITUSI SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA PERDAGANGAN ORANG Rini Anggreini; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT   One of the forms of conflicts encountered in the community is the crime of human trafficking which can be categorized as modern slavery. Children who became victims of the criminal acts of trafficking such person need to be protected because a criminal offence against a child not only cause physical or psychological suffering that affect the growing of cotton and the quality of life of the child but also raises materially disadvantage or immateriil. Basically there are forms – form or model protection can be given to children as victims of trafficking which one is granting Restitution. There are rights that are owned by children of various legal instruments and rules that exist. The fulfillment of the rights of the child is also the protection of the law as an attempt to advance the child if the child is a victim of a criminal offence. One of the efforts of the legal protection and rights that is owned by a son who became a victim of a criminal act is a right to obtain restitution. In the Presidential Regulation Number 43/2017 about implementation of Restitution for child as a crime victims set up one about the mechanism of filing the Restitution. Filing a restitution mechanism can be divided into two stages, namely submitted at the stage of investigation and prosecution. In addition the application for restitution can also be submitted following the verdict of the Court. Various barriers or legal issues are still found in the Presidential Regulation Number 43/ 2017.   Keywords               :  Restitution, legal protection, children, Human Trafficking
PENEGAKAN HUKUM PENETAPAN TERSANGKA YANG BERASAL DARI PUTUSAN PRA-PERADILAN (STUDI KASUS PUTUSAN NO. 24/PID.PRA/2018/PN.JKT.SEL) Yoyok Adi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the Criminal Procedure Code, it is indeed regulated regarding control over the implementation of forced efforts by law enforcement officials, namely through pretrial institutions, specifically and limited to Article 77 of the Criminal Procedure Code. However, based on Republic of Indonesia's Constitutional Court Decision No. 21 / PUU-XII / 2014, dated 28 April 2015 that the validity of the Determination of Suspects, searches and seizures is part of the pre-trial authority. As the object of study and analysis in this study will discuss a case study of the Pre-Judicial Decision of the South Jakarta District Court No. 24 / Pid.Pra / 2018 / PN.JKT.SEL. The verdict was a pre-trial ruling filed by the Anti-Corruption Society (MAKI) related to the Century Bank corruption case which attracted the attention of many people both from anti-corruption activists and law academics even the wider community also gave great attention. Based on the foregoing, then as for legal issues in this study, namely: legal considerations regarding the order to carry out an investigation and assign a suspect in a criminal act of corruption against a person based on the Pre-Judicial Decision of the South Jakarta District Court 24 / Pid.Pra / 2018 / PN.Jkt.Sel., Associated with the authority of pre-trial institutions; the obligation of the investigator to order to carry out investigations and determine suspects based on pretrial decisions in corruption; and whether the pre-trial ruling that states that someone is involved in a criminal act of corruption can be used as preliminary evidence that a person can be made a suspect in a criminal act of corruption, or not. KeyWords : law enforcement; determination of the suspect; and pre-judicial decisions.
Tanggung Jawab Kejaksaan Terhadap Pengembalian Kerugian Keuangan Negara Oleh Pelaku Tindak Pidana Korupsi Teddy Lazuardi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In principle, the return of state financial losses by perpetrators of corruption is far more beneficial than punishing the perpetrators. Jampidsus Circular Number B-1113/F/ Fd.1/ 05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases, and Jampidsus Letter Number 765/F/Fd.1/04/2018 concerning Technical Guidelines for Handling Criminal Cases Corruption The Investigation Stage is a form of prosecutor's discretion which prioritizes the return of state financial losses because it can be useful for the inclusion of a budget for the receipt of state expenditure through non-tax state revenues from prosecutors. The problem raised in this research is how is the legal basis of the Republic of Indonesia's Attorney General's Office in making policies related to handling and settling cases of corruption in Indonesia, the authority possessed by investigating prosecutors towards relatively small perpetrators of corruption in the case of criminal offenders restore the state's financial losses and the responsibility of the investigating prosecutor in carrying out discretion against the perpetrators of corruption in the case of small amounts of state financial losses. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.   Keywords: Responsible, Returns, Losses, State Finance.
Pidana Cambuk Terhadap Pelaku Tindak Pidana Maisir di Wilayah Hukum Aceh Radian Putra; Madiasa Ablisar; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Indonesia, Aceh is the only province or territory to which makes the Islamic legal norms into Qanun, which applies since the year 2003. Qanun is meant is 12/2003 Number of Alcohol Qanun, Qanun 13/2003 Number of Maisir, Qanun and 14/2003 Number of Seclusion. The third position is legally the qanun is getting sturdier after the promulgation of Act No. 11/2006 of the Government of Aceh (BAL). Then the third the Qanun was replaced with the 6 year Number 2014 Qanun About Jinayat. Among the powers granted to Aceh by the legislation in the field of criminal law is the authority to include basic, forms, levels, limits, properties, and equality between different criminal legislation in force in Indonesia. The form of punishment whip was a form of punishment in the new legislation expected Indonesia could reduce the crime rate or breach of Shari'ah in Aceh. The principle of Islamic law in fact Jinayah him include the management and those settings is to create a sense of security and benefit for the community as well as the certainty of his upright God's law in the Earth Kingdom. Although the implementation of Islamic Sharia in Aceh is far from pristine, but the business as well as the wishes of the people of Aceh for safely syari'atau has reached the point of light and progress gradually, although it is indeed very difficult to run it kaffah . There is a fundamental difference against the application of the penalty of flogging in Aceh with the application of the penalty of flogging according to jinayah i.e. in terms of the number of lashes. This difference is caused due to the application of Islamic Sharia in Aceh has not fully reference such as what is taught in the religion and Islamic Sharia in Aceh implementation is done gradually and still in testing or rudimentary   Keywords: Qanun, A Criminal Offence, Maisir
Penegakan Hukum Pidana Terhadap Penyalahgunaan Senjata Api Pasca Perdamaian Di Aceh : Studi Di Wilayah Hukum Kepolisian Resor Aceh Timur Muhammad Iqbal Rozi; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The issue of the misuse of firearms in East Aceh after peace in Aceh is equally important for us to examine, namely regarding the issue of legal violations or criminal acts which after peace in Aceh there were many criminal acts of misuse of firearms, which occurred in several districts / cities in the province of Aceh, because many firearms left behind conflict or belonged to former combatants of the Free Aceh Movement who were still circulating freely in the midst of the community. Legal regulations governing the misuse of firearms, namely Law Number 8 of 1948 concerning Registration and Granting of Firearms Use Permits, Emergency Law Number 12 of 51 concerning Firearms, Perpu Number 20 of 1960, National Police Regulation Number 18 of 2015. Law enforcement carried out by the East Aceh Resort Police against perpetrators of firearms abuse starts from the stage of law enforcement at the level of investigation, the process of law enforcement at the level of investigation, the process of arrest, prosecution and enforcement processes in the trial. The constraints faced by the East Aceh police are weak supervision, lack of information from the community, constraints on the legal structure and legal culture of the community. While the efforts made by the East Aceh Resort Police to combat post-peace firearms abuse in Aceh were the first internal factors, among others, efforts to improve cooperation to obtain information, efforts to overcome human resource constraints, efforts to overcome legislative obstacles. The second external factor attempts to overcome the lack of community roles and efforts to overcome geographical constraints.   Keywords: Criminal Law Enforcement, Abuse of Firearms in East Aceh
Pertimbangan Hakim Tentang Pilihan Denda Sebagai Pemidanaan Pada Tindak Pidana Dalam KUHP : Studi Kasus Putusan No. 368/Pid.B/2015/PN.Kbj dan Putusan No. 299/Pid/2016/PT.Md Fhytta Imelda Sipayung; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Imprisonment was not always give effect deterrent means a convict, but the choice of imprisonment remains a Prima Donna and a popular choice for law enforcers, especially when the judge drop the verdict against the accused in the the trial. Despite the undeniable imprisonment is not the only option pemidanaan in the Criminal Code (Kitab Undang-Undang criminal law) which is positive law in Indonesia. There are other pemidanaan option should be used a law enforcement, criminal one is fine. Problems in the study is how the consideration of judges in criminal fines disconnected contained in criminal cases, how the criminal fines in the context of the criminal law and pemidanaan and how the application of criminal sanctions against the perpetrators criminal actions contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). Shove off from the problem, which is the purpose of this research is to know at once discover what into consideration judges in criminal fines disconnected contained in criminal cases, to know how the criminal fines in the context of criminal law and pemidanaan, as well as find out and analyze how the application of criminal sanctions against the perpetrators of the criminal act contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). We in this study are normative, law then principal data in this research is the primary data. Data collection is carried out by means of research libraries. As for the results of this research is the State Court judge that checks Kabanjahe and break the criminal Number 368/Pid. B/2015/PN. KBJ on behalf of defendant Relta Br. Tarigan dropping criminal fines against the defendant a number of Rp 2. 500,000,-(two million five hundred thousand dollars) and provisions when the fines are not paid changed with criminal confinement for 6 (six) months, where the verdict dropped based on Article 351 (1) of the CRIMINAL CODE, the number 2 year 2012 Perma, book Statute of the law of criminal procedure (CODE of CRIMINAL PROCEDURE) number 8 Year 1981 as well as other legal provisions concerned. Upon the verdict, the Prosecutor proposed the remedy of appeal. The difference in the view of the consideration of the Tribunal judges in the first instance and appellate Judge of the Tribunal in the High Court of Medan with Verdict Number 299/Pid/2016/PT. Mdn, just about the inclusion of Perma number 2 Year 2012 On the adjustment of the Limitation Criminal acts of light and the amount of the fine in the criminal code, but the Tribunal judges in the Appeal at the High Court of Medan still concurred the Tribunal Judges District Court with criminal dropping Kabanjahe fines against the defendant as the perpetrator of the the crime of persecution.   Keywords: consideration of the judge, fines, criminal act, criminal code.
Peran dan Fungsi Otoritas Jasa Keuangan Dalam Melindungi Konsumen Melalui Penyelidikan dan Penyidikan Tindak Pidana Perbankan : Studi Kasus Bank Perkreditan Rakyat Nusa Galang Makmur, Deli Serdang Teuku Fathir Mustafa; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In carrying out its duties and authorities based on independence and free from the intervention of any party, one of the tasks of the OJK is "Investigation" which is one of the OJK supervisory duties as referred to in Article 9 letter c of Law No. 21 of 2011 concerning the Financial Services Authority. If the occurrence of a criminal offense in the banking sector is carried out by an insider, there are several laws that are usually applied, namely: The Criminal Code, for example: Counterfeiting, Darkening, Emphasis in Position, Deception, and Theft, etc Law No. 31 of 1999 concerning Eradication of Corruption Crime as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crime; and Law No. 7 of 1992 concerning Banking as amended by Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking. The Financial Services Authority is expected to be able to realize a financial system that grows sustainably and stably and is able to protect the interests of consumers and society. Article 29 paragraph (1) Law No. 8 of 1999 concerning Consumer Protection, that the government is responsible for fostering the implementation of consumer protection which guarantees the rights of consumers and business actors and the obligations of consumers and business actors. The case of banking crime that was raised in this study is the allegation of "Banking Crimes at PT. BPR Nusa Galang Makmur, Deli Serdang North Sumatra ", which was allegedly carried out by the Managing Director of PT. BPR Nusa Galang Makmur. The President Director intentionally provided credit facilities to 34 debtors of Rp. 3,210,000,000, - which deviates from the banking provisions.   Keywords       :     financial services authority, consumer protection, banking crimes.
Aspek Hukum Pidana Pungutan Liar Terhadap Pelaku Tindak Pidana Korupsi : Studi di Kepolisian Daerah Sumatera Utara Yosua T.R. Panjaitan; Madiasa Ablisar; Edi Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Wild charges or abbreviated with the imposition of fees or pungli is asking for money forced by someone to another person which is the practice of crimes and breaking the law. Many people who complain and harmed by the presence of wild charges and not official just for personal interest or group. Pungli had damaged public order and cause mistrust of the community to the Government. Pungli practices within the bureaucracy caused by weak oversight and supervision among government agencies, although a number of internal and external oversight agencies has been in the form of bureaucratic culture among pungli, failed to diminish let alone eliminated. Article 1 step 5 law No. 8 of 1981 Year Book of the law of criminal procedure (CODE of CRIMINAL PROCEDURE), the investigation is a series of actions of investigators to search for and find an event that is thought to be a criminal offence in order to determine which can be or whether by way of investigation conducted under the Act. Task force saber in the response of wild charges criminal acts, then there are knowable constraints faced by UPP/task force on Clean Sweep Wild Levy, thus causing activities do not run in maximum or become less effective. barrier to coordination is the attitude of the law enforcement officers of the nonprofit agency centric i.e. each agency behaved he is the most powerful and most decisive so grow indifferent attitude towards the implementation of countermeasures of follow-up criminal saber pungli   Keywords: Wild, The Levy Investigation, The Perpetrators Of The Crime Of Corruption
Upaya Hukum Pasien Terhadap Tindakan Medis Yang Didasarkan Pada Persetujuan Medis Binsar Parulian Sitanggang; Bismar Nasution; Muhammad Ekaputra; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Approval of medical treatment carried out by the patient or the immediate family of the patient with the doctor can be held accountable in a civil or criminal manner. Therefore, it is necessary to examine the civil liability of medical personnel for medical treatment based on the approval of medical measures. criminal liability of medical personnel for medical action based on approval of medical action and patient's legal remedies for losses resulting from medical actions based on approval of medical action.   Keywords: doctor, patient and medical action approval
Kompetensi Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Terkait Penyalahgunaan Wewenang yang Mengakibatkan Kerugian Keuangan Negara Hiras Afandy Silaban; Alvi Syahrin; Budiman Ginting; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The results of this study concluded that (1) abuse of authority in administrative law and criminal law occurred when the officers have the Authority (either by attribution, delegation or mandate) does not implement the authority in accordance with the goal gave the authority. In this case, the abuse of authority may result in financial loss to the State between administrative law and criminal law are affected by the intention (mens rea) with a result of the Act (actus reus); (2) Dualism between the authority of the courts of criminal acts of Corruption by The country's Courts in the event of abuse of authority which resulted in financial losses of the country caused by the similarity of the concept, the subject of the intended norm (normadressat) and the desired behavior or behavior that is not desired (normgedrag) between the abuse of authority; (3) a court which has competency against the abuse of power that resulted in financial losses of the State is the country's Administrative Court and the Court of criminal acts of corruption. In this case, the competence of the courts of The States have restrictions (retriksi) about a time where The State Court can receive, check and disconnected or no abuse Report after the Examination and APIP before the Court of a criminal offence of corruption began the process towards the matter. In the matter of the petition examination submitted at trial after the criminal offence of corruption starts, then the process in court The State Court process must wait for the criminal offence of corruption is completed. Keywords :           corruption, abuse of authority
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