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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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Analisis Yuridis Pemberian Justice Collaborator Pada Pelaku Tindak Pidana Narkotika : Studi di Kejaksaan Negeri Karo Pola Martua Siregar; Madiasa Ablisar; Muhammad Ekaputra; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Disclosure and verification of the perpetrators of narcotics crimes requires the provision of justice collaborators in resolving the narcotics crime. This was done so that law enforcement officials, especially in the Karo District Prosecutor's Office were able to uncover an organized narcotics crime in Tanah Karo. Therefore, it is necessary to examine the need for Justice Collaborators in an effort to uncover the occurrence of certain criminal acts, legal arrangements regarding justice collaborator in Indonesia and the application of justice collaborators to perpetrators of narcotics crimes in the Karo District Prosecutor's Office.   Keywords: narcotics crime, justice collaborator and prosecutor's office
Pelaksanaan Pembinaan Terhadap Narapidana di Lembaga Pemasyarakatan Kelas IIA Pematang Siantar Kesita Eva Lestina Lumban Tobing; Madiasa Ablisar; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The penal system adopted by Indonesia is regulated in the act invite N0.12 of 1995, this is implementation of imprisonment, which is a philosophical juridical changes of the prison system into a system. The system of increation emphasizes the element revenge and deterrence are gradually seen as something  systems and facilities that are not in line with the concept of rehabilitation and social reintegration and constitutes absorption and an inseparable part of values  contained in Pancasila and the 1945 constitution, from the result of the study showed that arrangement of training programs for prisoners in class IIA Pematangsiantar. Participants in the construction program are under construction personality and independence in the implementation has not been implemented optimally caused by several things, namely there is no separation construction of gender, age, type of crime, long sentence up not in accordance with the objectives of coaching, then the quality of human resources, number of construction workers, constructions budgets, and facilities  and facilities nt yet available adequate, for this reason, this is recommended that Pematangsiantar Class IIA penitentiary be recommended  to further enhance human resources for officers I employees the penitentiary with a variety of trainings, as well perform the construction in accordance with the rules in place.   Keywords: penal system, Coaching, inmate
Pertanggungjawaban Pidana Terhadap Orang Yang Membantu Melakukan Tindak Pidana Penipuan (Studi Putusan Pengadilan Negeri Medan No. 541/Pid.B/2015/PN.Mdn. jo. Putusan Mahkamah Agung RI No. 216K/PID/2016) Nanin Aprilia Fitriani; Sunarmi Sunarmi; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Non-Performing Loans are pure civil events between creditors and debtors, with assumptions as long as all the valid conditions of the Credit Agreement (PK) can be fulfilled by the parties including their collateral. With this condition, bad credit due to the inability of the debtor to pay off, the collateral can be auctioned through execution in court, which results in the auction to pay the loss of the bank or creditor. Bad credit can turn into a criminal event because there is a violation of law, both before and after the credit agreement is signed. As is known, there are 4 (four) conditions that must be fulfilled for the validity of a Credit Agreement, namely: The ability of legal subjects, the quality of legal subjects or not having legal standing to submit and sign a Credit Agreement; There is agreement between Creditors and Debtors, facta sunservanda, binding agreement as a law for those who make it; There is an object in this case borrowed money; and Causal, this Credit Agreement is made not to violate even the unwritten laws and regulations. In the example case raised in this study related to the provision of credit facilities by PT. Bank Sumut to customers who use third party collateral. The purpose of the provision of these credit facilities is to finance the Project "Concrete Jember Construction Work in Sako Estate, Central Kalimantan" which has been obtained by PT. Manunggal Adijaya Utama, as stated in the Contract (Work Order (SPK)) No. 107 / LOA-SKOE / VIII / 2009, August 11, 2009, with a Contract Value of Rp.1,160,000,000.- (One Billion One Hundred Sixty Million Rupiah). However, after the credit disbursement, it turned out that the funded project suffered a natural disaster, in other words the project became a loss.   Keywords : criminal liability, criminal acts; and fraudulent
Penegakan Hukum Terhadap Penyedia Narkotika Magic Mushroom : Studi Kasus Putusan Nomor 758 / Pid.Sus / 2016 / PN. Dps) Aldi Pramana; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Narcotics are one type of hazardous substance for humans. In its development narcotics are found which are sometimes unknown to the public. Like Magic mushroom, a type of fungus that grows in animal waste.Mushroom Magic Mushroom is not a type of fungus that we usually eat but mushrooms that can cause hallucinations and if consumed will make the user always happy or euphoric and can experience excessive sadness. In detail Magic Mushroom has the Latin name Panaeoluscyanescens also called cow dung mushroom or wong necklace or sacred mushroom, which grows on top of livestock manure in the form of toadstools that have flat oval spores and sporogonium tapered tips and white and will turn to ash gray to dark brown. In this case the author is interested in researching how the legal arrangements regarding narcotics Magic Mushroom and how the court considers in deciding the Magic Mushroom Narcotics Provider. This research method is legal research (legal research), to find the truth of coherence. This type of research is normative research. with a literature study of primary, secondary and tertiary legal materials. Based on the research that legal mushroom narcotics law regulation is found in the Law of the Republic of Indonesia Number 8 of 1996 concerning Ratification of Convention On Psychotropic Substances 1971 (Psychotropic Convention 1971). And Law Number 35 of 2009 concerning Narcotics. In addition, consideration of the court in deciding the Magic Mushroom Narcotics Provider or mushroom PanaeolucsyAnescens as Narcotics in Decision Number 758 / Pid.Sus / 2016 / PN Dps On behalf of the Defendant: KetutWinartha Researcher Disagrees with the Panel of Judges this is due to lack of legal certainty regarding magic The mushroom in the annex of Law No.35 of 2009 concerning Narcotics and judges also decides in doubt that the principle of dubio pro reo should apply rather than multi-interpretation.   Keywords: drugs, magic mushroom, psychotropic
Pemberantasan Tindak Pidana Money Laundering yang Berasal dari Tindak Pidana Narkotika Juna Karo-Karo; Bismar Nasution; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. One of the original crimes in the crime of money laundering is property acquired from narcotics crimes. Property acquired from the crime of narcotics transactions by both individuals and corporations is not directly used because of fear or indications of money laundering activities. For this reason, the perpetrators always try to hide the origin of these assets in various ways which include trying to include them in the financial system, ways taken in the form of hiding or disguising the origin of the assets with the intention of avoiding tracking efforts by the authorities. law enforcement as money laundering. The problems raised in this study, namely how the form of criminal law policy in overcoming the crime of money laundering originating from criminal acts of narcotics, the mechanism of criminal law enforcement against money laundering crimes originating from criminal acts of narcotics, and obstacles in the enforcement of criminal law against money laundering crimes originating from narcotics crime. In accordance with the above problems as for the purpose of this study is to find out and analyze the form of criminal law policy in dealing with criminal acts of money laundering originating from narcotics crime, the mechanism of criminal law enforcement against money laundering crimes originating from narcotics crimes, and obstacles barriers to criminal law enforcement against money laundering crimes originating from narcotics crimes. 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: law enforcement, money laundering, narcotics crime.
Tinjauan Yuridis Pertanggungjawaban Pidana Korupsi Pengadaan Alat Kesehatan Rsud Sidikalang : Studi Putusan Pengadilan Negeri Medan No. 61/Pid.Sus-Tpk/2016/PN-Mdn Rendra Alfonso Sitorus; Syafruddin Kalo; Mahmul Siregar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Bank Indonesia states that there are 3 (three) problems inhibiting the economic growth in Indonesia. Firstly, Indonesia lags behind in infrastructure; secondly, there is inefficiency in bureaucracy; and thirdly, corruption. Highest priority has been put on corruption to be overcome by Indonesians. Since the corruption in Indonesia has been systematical and widespread, not only does it financially harm the financial condition of the country, but it also extensively violates people’s social and economic rights. The practice of corruption may take place anywhere, such as in the public institutions, private institutes, and in daily life. KPK (the Corruption Eradication Committee) has recorded that the country has endured financial loss more than IDR 1 trillion due to corruptions in good and serviceprocurement. One of the regencies that procures goods and service is Dairi Regency i.e. the medical equipment procurement in Sidikalang Hospital, Dairi, pursuant to the Ruling of Medan District Court with Case No.61/Pid.Sus-TPK/2016/PN.Mdn pronounced to have financially harmed the country for IDR 551,357,374.- The results of the research demonstrate that the legal regulations on procurement of goods and service in Indonesia are divided into 3 (three) large parts, namely: (a) the Period of the Presidential Decree Number 80/2003 and its amendments, (b) the Period of Presidential Regulations Number 54/2010 and its amendments, and (c) the Period of Presidential Regulations Number 16//2018. The Legal status and authority of related parties in the Procurement of the Medical Equipment in Sidikalang Hospital is that the Director of Sidikalang Hospital as the Budget User is authorized to use the budget. NM as the Commitment Making Officer is liable for the execution of the procurement of goods/service. The legal consideration in the criminal act of corruption in the procurement of the medical equipment in Sidikalang Hospital based on the Ruling of Medan District Court Number 61/Pid.Sus-TPK/2016/PN.Mdn is that the decision is made after firstly distinguishing the element of “against the law” in article 2 paragraph (1) of Law on Acting Technical Implementation Officer from the element of “power abuse” in article 3 of Law on Acting Technical Implementation Officer. However, in the judge’s consideration, the qualificationof the defendant is not specified and accurate, so that it is difficult to accept the logic of the sentence. On the other hand, the panel of Judges has failed to present the defendant’s role which raises a question; whether the sentence is worth the faults and the defendant’s role in a quo case even though the judge pronounces lighter sentence than the prosecutors’ demands. Keywords: criminal act of corruption, government’s good/service procurement, penal liabilities
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