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FORMULASI TENTANG PERLINDUNGAN NEGARA TERHADAP ANAK YANG MELAKUKAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus di Pengadilan Negeri Medan) Syaiful Asmi Hasibuan; Ediwarman Ediwarman; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Formulation of the goverment’s law abaut the children protection Indonesian’s legislation home envisaged that more abstract nature protection or protection indirectly. In the criminal acts of the domestic violence committed by children, the judges tend to prioritize the protection of children as actors, so that the protection of victims is sometimes neglected. It can be seen from the judgment and consideration of the judge to look at the perpetrators are still categorized as a child. The court needs to provide the most appropriate sanctions in children who committed the crime. Giving or sentencing in the case of a child has an educational purpose in imposing sanctions. The criminal’s law policy on children whose commit domestic violence should consider the penal’s policies that include protection against the perpetrators and victims in the enforcement process is done in the criminal justice system. In addition, it should be also pay attention to non-penal’s policy which includes repairing the social conditions of children in the sense of legal protection which we put in harmony between perpetrators and victims of crimes that children are not only in juridical protection, but also in non-judicial protection. Keywords: State Protection, Child For Actors, Domestic Violence (domestic violence).

ANALISIS HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF PSIKOLOGI KRIMINAL (STUDI KASUS PENGADILAN NEGERI MEDAN) Andi Supratman; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption is a social disease and parasite that harms a nation’s life aspects when it is practiced continuously in a big scale. Nowadays corruption can be classified into two points of view. First view states that corruption is from the individual of the corruptor. Second view, according to some experts, states that corruption is a social practice within a system. Since corruption cases in Indonesia are getting more massive, it is necessary to study the factors which cause corruption within the criminal psychological perspective. Corruption eradication can be carried out by the policy of the Penal Law; namely Penal and Non-penal policies. The objective of the research is to find out the legal administration, the factors which lead to corruption and penal law policy. The research applies judicial normative method which is grounded on library research to obtain materials related to the research problems. The instruments used to collect the data are library study and interview. Based on the results, the formulation of the Law on corruption has evolved substantially. The changes are seen from how the law makers put the regulations into a particular form of regulation. The Law on Corruption/ 1999 has set criminal weighing such as death penalty, particular minimum criminal sanction, higher fine, and more actions classified into corruption. Viewed from the criminal psychological perspective, the factors which cause corruption are derived from within the corruptor’s self; they are greedy and rapacious, and caused by basic human values such as hedonism, achievement as well as conformity. The strategy to eradicate corruption is by establishing Penal and Non penal policies. Penal policy is carried out by means of law enforcement i.e. involve the accused/defendant of corruption to reveal a case. Their participation is known as the Justice Collaborator and Whistle Blower. It is stipulated in the Circular Letter of the Supreme Court No.4/2011. Then, it can also be carried out by impoverishing the corruptor which has been enabled by the prevailing regulations; namely, the Article 18 of the Law on Corruption. Next, non-penal policy can be made by empowering the moral integrity of the law enforcers to enforce the law on corruption, namely empowering the welfare system or establishing political and economic risk system, and disseminate the understanding of corruption to the bureaucrats in either executive or legislative institutions, the law enforcers and all levels of the society. Keywords: Corruption, Psychology, Criminology.

ANALISIS HUKUM MENGENAI PENJATUHAN SANKSI PIDANA TERHADAP PELAKU USAHA PERTAMBANGAN TANPA TANAH TANPA IZIN USAHA PERTAMBANGAN DI KABUPATEN DELI SERDANG Zulham Effendy Harahap; Ediwarman Ediwarman; Madiasa Ablisar; Jusmadi Sikumbang Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The definition of mining according of the Law No.4/2009 Article I Paragraph I regarding mineral and coal mining is “part of or all of activity stages in terms of mineral and coal research, management, and business including general investigation, exploration, feasibility study, construction, mining, management, and purification, transportasion and sales, and post mining activities. In the specific law (lex spesialis), particularly, the Law No. 4/2009 regarding mineral and coal mining, the criminal provisions are stipulated in chapter XXIII, Article 158 to article 165. The penal provisions contains in this law regulates various permits such as IUP (Mining Business Permit). IPR, and IUPK. The Ruling of No. 1561/Pid.B/2014/PN.Mdn is about land mining activities. A case on a mining business without a permit happened in marindal, patumbak subdistrict, Deli Serdang District, Sumatera Utara Province. The businessman, in this case, was sendtenced to a year imprisonmen and finet to IDR I Billion based on the article 158 of the Law No.4/2009 regarding mineral and coal mining. The thesis applies judicial normative method with prescriptive analysis. It uses the theory of criminalization. The data of this thesis are legal material including primary, secondary, and tertiary legal materials and non-legal materials. It is also supported by statude, conceptual, and case approaches. The data are analyzed using qualitative method. Based on the research results, it can be concluded that firstly, in Chapter XXIII, Article 158 to Article 165, the provisions regulate various matters regarding IUP, IPR, and IUPK. In the government regulation and regional regulation, the criminal provisions tend to refer to, Law No.4/2009 regarding mineral and coal mining. Secondly, the people of Deli Serdang District Find it difficult to administer the mining permit. Aside from the document administration that takes months, the moral hazard of Deli Serdang District Government, particularly, in mining sector also becomes an abstacle to accelerate the mining permit administration. Theirdly, penal and non-penal provisions are criminal policies whose scopes consist of penal and non-penal. Keywords: Criminal Sancetion, Land Mining, Business Permit

KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCURIAN DENGAN MODUS PECAH KACA MOBIL DALAM PERSPEKTIF KRIMINOLOGI (Studi Kasus Putusan Pengadilan Negeri Stabat No. 404/Pid.B/2013/PN.Stabat) Fickry Abrar Pratama; Ediwarman Ediwarman; Mahmud Mulyadi; Syamsul Arifin
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Thefts with modus operandi by breaking windshields happen frequently in Indonesia. Since it increases in number, research on it from the criminological perspective in necessary in order to find out the causing factors. The Penal law can be used as the means to overcome this theft. Overcoming this crime by penal law can be categorized into the forms of penal and non penal efforts. The objective of teh research is to find out the factors that constitute this theft and the policy of penal law to overcome it. The formulation of problems in the research are how the legal regulation are in regard to this theft, what the causing factors are, modus operandi are, and how the penal law policy is to overcome this theft.The method used in the research is the judicial normative method, namely a method based on the library study in order to obtain the materials that meet the requirements. The instruments of data gathering are guidelines of interviews and library study. According to the research result, the theft with modus operandi by breaking the windshields is categorized into a theft with aggravation which is regulated in the Article 363 of the Penal Law. Theaggravating element is that there is an effort from the perpetrators to break a thing that prevents them from conducting their action and it is conducted by more than 2 persons. The factors that cause the theft with modus operandi by breaking the windshields are habit, environment, and benefit. The policy of the penal law to overcome this kind of theft can be divided into the penal and non penal forms. These are divided again into pre-adjudication phase. The pre-adjudication phase is the phase of filing to the police before getting into phase of court session and the adjudication is the hearing of the theft perpetrator to the court. Meanwhile, in the non penal efforts, the police have made preventive efforts, such as, by patrolling at critical hours either while wearing casual clothes or uniform to prevent the occurence of the theft. Keywords: Penal Policy, Theft with Modus Operandi by Breaking the Windshields

ANALISIS HUKUM MENGENAI SANKSI PIDANA PENJARA SEUMUR HIDUP TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DALAM PERSPEKTIF KRIMINOLOGI : STUDI PENGADILAN NEGERI MEDAN Marihot Tua Silitonga; Ediwarman Ediwarman; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT People’s relevance in the social and national life starts from an understanding that law is a part of the inherent system in human life. Therefore, we need a policy to improve or make the national KUHP (the Criminal Code) as the value in the society in order that it better reflects the personality of Indonesian nation. Today, life imprisonment is still an alternative to the imposition of death penalty for murderers; thus, it is necessary that life imprisonment be regulated by taking into account the existing interests, the factors that cause and need to be considered in imposing criminal sanctions. The research discussed some problems i.e. how the legal provisions regulated the criminal sanctions for a premeditated murder, how the process leading to life imprisonment for the criminal of a premeditated murder in criminology perspective, how the legal policy on the criminal of a premeditated murder. The results show that firstly, criminal sanction for the criminal of a premeditated murder is stipulated in article 340 of KUHP regarding the pronouncing of death penalty, life imprisonment and 20 year imprisonment. In addition, regarding the offenses stipulated in KUHP, it also regulates the types and criminal sanctions in article 10 of KUHP which is in force at present time. Secondly, the Judge continues to use the factors that cause the occurrence of such crime, namely internal and external factors to be taken into consideration in pronouncing a criminal case of premeditated murder. Thirdly, the criminal law policy is oriented on the reality that the criminal law policy implemented takes into more consideration the criminal’s behaviour and fate that he will become better in the future. Keywords: Crime, Premeditated Murder, Criminology

PENERAPAN PIDANA MATI DALAM HUKUM POSITIF DI INDONESIA KAITANNYA DENGAN HAK ASASI MANUSIA (DALAM PERKARA NOMOR 271/Pid.Sus/2016/PN. Mdn jo PERKARA NOMOR 395/Pid.Sus/2016/PT.Mdn) Rica Gusmarani; Ediwarman Ediwarman; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state of emergency of narcotics became the basis of the Indonesian Government's consideration to impose capital punishment on suspected drug cases in this case is Booking and Dealer which in fact have a destructive effect on the future of Indonesian youth. The application of capital punishment, both in Indonesia and countries in the world there are still many opinions that are pros and cons. capital punishment in the positive criminal law in Indonesia is still relevant to apply that in the future the formulation, implementation, and implementation of capital punishment shall pay attention to four important matters. First, capital punishment is no longer a principal punishment, but as a special and alternative criminal act. Secondly, capital punishment may be imposed with a ten-year probation which if the prisoner is liable can be changed with life imprisonment or for 20 years. Third, capital punishment can not be imposed on immature children. Fourth, the execution of capital punishment on pregnant women and a mentally insured person is suspended until the pregnant woman gives birth and the mentally ill prisoner is healed. On the other hand, the death penalty is also intended as a deterrence or detention for criminals, especially narcotics dealers and dealers whose actions can damage the physical and mental generation of young people who are the nation's shoots so that it can threaten the National Resilience of the Indonesian Nation. Keywords: Death Penalty, Narcotics Crime, Human Rights.

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

Penegakan Hukum Operasi Tertangkap Tangan Terhadap Tindak Pidana Korupsi Oleh Satuan Tugas Sapu Bersih Pungutan Liar: Studi Kasus No.58/Pid.Sus-TPK/2017/PN MDN Fuji Sasmita; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Illegal fee is one of corruptions that widely happen in public administration both at central or regional levels. The government has formed Satuan Tugas Sapu Bersih Pungutan Liar to fight illegal fee with red-handed operation. This research tries to investigate some problem: the regulation about Satuan Tugas Sapu Bersih Pungutan Liar to do red-handed operation, constraining factors in red handed operation and law enforcement policy in case of Medan District Court number 58/Pid.Sus/TPK/2017/PN MDN. The method used in this research is normative and empirical research. The nature of the research is descriptive analysis. The type of data used is secondary data derived from primary, secondary, and tertiry legal material. Secondary data are collected by literature study technique and field study with data collection tool in the form of interview. Furthermore, the data are analyzed by using qualitative analysis method. The result of the research shows that the regulation about Satuan Tugas sapu Bersih Pungutan Liar in red-handed operation has been arranged on President Regulation number 87/2016 and Governour Decision number 188.44/181/KPTS/2018. Meanwhile, the constraining factors are limited funds, facilities, difficulty in obtaining the information, community participation, lack of socialization, and culture. Concerning the policy of law enforcement as showed by Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN, is carried out analysis of the chronology of the case, the prosecutor’s charge, the prosecutor’s demand, the legal facts, the judge’s evidence, and the judge’s verdict. Based on the analysis of Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN there is inaccurate application about law. The prosecutor demand the defendant ESS with article 11. According to this analysis that the defendant should be demanded and decidec by using article 12 e about extortion. Keywords: illegal fee , criminal act of corruption, red-handen operation

Analisis Hukum Terhadap Penyelesaian Diluar Pengadilan (Diversi) Dalam Tindak Pidana Kekerasan Yang Dilakukan Oleh Anak Di Wilayah Polresta Kota Binjai Muhammad Rizal Aulia Lubis; Ediwarman Ediwarman; Marlina Marlina; Jusmadi Sikumbang
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Definition of diversion in Law No. 11 of 2012 Article 1 Paragraph 7 concerning the juvenile justice system. meaning "Diversion is the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice. No government regulation. 65 of 2015 concerning guidelines for the implementation of diversion and handling of children not yet (12 twelve) years old. Secret telegram letter (TR) of the Kabareskrim Polri No.Pol.TR/1124/XI/2006 and No.Pol Police's secret telegram (TR) kabareskrim. TR / 395 / DIT.I / VI / 2008 concerning the implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses. Case child commits a crime of violence in the Regional Police of the city of Binjai in North Sumatra province, a child under age has committed a crime of violence against other people. From this case, the Polresta Binjai sought a diversion process with a restorative justice approach. In the court decision of class 1-B Binjai No.11 / Pid.Sus.Anak / 2015 / PN.Bnj concerning the diversion decree. From the results research conducted, it can at concluded as following P ertama, In carrying out diversion, the regulations used are Law No. 11 of 2012 concerning the Child Criminal Justice System and instructions for the implementation of diversion issued by the National Police Kabareskrim namely Kabareskrim POLRI Secret Telegraph TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 concerning implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses, Government Regulation No.65 of 2015 concerning guidelines for the implementation of diversion and handling of children who are not (12 twelve) years old. Secondly, the factors that led to the crime of child abuse as perpetrators in the Binjai City Police Department consisted of economic factors, social factors, psychological factors. Of the three factors, psychological factors are the underlying factor in the child committing violence in this case. Psychological factors are vital for each human person in carrying out life in society. Unstable psychological factors in adolescents can cause disparities with adults and parents due to differences in age and pivotal patterns of their own actions and behaviors, psychological factors are behaviors / characteristics or personality of humans both seen from within and from outside on him, in this case the children always have a psychology that is still unstable and tends to be easily incited and act without thinking. Third, the non-criminal policy towards the completion of children who are perpetrators of violent crimes in the Polriesta Binjai area, namely conducting counseling, carrying out counseling for schools, carrying out routine raids, carrying out social services. Public participation in this regard Enabling activities among adolescents, Me mberiakan motivation or advice to children, provide religious education. Keywords : diversion , children , violence

Penerapan Pengakuan Bersalah Terdakwa sebagai Justice Collaborator dalam Sistem Peradilan Pidana Indonesia : Studi Putusan Pengadilan Negeri Pekanbaru Nomor 683/Pid.Sus/2016/PN Pbr. Rizky Novia Karolina; Ediwarman Ediwarman; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Defendant’s testimony as evidence has been known in the Indonesian criminal justice since HIR was in effect which was regulated in Article 307 HIR. After the KUHAP was promulgated, it was changed to defendant’s testimony which only states that he has committed a criminal act as it is being sued while in the evidence it has a broader scope which includes his testimony and denial.The implementation of defendant’s pleading guilty as justice collaborator is found in the Verdict No.683/Pid.Sus/2016/PN.Pbr in which the defendant is legally proven guilty of committing criminal act in drug abuse. On his pleading guilty, he is appointed as a justice collaborator, and the police develop the investigation until the real perpetrator.The reform of the criminal justice system in Indonesia in the RUUKUHAP accommodates defendant’s pleading guilty through Special Lane of the Plea Bargaining System which is relevant to Special System in Article 199RUUKUHAP in which a defendant pleads guilty of his illegal act with the sanction of less than 7 year-imprisonment, the public prosecutor can turn over the case to a brief interrogation and can simplify the long process of criminal justice in order to realize the principle of simple, quick, and inexpensive Administration of Justice. Keywords: pleading guilty, justice collaborator, plea bargaining

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