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Edy Yunara
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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PEMIDANAAN TERHADAP OKNUM POLRI YANG MELAKUKAN TINDAK PIDANA ILLEGAL LOGGING Stevani Phinta Silaban; Alvi Syahrin; Suhaidi Suhaidi; Edy Yunara
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Illegal Logging is the act of violation of the law committed by any person or group or legal entities in the field of forestry. The overtrhrow of punishment against the person who did the crime police Illegal Logging should be his punishment in more heavy because according to section 13 of act number 2 of 2002 on State Police of The Republik Indonesia in which one of the tasks of the Police is to enforce the law. By using the methods of normative legal research this research will examine about the overthrow of punishment against the person who did the crime Police Illegal Logging and analyzing how the overthrow of punishment procces in the Labora Sitorus as Polres Raja Ampat members who commit criminal acts of Illegal Logging. The result showed that the overthrow of punishment against the police who did the Illegal Logging in section 78 act No. 41 of 1999 on forestry is said to be given criminal sanctions against any person heavy money unlawful din forestry. The overthrow of punishment against the police whi did the Illegal Logging to him must be given criminal heavy punishment because Labora Sitorus is the Police should not be confused with the penalty of civil society. In accordance with the provisions of book 1 of the Penal Code concerning heavy criminal. Basic consideration fo judges in a Judex Facti da until at the level of the supreme court is getting hard punishment Labora Sitorus into 15 years in prison because he found the wrong aplicationof the law and in consideration of its judges also to heavy the defendant because the defendant is a plurality of the national police.   Keywords : Criminalization, National Police Officers, Criminal Act, Illegal Logging
ANALISIS YURIDIS PENENTUAN KEDUDUKAN SAKSI PELAKU SEBAGAI JUSTICE COLLABORATORS DALAM TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI PEMATANG SIANTAR (Studi Putusan No: 231/Pid.Sus/2015/PN Secsio Jimec Nainggolan; Syafruddin Kalo; Mahmud Mulyadi; Edy Yunara
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Judge’s Ruling in Pematang Siantar District Court No. 231/Pid.Sus/2015/PN Pms decides lighter sentence than the prosecutor’s claim because the defendant is considered a justice collaborator. A defendant is considered to be a Justice Collaborator by Pematang Siantar District Court because he has helped as a witness and revealed the main narcotic dealer and the networks involved in the distribution of narcotics in Pematang Siantar and Simalungun District. The Judge considered that the defendant’s testimony as a justice collaborator of being cooperative. This case encourages a need to study the judge’s legal consideration in deciding the narcotic perpetrator as a justice collaborator in Pematang Siantar District Court. It needs to study whether the ruling which says that the narcotic perpetrator as a justice collaborator has been in accordance with the objective of the conviction. Keywords: Witness and Victim Protection Institution, Justice Collaborators, Narcotic Crime
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