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All Journal Jurnal Akta JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) DOKTRINA: JOURNAL OF LAW Legalitas: Jurnal Hukum Jurnal Darma Agung Randwick International of Social Science Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences jurnal hukum das sollen International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Fundamental : Jurnal Ilmiah Hukum Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Bulletin of Community Engagement Rechtsnormen ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Kanun: Jurnal Ilmu Hukum Fundamental : Jurnal Ilmiah Hukum Journal Recht
Sahari, Alpi
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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Journal : JURNAL DOKTRIN

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ANALISIS YURIDIS TERHADAP SANKSI HUKUM KEPADA ANAK DIBAWAH UMUR YANG DIMANFAATKAN OLEH BANDAR NARKOTIKA SEBAGAI KURIR NARKOTIKA Gunawan Marthin Panjaitan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Narcotics crime cases that are happening today, dealers in narcotics trading involve minors as narcotics couriers whose job is to deliver or buy and sell narcotics. Involving children who are included to facilitate narcotics dealers in conducting transactions to deceive law enforcement officers. The factors that cause children to become drug couriers are the lack of supervision from parents; environmental factor; economic factors. Legal protection for children who are used as couriers in narcotics crimes, then based on Article 5 of Law No. 11 of 2012 concerning SPPA, a diversion process must be pursued with a restorative justice approach, starting from the process of investigation, prosecution to examination in court. criminal sanctions against children who become narcotics couriers, criminal sanctions are imposed or action is imposed, related to criminal sanctions Article 81 of Law no. 11 of 2012 concerning SPPA, the criminal sanction of imprisonment is (half) of the maximum threat of imprisonment for adults. Related actions are: returning to parents or guardians, treatment in mental hospitals, treatment at LPKS, obligations to attend education or training, repairs due to criminal acts (restorative justice).
PENERAPAN RESTORATIVE JUSTICE DALAM KASUS PENGANIAYAAN PADA KEJAKSAAN NEGERI DELI SERDANG Daniel Octavianus Sinaga; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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In Indonesia, in the implementation of punishments or crimes against perpetrators of abuse cases, law enforcers are more likely to process their crimes by ensnare and sentence the perpetrators to prison regardless of how the abuse case occurred, in which case law enforcers can make restorative efforts. justice with mediation bridges (mediates) the parties between the perpetrators and the victims without having to carry out a criminal law process but by imposing sanctions/punishments on compensation or medical expenses that have been suffered by the victims. The crime of persecution in the application of restorative justice at the Deli Serdang District Attorney level is a form of crime of persecution that can be applied to a restorative justice settlement, including: minor maltreatment, maltreatment of child perpetrators, abuse in which the perpetrator and the victim have an emotional relationship. The inhibiting factors in solving the crime of persecution through the application of restorative justice at the Deli Serdang District Attorney are influenced by law enforcement factors, legal substance factors, and cultural factors. The application of restorative justice for the settlement of the crime of persecution at the Deli Serdang District Attorney level is based on Prosecutor's Regulation No. 15 of 2020. Through the Prosecutor's Regulation, it is stated that the Public Prosecutor's authority is to close cases for the sake of law on the grounds that there has been a settlement of cases outside the court (afdoening buiten process). The terms, procedures, and mechanisms for conciliation efforts in ending prosecutions based on restorative justice by the Deli Serdang District Attorney are regulated by Prosecutor's Regulation No. 15 of 2020.
ANALISA YURIDIS PERTANGGUNG JAWABAN PIDANA LAKA LANTAS TUNGGAL YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (STUDI DI POLRES BATUBARA) Doni Irawan Harahap; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Road traffic and transportation are important in increasing social mobility for the people of Indonesia because all the time Indonesian people continue to be attached to various kinds of interests in the use of transportation. The Indonesian people must follow and comply with all traffic rules regulated by Law no. 22 of 2009 concerning Road Traffic and Transportation (UULDAJ). Road users often ignore traffic signs. UULDAJ contains sanctions for traffic violations and regulates matters regarding traffic crimes. Criminal provisions start from Article 273 to Article 317. Traffic accident is an incident on the road that is unexpected and unintentional involving a vehicle with or without other road users resulting in human casualties and/or property loss. A single accident is an accident that only involves one motor vehicle and does not involve other road users at all. Negligence in traffic that results in traffic accidents causing vehicle damage, causing injuries, and even death to other people is regulated in Article 310 of the UULLDAJ which determines criminal liability for anyone driving a motorized vehicle due to negligence resulting in traffic accidents with serious injuries to the victim shall be punished with imprisonment. maximum 5 years. Meanwhile, in the event of an accident that results in the death of another person, the punishment is a maximum imprisonment of 6 years. The Police Institution related to the Coal Police Station is the implementer of the duties and authorities of the National Police in the city district area. In connection with the event of an accident, the Police officer is obliged to handle the accident by going to the scene of the incident immediately, helping the victim, processing the scene of the case, regulating the smooth flow of traffic.
PEMUSNAHAN BARANG SITAAN TINDAK PIDANA NARKOTIKA DALAM RANGKA PENCEGAHAN PENYIMPANGAN PEREDARAN KEMBALI BARANG SITAAN DI MASYARAKAT (STUDI PADA KEJAKSAAN NEGERI BELAWAN) Aisyah Aisyah; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Narcotics confiscated goods that have been decided by the Court and have a decision that has permanent legal force, there are still very many that are not immediately destroyed, of course this has the risk of irregularities where the prohibited goods can be circulated back to the community. In carrying out the action of destroying narcotics evidence according to Article 26 paragraph 1 PP No. 40 of 2013 concerning the Implementation of Law No. 35 of 2009 concerning narcotics, law enforcement agencies that are allowed to destroy narcotics evidence are BNN investigators and POLRI investigators, and prosecutors. And there are 5 (five) factors in the obstacles to the destruction of confiscated goods from narcotics crimes. First; the legal factor itself, Second; law enforcement factors, Third; factor of facilities or facilities, Fourth; community factor. The Belawan District Prosecutor's Office has taken preventive action, namely control is carried out to prevent the possibility of undesirable things from happening in the future, preventive or preventive actions are carried out by the Belawan District Prosecutor's Office as the executor of the Court Decision, aiming to protect against bad things that may occur, such as loss or misuse of confiscated narcotics. It is recommended that in carrying out the destruction of confiscated narcotics, a joint decision be drawn up between the Police, BNN, Prosecutor's Office, Court, regarding the evidence submitted to the Prosecutor's Office, only the remaining laboratory results do not need a maximum of 10 grams, this is done to prevent irregularities from circulating narcotics back into the community.
EKSEKUSI BARANG SITAAN BERUPA ASET TIDAK BERGERAK HASIL TINDAK PIDANA KORUPSI Yogi Nugraha Setiawan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

The return of assets resulting from corruption has occupied an important position in eradicating corruption, so the success of eradicating corruption is not only measured by the success of punishment, but is also determined by the success rate of restoring state assets that have been corrupted. To find out the execution of confiscated goods in the form of immovable assets resulting from corruption, it is necessary to examine the authority of the prosecutor in carrying out the execution of confiscated goods in the form of immovable assets resulting from criminal acts of corruption, and the implementation of the prosecutor's authority in carrying out the execution of confiscated goods in the form of immovable assets resulting from criminal acts. corruption, as well as the obstacles faced in carrying out the execution of confiscated goods in the form of immovable assets resulting from criminal acts of corruption. It is known that the prosecutor's authority in carrying out the execution of immovable assets resulting from corruption is contained in Article 18 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. and the implementation of the prosecutor's authority in carrying out the execution of confiscated immovable assets resulting from corruption based on the provisions of PERJA No.013/A/JA/06/2014 concerning Asset Recovery Guidelines, confiscation of assets of perpetrators of corruption is an anticipatory step aimed at saving or preventing the escape of assets Country. The obstacles faced in carrying out the execution of confiscated assets resulting from corruption by the Prosecutor are the lack of instruments in efforts to confiscate assets resulting from criminal acts, and the systems and mechanisms in the seizure of assets from criminal acts have not been able to fully support law enforcement efforts
UPAYA PENEGAKAN HUKUM OLEH POLRI DALAM PENANGANAN TINDAK PIDANA BERDASARKAN KEADILAN RESTORATIF TERKAIT TINDAK PIDANA LALU LINTAS Hadi Nur; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

The problem of attitude in traffic is a common phenomenon in big cities in Indonesia. The variety of vehicle traffic and the increasing number of vehicles that are faster than the increase in road infrastructure have resulted in various traffic problems such as congestion and traffic accidents. Several traffic crime problems that commonly occur in Indonesia are caused by traffic driving violations without paying attention to traffic signs, causing traffic accidents or disturbing fellow road users. UU no. 22 of 2009 regulates matters regarding traffic crimes as regulated in Chapter XX. The settlement of traffic accident criminal cases by the police through the Restorative justice system is a guideline in the peace process outside the judiciary by using mediation in achieving justice. The obstacle in implementing the concept of restorative justice faced by the police is the absence of consent from the victim or family to forgive the perpetrator.
ANALISIS HUKUM TERHADAP NILAI PEMBUKTIAN KETERANGAN ANAK SEBAGAI SAKSI DALAM PERKARA PIDANA (STUDI PUTUSAN PN. LUBUK PAKAM NO. 1482/PID.B/2015/PN.LBP) Zefri Pandapotan Simamora; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

Witnesses are one of the legal means of evidence because they are used to reveal a fact. Witness statements are dug up to find the truth of criminal acts that are being examined from the investigation stage to the stage of the case examination process in court. Witness testimony given by a person who has met the requirements will not be a problem or debate, but if a witness statement is given by a child as a witness. Information from children as witnesses can have evidentiary value and can be used as legal evidence or not in court, considering that children as witnesses are not sworn in and children as witnesses are considered immature. Legal Position of Children as Witnesses in Lubuk Pakam District Court Decision No:1482/Pid.B/2015/Pn.Lbp, the age limit for child witnesses in proving as witnesses in criminal cases in the Criminal Procedure Code is that children are not yet fifteen years old and have never been married. Proof must be carried out according to valid evidence according to the law, and the judge's conviction. The testimony of a child witness is not legal evidence, but can be used as a guide, in addition to other legal evidence, and as a judge's conviction. Child protection as a witness has the right to medical rehabilitation and social rehabilitation efforts, both within the institution and outside the institution; security guarantees, whether physical, mental, or social; easy access to information about the progress of the case. Children who are in conflict with the law must be tried in a special court for children who are still in the general court environment. The process system for resolving child criminal cases in conflict with the law must be based on juvenile criminal justice procedures.
PENERAPAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PERUSAKAN BARANG (STUDI DI KEJAKSAAN NEGERI SERDANG BEDAGAI) Elon Unedo Pinondang; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

The law enforcement process recognizes the settlement of criminal cases by prioritizing restorative justice, which emphasizes restoration to its original state, in order to create a balance of protection so that the interests of victims and perpetrators of crimes are not only oriented towards retaliation, but rather towards efforts to settle cases outside the court. . but the application of restorative justice is still something new in Indonesian society, and in practice there are still many obstacles by law enforcers to seek restorative justice. law enforcement efforts in implementing restorative justice against perpetrators of criminal acts of damage to goods and obstacles to restorative justice against perpetrators of criminal acts of destruction of goods. Based on the research results, it is known that in implementing restorative justice, the Attorney General's Office issued RI Attorney Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. If a crime occurs, and the efforts of law enforcers to apply restorative justice to the perpetrators of criminal acts of damage to goods, the prosecutor as law enforcer has the right to terminate the prosecution based on Perja No. restorative justice. 15 of 2020, and the obstacles to restorative justice for perpetrators of criminal acts of damage to goods are internal and external obstacles.
KEBIJAKAN HUKUM DALAM PENANGGULANGAN TINDAK PIDANA YANG TERJADI PADA WARGA BINAAN DI LEMBAGA MASYARAKAT Heri Edrino Sihombing; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The correctional system is organized in the context of forming Correctional Families to become fully human beings, aware of mistakes, improve themselves and not repeat criminal acts so that they can be accepted again by society. The problems are the factors that cause criminal acts against inmates in the Medan Class I Penitentiary, and law enforcement efforts in tackling the occurrence of crimes that occur in inmates in the Medan Class I Penitentiary, as well as the obstacles faced by the Medan Class I Penitentiary in carrying out coaching for correctional inmates which has implications for the occurrence of criminal acts, the research method is normative juridical supported by empirical data. The results of his research are the factors that cause crime because of room capacity, economic inequality that causes social inequality, the number of wardens that are not proportional to the number of prisoners, there is no courtesy among fellow prisoners. Legal efforts carried out by the Medan Class I Lapas in dealing with crime use penal and non penal efforts, the obstacles faced by the Medan Class I Lapas are limited coaching facilities, and the factor of prison space capacity, as well as the level of education
OPTIMALISASI ON LINE SYSTEM REGISTRASI KENDARAAN BERMOTOR DALAM RANGKA PENANGGULANGAN TINDAK PIDANA PEMALSUAN DOKUMEN DI SAMSAT MEDAN Riduan Riduan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

The application of an on-line system in the field of Regident Ranmor has been carried out at the Traffic Directorate level with various strategic alignments in public service management which are translated into criteria such as competitive advantage, timeliness of service fulfillment, community satisfaction, labor productivity and profitability, but on line system as an effort to achieve the effectiveness of regindent ranmor services related to information technology development products to improve service quality and the management of information technology operations is currently still not optimal. The research method used in this thesis research is descriptiveanalytical with normative legal research. Based on the results of the research it was found that the crime of counterfeiting or abbreviated as the crime of counterfeiting is a crime in which there is a system of untruth or falsehood of a thing (object) that something appears from the outside as if it is true, even though in fact it is contrary to the truth. Countermeasures against the Crime of Forgery of Documents Through Optimization of the On Line System as a Non Penal Policy effort through a broader, strategic, integrated and controlled HTCK (Work Procedure Relations) in an on-line system for the development of an applicant identity data collection system at Dirlantas Poldasu with the Regional Revenue Service including with the Population Service in the Provsu area, for example making SOPs and Jukrah for handling KTP misuse found atthe request of the applicant for registration and identification of motorized vehicles at the time of registration, validation of STNK and payment of motor vehicle taxes. In addition, it is necessary to develop an on line system through the Secure Access Module (SAM)
Co-Authors AFFIRMANSYAH AGUSTA RIDHA MININ Agustian Sinurat Ahmad Fauzi Aisyah Aisyah Akalafikta Jaya Aldo Fahrezi Raja Muda Lubis Ario Putranto Aris Wibowo Arke Furman Ambat Asor Olodaiv Siagian Bagas Dwi Akbar Benyamin Sirait Boy Siregar Cardio S. Butar-Butar Chandra Priono Naibaho Daniel Octavianus Sinaga Daniel Oktavianus Sinaga Darman Lumban Raja Deddy Z Harahap Dimas Adit Sutono Doddy Hermawan Doni Irawan Harahap Edy Jhon Manalu Elon Unedo Pinondang Endang Pakpahan Erwin Wijaya Siahaan Fauzi, Ahmad Feri Efendi Foni Mega Wahyuni Ghofur Hidayat Gunawan Marthin Panjaitan Hadi Nur Hanifah, lda Hendro Wibowo Heri Edrino Sihombing Herzoni Saragih Horas Monang Jeffry Andi Gultom Hotdiatur Apri Wandi Purba Ida Nadirah Jarot Yusviq Andito Jayawarsa, A.A. Ketut Jorico Lavianchandra Junaidi Pardede Koto, Ismail M. Rikki Ramadhan Masfan Masfan Miroharjo, Didik Muhammad Agustiawan MUHAMMAD ARIFIN Muhammad Ikhwan Mukhtar I Kadoli Munawar Sadzali Mustafa Nasution Nadhya Puti Lenggo Geni Nadirah, Ida Nanci Yosepin Simbolon Napitupulu, Raffles Devit Marianto Onny Medaline Onny, Medaline P. A. JUANDA PANJAITAN Pinakri, Rapi Purwoko, Agus Raja Lubis, Mhd Riduan Riduan Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rizkan Zulyadi Selvin Triansih Septian Dwi Rianto Septian, Muhardani Budi Silaban, Erwin Ade Putra Simon Elika Simatupang Sinaga, Daniel Oktavianus Sirait, Benyamin Sitti Thrde Halawa Subrata, Bondan Suriadi Surya Perdana Surya Perdana Sutardjo, Romadhoni Syam, Ismail T Erwin Syahbana T Erwinsyahbana Tamami Dirga Jeis Tito Alhafezt Togi P. O Triono Eddy Triyadi Triyadi, Triyadi Wahyu Sukma Wenny Moechtar Yemi Mandagi Yenni Maya Sari Yogi Nugraha Setiawan Yohana Yohana Yohana, Yohana Yusuf Hondawantri Naibaho Zefri Pandapotan Simamora Zefri Pandapotan Simamora