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INDONESIA
JURNAL DOKTRIN
Published by Universitas Muhammadiyah Sumatera Utara
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Articles 42 Documents
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ASPEK HUKUM MENGENAI TINDAK PIDANA TERHADAP PARA PELAKU KORUPSI Ismaidar -
JURNAL DOKTRIN Vol 3, No 5 (2015): JURNAL DOKTRIN - ASPEK HUKUM MENGENAI TINDAK PIDANA PARA PELAKU KORUPSI
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Abstract

Tindak pidana korupsi di Indonesia perkembangannya terus meningkat dari tahun ketahun. Tindak pidana korupsi telah menjadi suatu nkejahatan yang luar biasa, tetapi dituntut dengan cara yang luar biasa. Korupsi dapat menimbulkan bahaya terhadap kehidupan umat manusia, karena telah merambah kedunia pendidikan, kesehatanm penyediaan sandang pangan rakyat, keagamaan, dan fungsi-fungsi pelayanan sosial lainnya.
ADOPSI DALAM PERSFEKTIF HUKUM ISLAM Fitri Rafianti
JURNAL DOKTRIN Vol 3, No 6 (2015): JURNAL DOKTRIN - ADOPSI DALAM PERSFEKTIF HUKUM ISLAM
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Abstract

Pengangkatan anak atau yang lebih dikenal dengan istilah "Adopsi" yang dimaksud adalah mengambil anak orang lain menjadi anak sendiri dengan melalu suatu dilakukan demi mendapatkan kepastian hukum mengenai perubahan status dari anak angkat tersebut kedalam praktek kehidupan masyarakat karena tidak mempunyai anak karena tidak mempunyai anak laki-laki atau perempuan.
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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Abstract

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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Abstract

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.
PERTANGGUNG JAWABAN PIDANA KELALAIAN DALAM LALU LINTAS OLEH ANAK YANG MENYEBABKAN ORANG LAIN MENINGGAL DUNIA Lastarida Br Sitanggang; Surya Perdana
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

Traffic accidents involving children as perpetrators tend to be due to a lack of parental supervision of their children in giving permission to drive a motor vehicle, resulting in a traffic accident, then the child as a traffic accident criminal, to find out the criminal responsibility for negligence in traffic by children who cause others to die. Traffic accidents in general were previously regulated in Articles 359, 360, 361 of the Criminal Code and specifically regulated in Law Number: 22 of 2009 concerning Road Traffic and Transportation (UULLDAJ). In the event of a traffic accident, the legal provisions that must be applied are referring to UULLDAJ. And efforts to resolve legal problems against children who commit negligence in traffic by applying Article 6 of the UUSPPA, then diversion as an implementation of restorative justice seeks to restore recovery to a problem, by solving it outside the court by involving perpetrators, victims, families, and related parties. , for a diversion solution. Obstacles in implementing diversion, namely the lack of internal law enforcers who know about diversion; lack of facilities and amenities; minimal diversion time limit; difficulty summoning the parties; the external constraints of the parties are not present in the diversion process; there are parties who are not willing to make peace; victim's request; children do not want to be responsible; does not implement the results of the diversion.
DISPARITAS TUNTUTAN OLEH JAKSA PENUNTUT UMUM TERHADAP PENYALAH GUNA NARKOTIKA DI KEJAKSAAN NEGERI TOBA SAMOSIR Marlya Retta Bangun; Surya Perdana
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

Criminal disparities have deep consequences for convicts, namely the loss of the convict's sense of justice. In terms of the profession of judges in making decisions, disparity is the freedom given by law to judges to decide cases, freedom is given to judges because the facts of case trials are different from other cases. Meanwhile, on the prosecutor's side, the disparity of demands is also a form of freedom for the Public Prosecutor in processing the perpetrators of criminal acts. The factors causing the disparity in the prosecution of the public prosecutor for the crime are due to errors in the application of the article by the public prosecutor, and the calculation of the qualifications of the defendant's actions, and there is no regulation if the defendant has a dual role as a user or dealer; the impact of criminal disparity brought dissatisfaction to the Defendant and even society in general, as well as social jealousy and negative views by the community. Efforts to reduce the disparity in the demands of the Public Prosecutor at the Toba Samosir District Prosecutor's Office by implementing Guidelines Number 11 of 2021 concerning the Handling of Narcotics Crime Cases and/or narcotics crimes. So that criminal charges are prepared with a special approach, taking into account the qualifications of the crime, the role of the defendant, the type and weight of the evidence, and the casuistic circumstances in a comprehensive and proportional manner.
ANALISIS YURIDIS PERAN PENGADILAN DALAM UPAYA MEMBERIKAN LAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM M. Rizqi Darmawan; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

The State of Indonesia is a state of law, which means that all forms of problems concerning matters between citizens and citizens or citizens and the state (government), must be based on the laws and regulations in force in Indonesia. As a consequence, every citizen is also entitled to the same legal protection without exception. So the State understands this problem with the issuance of Law Number 16 of 2011 concerning Legal Aid as a real action in protecting the equality of its citizens before the law. The problems raised are the role and process of courts in providing legal aid to the poor, legal consequences for legal aid institutions that do not provide legal aid for the poor, and efforts by law enforcement agencies to provide legal assistance to the poor. The role and process of the court in providing legal aid to the poor who provide legal assistance to the accused or suspect still has the same position in the eyes of the law in accordance with the values of Pancasila which is socially just and does not discriminate, especially for economic differences. The legal consequences for legal aid institutions that do not provide legal aid for the poor will be sanctioned in accordance with the provisions of the applicable law, the Government through the ministry of law and human rights revokes funds for legal aid services for the poor (izim OBH). The efforts of the legal apparatus in providing legal assistance to the poor, namely the court guarantees that the suspect or defendant is accompanied by legal counsel in accordance with Law 16 of 2011 concerning Legal Aid.
KEBIJAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA ASUSILA (ANALISIS PUTUSAN PN LUBUK PAKAM NO:40/PID.SUS-ANAK/2018/PN.LBP) P.A Juanda Panjaitan; Triono Edy
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Abstract

Immoral crimes or immoral crimes include crimes such as: sexual intercourse, rape, obscenity, and so on are crimes that are currently very troubling for the Indonesian people, especially for women. minors and is also carried out by children who also need the legal protection of children's rights. Legal Regulations Against Children as Perpetrators in Immoral Crimes. The regulation of immoral crimes is regulated in Law no. 35 of 2014 is regulated in Article 76D, Article 76E, and criminal penalties for these acts are regulated in Article 81, and Article 82. The enactment of Law no. 11 of 2012. regulates several provisions regarding children in conflict with the law including the definition and age of the child, penalties/sanctions imposed on children as perpetrators of criminal acts, detention of children as perpetrators of criminal acts, examination of children as witnesses or victims, the right to obtain legal assistance. for children involved in the law, special child correctional institutions, diversion efforts based on restorative justice by law enforcement officers.
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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Abstract

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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Abstract

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.

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