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Sumatera utara
INDONESIA
JURNAL DOKTRIN
Published by Universitas Muhammadiyah Sumatera Utara
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Articles 42 Documents
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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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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
PERLINDUNGAN HUKUM TERHADAP ASISTEN RUMAH TANGGA DALAM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (ANALISIS PUTUSAN NOMOR:791/Pid.B/2015/PN.Mdn) Johanes M. Aritonang; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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Household Assistants are vulnerable to arbitrary actions by their employers, where these arbitrary actions always occur in the house which is a private and personal area or area that cannot be reached by other people, even areas or areas that are very hidden from view. general vision. So to find out the legal protection for ART in domestic violence crimes, it is necessary to research on regulations related to legal protection for ART in domestic violence crimes, and efforts to resolve legal problems against ART in domestic violence crimes, as well as the obstacles faced in efforts to implement protection for ART victims. domestic violence. It is known that the regulation related to legal protection for ART in PKDRT is in Law no. 23 of 2004 concerning (UUPKDRT) Article 2 paragraph (1) letter (c) explains that the scope of the household includes. People who work help the household and stay in the household. People who work as referred to in letter c are considered as family members for the period of time they are in the household in question. And Efforts to resolve legal problems against ART in domestic violence crimes, by carrying out criminal legal efforts, which are the duties and authorities of institutions tasked with enforcing the law, by making complaints to law enforcement, namely the Police
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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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.
KEWENANGAN JAKSA DALAM PENERAPAN SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Roceberry Ceristanthy Damanik; T. Erwinsyahbana
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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The application of capital punishment to perpetrators of narcotics abuse which is under the authority of the Prosecutor as law enforcer, found obstacles related to the mechanism for implementing capital punishment which makes it difficult to carry out death penalty executions. The role and authority of theProsecutor in carrying out criminal law enforcement, according to Article 1 Paragraph (1) of the Prosecutor's Law, namely the Prosecutor is a functional official who is authorized to act as a Public Prosecutor and to Implement Court Decisions. Prosecutors to apply the death penalty for perpetrators of narcotics abuse in accordance with Article 270 of the Criminal Procedure Code Prosecutors are the Executors of Court Decisions that have obtained permanent legal force. and The procedure for executing capital punishment is explained in Perkap No. 12 of 2010 concerning Procedures for the Implementation of Death Penalties, as well as the factors that influence the implementation of the Prosecutor's authority to apply death penalty for perpetrators of narcotics abuse are First the legal factor itself, Second the law enforcement factor, Third the means of law enforcement, Fourth the community factor, Fifth cultural factors. Therefore, the Government should make a new regulation that provides a solution so that death row convicts do not try to find ways to delay the execution.
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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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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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.
PELAKSANAAN RESTITUSI OLEH JAKSA PENUNTUT UMUM BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (ANALISIS PUTUSAN PN. LUBUK PAKAM NO:312/PID.SUS-ANAK/2019/PN LP) Hendrik Dolok Tambunan; Ahmad Fauzi
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
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The trial process before the Panel of Judges in examining cases of criminal acts of sexual violence, it seems that children as victims are presented before the court only as witnesses in the trial process, without considering the rights of children as victims who must obtain compensation (restitution), compensation and rehabilitation , so that the judicial process in fulfilling the rights of victims has not implemented effective protection of victims, especially in cases of sexual violence involving children as victims who suffer more psychologically from trauma. Efforts to protect the law and rights possessed by children who are victims of criminal acts are the right to obtain restitution. The legal basis for regulating the restitution of children as victims of criminal acts of sexual violence is contained in Law no. 35 of 2009 and PP No. 43 of 2017. The public prosecutor has the authority to prosecute the defendant. 43 of 2017, the public prosecutor informs the victim of the rights of the victim of a crime of sexual violence to obtain restitution, and the procedure for submitting it before and/or in the trial process. Third, the obstacle faced by the prosecutor in applying for restitution in the prosecutor's letter of demand is law enforcement factors, not all public prosecutors have experience in handling the provision of restitution to victims of criminal cases of sexual violence.
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
ANALISIS PENERAPAN PASAL 127 TUNGGAL TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DALAM UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI DI DIREKTORAT RESERSE NARKOBA KEPOLISIAN DAERAH SUMATERA UTARA) Albret Duvry; Adi Mansar
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Narcotics abuse in Indonesia has reached the stage of concern, the problems raised are how the procedure for implementing rehabilitation for narcotics offenders, how to apply a single Article 127 to narcotics offenders, how the efforts of the Poldasu Narcotics Investigation in providing rehabilitation for narcotics offenders. The research method used is normative juridical research, Police Investigation Procedures qualify perpetrators as dealers and perpetrators as Narcotics abusers based on the investigative mechanism up to the filing of cases, based on mandated requirements with provisions related to rehabilitation, namely from the amount of evidence, an assessment is carried out by the Integrated Assessment Team formed by BNN. Single application of Article 127 When narcotics addicts or abusers are caught red-handed,evidence of narcotics is found in accordance with SEMA provisions No: 4 of 2010 concerning Placement, Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions. The effort made is discretion. To exercise discretion, the investigator examines witnesses, potential suspects, tests evidence and urine to the laboratory. After that, conduct a case title and determine the status as a suspect Article 127 paragraph 1 letter a JO Article 54 of the Narcotics Law JO Article 55 Paragraph (1) 1 of the Criminal Code in connection with fulfilling the elements of Articles 183 and 184 of the Criminal Procedure Code
PERANAN POLRI DALAM PENEGAKAN HUKUM PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA PANDEMI COVID-19 DI KOTA MEDAN Pamilu Hamonangan; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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The emergency PPKM policy was extended through PPKM policies with different levels in each region, in order to reduce the second wave of Covid-19 that has occurred since June 2021. The purpose of this research is to examine the supporting and inhibiting factors of the National Police in enforcing the PPKM law in Cities Medan, then to examine the application of sanctions against violators in implementing PPKM in Medan City, as well as to examine the role of the National Police as the Covid 19 task force in enforcing PPKM law in Medan City. The type of research in this research is normative research. The resultsof the research show that the supporting factors for the Indonesian National Police in serving the community are the involvement of the Government, the inhibiting factors are the limited budget for carrying out socialization, and the lack of human resources. Covid 19 in PPKM law enforcement in Medan City is maintaining security and publication during PPKM, enforcing the law for PPKM violations

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