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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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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)
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI EKONOMI DISERTAI KEKERASAN Rikardo Horas Uli Tua Simanjuntak; Ida Hanifah
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

Children must be protected from all forms of cruelty and oppression, in any form, even though there are already a set of regulations that protect children from the dangers of economic exploitation, and the problem of economic exploitation of children from year to year experiences very complex developments, so that child exploitation increases every year. annually indicates that there are significant obstacles that occur at the level of implementation. The discussion in this study is to analyze the factors that cause economic exploitation accompanied by violence against children, and criminal law policies in tackling child exploitation and as well as legal protection for child victims of economic exploitation accompanied by violence. This type of research is normative legal research. Based on the results of this study, it is concluded that the background that makes children victims of trafficking in persons is due to the motive of poverty, and difficulty finding work,  education, law enforcement against perpetrators of child exploitation crimes must be implemented strictly and indiscriminately, by implementing statutory regulations - promulgation along with the application of serious criminal threats is one step to be able to provide a deterrent effect for the perpetrators
ANALISIS YURIDIS TERHADAP TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK YANG BERMUATAN PERJUDIAN Bagas Dwi Akbar; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

Online gambling crimes consist of servers made by online bookies which are often placed in countries that legalize gambling, while the problem in this research is the Legal Arrangements for Criminal Liability for Parties Who Share Channel Links in which Online Gambling Content is contained. , Second, criminal responsibility for the actions of partieswho play gambling through online channel links. Third, law enforcement policies in efforts to deal with criminal acts of online gambling information technology, the research method uses normative type research and is descriptive analysis in nature. Research results ongambling content can be held criminally responsible for violating the provisions of Article 45 paragraph (2) in conjunction with Article 27 paragraph (2) of the ITE Law, Criminal liability for perpetrators of online gambling websites must fulfill the elements of legal responsibility in efforts to tackle criminal acts of online gambling information technology in essence the criminalization policy is part of the criminal policy by using criminal law means and therefore includes part of the criminal law policy.
UPAYA HUKUM PENUNTUTAN TINDAK PIDANA PEMBOBOLAN KARTU KREDIT MELALUI INTERNET DI KEJAKSAAN NEGERI DELI SERDANG Agustian Sinurat; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

The development of science and technology has shown beneficial results for human life, while on the other hand it has also given rise to social ills such as those that have an impact on the emergence of a crime, including carding crimes using computer capabilities to steal personal data from credit card owners. The formulation of the problem is what isthe mode of crime of credit card burglary via the internet in Indonesia, and what are the legal remedies and prosecution of criminal acts of credit card burglary via the internet at the Deli Serdang District Attorney, and what are the obstacles faced by the public prosecutor at the Deli Serdang District Attorney in the criminal credit card theft via the internet. The modus operandi of card fraud via the internet is in the form of discovering the credit card number to pay for ordering goods offered through internet sites, and for this act can be applied using Article 362 of the Criminal Code. Proof can use evidence as contained in Article 184 of the Criminal Procedure Code
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA MANIPULASI DATA PRIBADI SECARA ELEKTRONIK (STUDI PUTUSAN NOMOR:105/PID.SUS/2019/PN-PBR) Muhammad Agustiawan; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Information technology is currently a double-edged sword because apart from contributing to increasing human welfare, progress and civilization, it is also an effective means of unlawful acts including criminal acts (crimes). This study aims to analyze legal protection for victims of the crime of electronic personal data theft, the modus operandi used in the crime of electronic theft of personal data and legally analyze the crime of electronic manipulation of personal data in Decision Number: 105/Pid.Sus/ 2019/PN-Pbr. This research method uses normative research. Based on the results of this study, the finesanction still has confusion, meaning whether the fine came from the loss suffered by the victim or whether the fine was only the result of an act committed by the defendant based on the article imposed on the defendant. In the aquo case regarding fines, the judge imposed a fine on the defendant
KEWENANGAN JAKSA DALAM MELAKUKAN PENYIDIKAN TERHADAP TINDAK PIDANA KORUPSI Horas Monang Jeffry Andi Gultom; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

Law enforcement against criminal acts of corruption is considered very serious, so it is necessary for the Prosecutor's Office to be able to deal with criminal acts of corruption in accordance with the laws and regulations in force in Indonesia, which form the basis for prosecutors in conducting investigations into corruption cases contained in Law No: 16 of 2004 concerning the Prosecutor's Office is regulated in Article 30 paragraph (1) letter d. Prosecutors have the authority to conduct investigations into certain criminal acts. Law enforcement in the investigation of corruption by the North Sumatra High Prosecutor's Office which has increased the professionalism of investigators is important, because a misapplication of the article will be fatal to the subsequent law enforcement process and the inability to apply normative criminal law rules to concrete legal legal events that occur will have an impact on the bluntness of law enforcement, and the obstacles faced by the Attorney General's Office in carrying out Corruption Investigations are firstly internal constraints and Second, external constraints. ,. The Process of Recovering State Financial Losses through civil law means in the form of a civil lawsuit against a person involved in a corruption case, and a civil lawsuit against the convict and/or his heirs if the decision has permanent legal force
PERTANGGUNGJAWABAN PIDANA TERHADAP ADVOKAT AKIBAT SURAT PALSU YANG DIGUNAKAN KETIKA MEMBELA KEPENTINGAN HUKUM KLIEN (ANALISIS PUTUSAN NOMOR:618/PID.B/2019/PN.MDN) Munawar Sadzali; Alpi Sahari
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Many incidents that occurred in the community against advocates who were suspected of violating the professional code of ethics were reported to Police Investigators, ignoring the examination of advocates at the Advocate Honorary Council, even though advocates have the right of immunity. The author's aim is to analyze the criminal liability of advocates due to fake letters used when defending clients' legal interests, and the application of the right of immunity against advocates when carrying out their profession, as well as the legal considerations of the Panel of Judges due to fake letters used by advocates when defending clients' legal interests. The research method used is normative legal research. Based on the results of the research, it is known that advocates who use fake letters in carrying out their profession must first be proven to have violated Article 16 of the Advocate Law, in carrying out their duties to defend their clients it is proven that there is no good faith, then they can be subject to criminal liability, and the right of immunity for advocates applies as long as it is carried out in good faith, does not violate the Indonesian Advocate Code of Ethics, and does not violate statutory regulations when carrying out professional duties inside or outside the trial court. what he used was fake, as a suggestion, it would be better if the Law on Advocates contained provisions that investigators could designate advocates as suspects after an ethics trial 
PENEGAKAN HUKUM TERHADAP PELANGGARAN PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT DI MASA PANDEMI COVID-19 (STUDY KASUS DI CABANG KEJAKSAAN NEGERI DELI SERDANG DI PANCUR BATU) Rinda Adida Sihotang; Triono Eddy
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

The health protocol was formed with the aim that people can continue to carry out their activities safely and not endanger the security or health of others, by enforcing the law for violations of the Implementation of Restrictions on Community Activities (PPKMI). This study aims to analyze legal arrangements regarding the implementation of restrictions on community activities during the corona pandemic, to analyze law enforcement against violations of imposing restrictions on community activities during the corona pandemic and to analyze obstacles to law enforcement during the corona pandemic. This research method uses empirical research by conducting interviews at the Deli Serdang District Attorney's Office in Pancur Batu. Based on research resultsfrom 2020 to 2022 , Pancur Batu Cabjari handled 1 (one) PPKM violation committed by Hairos Waterpark, the handling mechanism was first Cabjari Deli Serdang in Pancur Batu received a file from the Medan Polrestabes regarding PPKM Prokes violations at Hairos Waterpark. After the file is declared complete, the file is transferred to the Lubuk Pakam District Court. The obstacles faced by the prosecutor at the Deli Serdang District Attorney's Office in Pancur Batu in enforcing the law during the corona  pandemic were the difficulty in summoning expert witnesses, and the absence of public witnesses who were present at the activities that violated PPKM carried out by"Hairos Waterpark". Information from experts and witnesses from the community who were present at the activity that violated PPKM was needed in proving related to health protocol violations
PENERAPAN NOMOR INDUK KENDARAAN BERMOTOR UNTUK MENGANTISIPASI DUPLIKASI DI REKTORAT LALU LINTAS POLDA SUMUT Mario Carden Yunior Sihaloho; Ahmad Fauzi
JURNAL DOKTRIN REVIEW Vol 2, No 1 (2023): Juni
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Abstract

Motorized Vehicle Identification Number (NIK) plays a very important role in the registration/registration of motorized vehicles, because it is from this machine frame number that a vehicle's history can be known. /assembled, from which factory the vehicle was made, the type of vehicle body, the type of driving motor, the year the vehicle was manufactured and the location of manufacture/assembly of the motorized vehicle as well as the number or production serial number of the vehicle we have or will buy. The application of NIK to Regindent Then is aimed at anticipating duplication that arises from the act of disguising, hiding and/or changing motor vehicle documentswhich requires motor vehicle makers/assemblies to print NIK in one of the following ways. or body parts that are not easily replaced). Second, it is printed on the NIK plate, which is then affixed/attached permanently to an integral part of the motorized vehicle. The research method used is normative legal research. Based on the results ofthe study it was found that misuse of motorized vehicle documents which resulted in duplication not only meant falsification of motorized vehicle documents, but also the designation for the use of motorized vehicles as formulated by laws and regulations, including the relevant Minister of Industry and Trade Regulation (SNI) as stated in ( NIK) that shows the location of the area where the modification maker is domiciled. Motor vehicles which require that each component industry company must meet the following SNI requirements: First, the motor vehicle assembly industry in its production activities may use imported motorized vehicles in a completely decomposedstate (CKD) or vehicles in an incompletely decomposed state (IKD). ). Second, every motorized vehicle to be produced or imported must be registered for its type in accordance with applicable regulations.
ANALISIS YURIDIS PERBUATAN DENGAN SENGAJA MEMBERI KESEMPATAN KEPADA KHALAYAK UMUM UNTUK MELAKUKAN PERMAINAN JUDI (ANALISIS PUTUSAN NOMOR:161/PId.B/2022/SRH) Silaban, Erwin Ade Putra; Sahari, Alpi
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The government has taken steps and efforts to curb gambling, limiting it to the smallest possible environment, gambling which still frequently occurs in the Legal Area of Serdang Bedagai Regency, such as KIM gambling carried out by Serdang Bedagai residents who have been convicted and found guilty as per Decision Number: 161 /Pid.B/2022/Srh. The formulation of the problem is how the provisions of the criminal act of deliberately giving the general public the opportunity to play gambling games, and how law enforcers attempt to apply criminal sanctions against perpetrators who open gambling businesses, as well as how the judge considers cases of criminal acts of deliberately giving the public an opportunity. It's common to play gambling games. The research method used is normative legal research. In relation to the criminal provisions, the act of intentionally giving the general public the opportunity to play gambling games is regulated in Article 303 of the Criminal Code, and law enforcement efforts in implementing criminal sanctions against perpetrators who open gambling businesses in the case of Decision Number: 161/PId.B/2022/ SRH, the Defendant as the perpetrator who carried out the action deliberately gave the general public the opportunity to play gambling games, and as a form of law enforcement, the defendant's actions are regulated and punishable by crime in Article 303 paragraph (1) 1st of the Criminal Code in conjunction with Article 303 paragraph (1) 2nd of the Criminal Code, as well as the Judge's Considerations in criminal cases involving intentionally giving the general public the opportunity to play gambling games.

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