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INDONESIA
JURNAL DOKTRIN
Published by Universitas Muhammadiyah Sumatera Utara
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Articles 42 Documents
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UPAYA PENEGAKKAN HUKUM DIREKTORAT RESERSE NARKOBA POLDASU DALAM MENGUNGKAP PEREDARAN NARKOTIKA JARINGAN INTERNASIONAL DI WILAYAH SUMATERA UTARA (STUDI DI POLDA SUMATERA UTARA) Triyadi, Triyadi; Sahari, Alpi
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The modus operandi of narcotics trafficking syndicates can easily penetrate the borders of countries in the world through neat management networks and sophisticated technology so that they can enter Indonesia as a transit country or even as a destination country for illegal narcotics trafficking (point of market-state).The formulation of the problem in this research is how the criminal law is regulated against international network narcotics traffickers in the North Sumatra region, and how the Regional Police's Narcotics Research Directorate uncovers the distribution of international network narcotics in the North Sumatra region, as well as what obstacles the Research Directorate finds. Regional Police Narcotics in uncovering international network narcotics distribution in the North Sumatra region. The research method used is empirical juridical legal research. The regulation of criminal law against narcotics dealers is regulated in Chapter Class II, and Class III Narcotics. And the North Sumatra Regional Police's Narcotics Investigation Directorate in uncovering the distribution of international network narcotics in the North Sumatra region took actions or steps such as pre-emptive action, preventive action and repressive action, and the obstacles found included limited police personnel, lack of facilities and infrastructure, and factors that include the ability of organizational resources so that pre-emptive actions, preventive actions and repressive actions are not maximized. Punishment sanctions against international network narcotics traffickers should be accompanied by confiscation of assets which are used for the recovery of the younger generation who have been damaged by narcotics, and additional infrastructure.
UPAYA PEMBUKTIAN OLEH JAKSA PENUNTUT UMUM DALAM TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (ANALISIS PUTUSAN NOMOR:504/PID.B/2020/PN.SRH) Sagala, Lamhot Heryanto; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The large number of criminal acts of theft occurring among Indonesian society has created a feeling of anxiety and fear of losing the property they own, therefore law enforcement efforts by the Prosecutor's Office must also be carried out seriously and professionally. The formulation of the problem is how to analyze the decision with aggravated theft in Decision Number: 504/Pid.B/2020/PN SRH, and what is the authority of the Prosecutor in trying to prove the crime of aggravated theft, as well as how to apply the law for the crime of aggravated theft in Decision Number: 504/Pid.B/2020/PN.Srh. The research method used is normative legal research. The legal provisions for the crime of aggravated theft are regulated in the provisions of Article 363 of the Criminal Code, categories of acts of theft that can be aggravated, due to the situation in which the theft is carried out, such as stealing livestock, stealing during riots, stealing at night, stealing from more than one perpetrator, and stealing by breaking into a house, and the Prosecutor's authority in trying to prove the crime of theft by aggravation, is as a functional official who is authorized by law to act as a public prosecutor and implement court decisions that have obtained permanent legal force and other authorities based on law. law, as well as the judge's consideration in the crime of theft with the aggravation of decision Number: 504/PID.B/2020/PN.SRH, that all the elements of Article 363 paragraph (1) 1st and 4th of the Criminal Code have been fulfilled and there is the Judge's confidence , then the Defendant must be declared to have been legally and convincingly proven as in the first alternative indictment. So, as a suggestion, the rules regarding criminal sanctions in the crime of theft with weights should be supplemented with compensation for losses experienced by the victim, and the prosecutor should be able to try to resolve theft cases through maximum restorative justice efforts.
OPTIMALISASI KEWENANGAN KEPALA DESA DALAM MEMBENTUK PERATURAN DESA (STUDI PADA DESA TIMBANG JAYA KABUPATEN LANGKAT ) Siregar, Azril Arianto; Faisal, Faisal
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The authority of the Village Head in forming Village Regulations as ordered by Law Number 6 of 2014 concerning Villages, namely carrying out village government and forming Village Regulations. This research aims to find out what legal provisions give the Village Head the authority to form Village Regulations, and what the Village Head's efforts are in optimizing the formation of Village Regulations, as well as what are the supporting and inhibiting factors for the Village Head in forming Village Regulations. This research is empirical juridical research. The results of research in the formation of Village Regulations in Timbang Jaya Village, Langkat Regency, there are obstacles in optimizing the formation of village regulations due to limited human resource capacity and minimal community involvement in the formation of Village Regulations, even though the Village Regulations that will be formed are aimed at developing Timbang Jaya Village. Then, the formation of Village Regulations is supported by the existence of facilities and infrastructure which are very supportive in the formation of Village Regulations for the sake of the formation of Village Regulations, where facilities and infrastructure support economic, social, cultural activities, as well as national unity and unity, especially as basic capital for the realization of prosperity. community in Timbang Jaya Village, Langkat Regency
ANALISIS HUKUM TINDAKAN MENYEBARKAN BERITA BOHONG YANG MENGAKIBATKAN KEONARAN MELALUI MEDIA ELEKTRONIK (ANALISIS PUTUSAN NOMOR:296/PID-SUS/2020/PN-SRH) Panjaitan, Dian Affandi; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The criminal case of spreading false news through electronic media using the Facebook application, in the jurisdiction of the Sei Rampa District Court, the case has been examined in case Number: 296/Pid-Sus/2020/PN-Srh, but the application of the law given is deemed inappropriate with the facts of the trial. The formulation of the problem is what the perspective of criminal law is regarding the act of spreading fake news which causes chaos through electronic media, and how criminal law is applied to perpetrators of spreading fake news, as well as how the judge considers perpetrators of spreading fake news. The research method used is normative legal research. The results of the discussion found that the act of spreading fake news which caused chaos through electronic media was regulated in Article 28 paragraphs (1) and (2) of the ITE Law, and the application of criminal law to perpetrators of spreading fake news in the decision by the Public Prosecutor using Article 14 paragraph 1 Law No. 1 of 1946 concerning Criminal Law Regulations, in conjunction with Article 27 paragraph 3 of the ITE Law, but in his Demand Letter the Prosecutor applied Article 27 paragraph 3 of the ITE Law against the Defendant, but the Prosecutor did not apply Article 28 paragraph (2) of the ITE Law. as well as the judge's consideration of the perpetrator of spreading fake news which caused chaos through electronic media in Decision Number: 296/Pid-Sus/2020/PN-Srh, which stated that the defendant was guilty of violating Article 27 paragraph 3, even though the defendant's actions tended to violate Article 14 paragraph 1 Law No. 1 of 1946 concerning Criminal Law Regulations. The criminal act of spreading fake news should be more comprehensively regulated in the ITE Law, so that there is no need to apply Law Number: 1 of 1946.
PELAKSANAAN PEMUSNAHAN BARANG SITAAN NARKOTIKA (STUDI KEJAKSAAN NEGERI SERDANG BEDAGAI) Parningotan, Richard Nayer; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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The large number of narcotics cases that have been successfully uncovered by law enforcers, until the narcotics traffickers have been convicted, means that it is the duty of law enforcers to then destroy the narcotics evidence that has been confirmed by the Court. Formulation of the problem of how to organize the destruction of confiscated narcotics goods, and the authority of the Prosecutor in carrying out the destruction of confiscated narcotics goods, as well as the obstacles faced by the Serdang Bedagai District Prosecutor's Office in destroying narcotics evidence. Empirical juridical research methods. The results of his research regarding the implementation of the destruction of confiscated narcotics goods are in Article 13 PP No. 40 of 2013, that confiscated goods are managed which includes confiscation, sealing, setting aside, testing, storing, securing, monitoring and destroying. The authority of the Prosecutor in carrying out the destruction of confiscated narcotics goods is permitted based on the Determination of the Head of the local District Prosecutor's Office, and based on the Court Decision. The Serdang Bedagai District Prosecutor's Office, in carrying out the destruction of narcotics evidence, was based on the Court Decision, but experienced internal obstacles, namely the location for destruction, the time limit for destruction, and the budget for destruction. related to external obstacles, namely the very high volume of narcotics cases, the absence of relevant institutions, so the suggestion is that it would be best if narcotics evidence could have been destroyed since the first instance court decision, so there is no need to wait for an final decision, and there should be special facilities provided for destruction. evidence of narcotics, so that possible adverse effects from destruction do not impact the environment and public health.
PERTANGGUNGJAWABAN HUKUM TERHADAP BANK DAN DEBITUR PENERIMA FASILITAS KREDIT BANK YANG TIDAK BERDASARKAN PRINSIP KEHATI-HATIAN (ANALISIS PUTUSAN NO:2767/PID.B/2020/PN.MDN) Adyaksa, Vicky Geraldo; Simatupang, Bachtiar
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Banks are companies that operate in the financial sector because they are always related to finance. Law No. 10 of 1998, explains that banks are business entities that collect funds from the public in the form of savings and distribute them to the public in the form of credit or other forms. The problem in this research is to analyze Providing Credit by Banks and Debtors to PT. Bank Tabungan Negara (BTN) Medan Branch where there were problems with the Defendant as Director of PT. Krisna Agung Yudha, who is none other than a debtor from the Bank, has handed over the original 93 SHGB to PT. State Savings Bank Medan branch to process the installation of the HGB Certificate Rights, namely 35 HGB Certificates which should be used as collateral at Bank BTN Medan Branch from the control of a Notary through an employee from the Notary's Office, that the defendant in taking the 35 HGB certificates did not have prior permission from Bank Tabungan Negara (BTN) Medan Branch. The research was conducted using normative juridical research. Based on the results of the research, it was found that there was an error in giving credit to the Debtor (Customer) where the Collateral that was the Guarantee for providing the Credit was still in the name of another person (Not Yet Changed Name).
UPAYA PENERAPAN DIVERSI OLEH JAKSA TERHADAP ANAK BERKONFLIK DENGAN HUKUM DI TINGKAT PENUNTUTAN (STUDI DI KEJARI SERDANG BEDAGAI) Sitinjak, Dicky Wirawan; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Criminal acts committed by children are a serious problem for the government in tackling criminal acts in Indonesia, where children are the perpetrators. As previously explained in the Indonesian constitution, the State guarantees every child's right to survival, growth and development and the right to protection from violence and discrimination, as explained in the 1945 Constitution Article 28 B paragraph 2. Because children are an important element of the State. The formulation of the problem is how to regulate diversion against ABH and how the Prosecutor's efforts to implement diversion against ABH, as well as what obstacles the Serdang Bedagai District Prosecutor's Office faces in efforts to implement diversion against ABH. Normative legal research methods. Regarding the provisions for diversion against ABH, it is regulated in Law No: 11 of 2012 UUSPPA, and efforts to implement diversion by Prosecutors against ABH, are regulated in PERJA No: PER-006/A/J.A/O4/2015 concerning Guidelines for Implementing Diversion in Prosecution Level, to respond to the mandate of the UUSPPA, in particular implementing the Prosecutor's obligation to seek diversion at the prosecution level. There are two types of obstacles found in implementing diversion, namely internal obstacles, namely special children's room facilities that do not meet standards and external obstacles that come from parties who are not willing to attend diversion deliberations. So the suggestion is that there should be an update in the UUSPPA because criminal acts committed by children are increasing, making ABH prevention regulations involving schools, parents and community leaders.
UPAYA KEPOLISIAN DALAM MENERAPKAN KEADILAN RESTORATIF TERHADAP KASUS TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI DI KEPOLISIAN DAERAH SUMATERA UTARA) Pinakri, Rapi; Sahari, Alpi
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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ITE crimes are increasingly common in Indonesia, so the National Police Chief issued Circular Number: SE/2/II/2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy and Productive Indonesian Digital Space. The National Police Chief asked National Police Investigators to prioritize restorative justice in resolving cases. The formulation of the problem is how the criminal law perspective applies in implementing restorative justice in ITE criminal cases, and how law enforcement efforts by the North Sumatra Regional Police are implemented in implementing restorative justice in ITE criminal cases, as well as what obstacles North Sumatra Regional Police investigators find in implementing restorative justice in ITE criminal cases. This research method is empirical juridical legal research. In implementing restorative justice in ITE cases, it is regulated in the National Police Chief's Circular Letter No.SE/8/VII/2018, Law enforcement efforts by the Police in implementing restorative justice are carried out namely the preparation, implementation and results stages of Restorative Justice. Obstacles for Police investigators in implementing restorative justice in ITE cases include internal factors including the lack of professionalism of investigators, the ability of the Investigating Organization's resources, and external factors including one of the parties not being willing to make peace, the victim's request to be paid compensation, the perpetrator not being willing to take responsibility. As a suggestion, restorative care should be regulated in law, and restorative efforts should be facilitated by investigators, and investigators should be given special training so that mediation through restorative justice facilities can be carried out well.
PENERAPAN RESTORATIVE JUSTICE TERHADAP ANAK BERHADAPAN DENGAN HUKUM DALAM TINDAK PIDANA PENCURIAN (STUDI DI KEJAKSAAN NEGERI SERDANG BEDAGAI) Girsang, Cosman Oktaniel; Eddy, Triono
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UUSPPA), regulates the resolution of children's cases by prioritizing the principles of restorative justice, the aim of which is to resolve in order to achieve justice. The formulation of the problem is what the criminal law policy is for ABH in the crime of theft, and how restorative justice is arranged for ABH, as well as how the Serdang Bedagai District Attorney's efforts are to implement restorative justice against ABH. Empirical juridical research methods. The results of the research are ABH's criminal law policy in criminal acts of theft, namely that children under 12 years of age are only given back to their parents, and restorative justice arrangements. Article 1 paragraph 6 UUSPPA explains restorative justice as the resolution of criminal cases involving the perpetrator. victims, families, to find a just solution with reinstatement, as well as efforts by Prosecutor Sergei to implement restorative justice against ABH, Article 7 Paragraph (2) UUSPPA formulates that Diversion must be pursued at the level of Investigation, Prosecution and examination of children's cases at the District Court, efforts This is a diversion deliberation. As a suggestion, in the criminal law policy towards ABH, the government should make regulations that prevent children from repeating their mistakes, such as child-friendly social punishments, and the opportunity to carry out diversion deliberations should not be limited to 30 days, because this time is very short and As a result, law enforcers have difficulties and diversion deliberations do not run optimally, and every law enforcement agency office that will carry out diversion deliberations should have a child-friendly room.
PERTANGGUNGJAWABAN PIDANA MENYALAHGUNAKAN KEWENANGAN YANG MENGAKIBATKAN MERUGIKAN KEUANGAN NEGARA (ANALISIS PUTUSAN NOMOR: 85/PID. SUS-TPK/2018/PN MDN) Hasibuan, Ardiansyah; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
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Corruption is closely related to the abuse of authority or influence that exists in a person's position as an official which deviates from legal provisions so that these actions have harmed the State's finances. The formulation of the problem is how to criminalize abuse of authority which results in harm to the State's finances, and what criminal responsibility is in cases of criminal acts of corruption committed due to abuse of authority, as well as how judges consider in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid.Sus-Tpk/2018/PN.Mdn). The research method used is normative legal research. In relation to the criminal regulation of abusing authority which results in harm to the State's finances, it is regulated in Article 3 of the Corruption Law and the criminal responsibility for corruption with the mode of abuse of authority under Article 3 of the Corruption Law must have an element of every person who has authority, so that the conditions for a person to be declared to have violated Article 3 namely that he must have the authority, position, title and consideration of the Panel of Judges in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid. Sus-Tpk/2018/PN.Mdn), Defendant "AS" was not legally and convincingly proven guilty of committing a crime as in the Primair indictment, however, Defendant "AS" was declared by the Panel of Judges to be legally and convincingly proven guilty of committing the crime of "Corruption abuseof authority” as stated in the indictment of the Subsidiary Public Prosecutor. So, as a suggestion, there should be regulations established so that the Prosecutor's Office is given the authority to supervise State Officials as the Authority for Using the Budget, since they are about to make policies, so that there are no abuses of authority that result in harm to State finances.

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