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PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK (JUVENILE JUSTICE SYSTEM) DI INDONESIA Aras Firdaus; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sexual crimes committed by children is not necessarily completely because of the desire of the children themselves. Children who commit violations of the law or committing criminal actions greatly influenced several other factors outside themselves like children Association, education, play and so on. Provide protection against children from the influence of the process of the formal criminal justice system, then the human thought has occurred or the legal and humanitarian experts to create formal rules of action issuing a child who commits a violation of the law or committing criminal acts from the criminal justice process by providing an alternative that is considered better for children. The issue raised in this research, is how form of legal protection for perpetrators of the criminal act of sexual crimes according to the provisions of laws and regulations, and how the role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crime. Result the studies show that form of legal protection against the perpetrators of sexual violence can be seen inside and outside of the criminal code and code of criminal procedure. According to the provisions of the criminal code stated that the overthrow of a punishment to a child is the last effort, and concerns the punishment given to a child that is different to adults. Code of criminal procedure specifies the rights of the child who became the suspect or defendant upon the criminal deeds he had done. The role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crimes began from the police institution is the institution of the first state to intervene against the child in conflict with the law. Arrests, anchoring, the investigation, and the investigation is the police authority to enforce the criminal justice system, which in the exercise of police authority given the task is diskresi where diskresi is the legal authority the authority in which the police has the right to continue or discontinue a matter. Based on this authority can divert police against a things of the child so that the child does not need to be confronted with the completion of the criminal court formally. Keywords: Sexual Violence, Children, Versioned

PERANAN KEJAKSAAN DALAM MELAKUKAN PENUNTUTAN PERKARA TINDAK PIDANA NARKOTIKA Cardiana Harahap; Chainur Arrasyid; Mahmud Mulyadi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A according to Article 30, paragraph 1, letter b of Law on Prosecuting Attorney, a prosecuting attorney, as a public prosecutor, has the authority to exercise prosecution on criminal act cases. In this case, it is especially in narcotics criminal act as it is stipulated in Law on Narcotics and is not separated from criminal justice system. The role of prosecuting attorneys in prosecuting narcotics criminal act perpetrators is by coordinating with the other law enforcement officials, especially BNN officials, the Police, and PPNS officials. Law on Narcotics does not deal with prosecuting attorneys in narcotics cases; they only agree on the beginning of investigation and receive minutes of investigation. The most dominant obstacle is the knowledge of the fact in the field because prosecuting attorneys cannot investigate narcotics cases in the field.It is recommended that prosecuting attorneys do discretion according to the prevailing laws and regulations, break through any regulation by putting forward justice, human rights, and public interest in exercising prosecution of narcotics criminal act cases since narcotics is related to public interest. Law on narcotics should provide authority for prosecuting attorneys to be investigators. Keywords: Role of Prosecuting Attorney, Prosecution, Narcotics Criminal Act

PENYITAAN HARTA KEKAYAAN PELAKU TINDAK PIDANA MONEY LAUNDERING DITINJAU DARI WAKTU TERJADINYA TINDAK PIDANA (TEMPUS DELICTI ) (Studi Putusan MARI No.1195/K/PIDSUS/ 2014) Elfirda Ade Putri; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Verdict of the Jakarta Pusat District Court No. 38/pidsus/tpic/2013/Pn.Jkt.Pst indicted Luthfi Hasan Ishak for committing money laundering with 18 year-imprisonment. The result of the research showed that the confiscation of the property which came from money laundering criminal act that occurred before tempus delicti could be performed as it was stipulated in Chapter V, part 4 from 38 until Article 46 of the Penal Code, and some part of it stipulated in Chapter XIV on Confiscation stipulated in Article 1, letter 16 of the Penal Code. The judge’s consideration in his verdict was not contrary to das solen and das sein. In this case, the defendant’s statement could not prove that his property was obtained from LHKPN so that the panel of judges concluded that his property came from corruption criminal act. Judges as part of law enforcement should improve their performance in their verdicts in upholding legal certainty, sense of justice, and benefit. Keywords: Confiscation of Property, Money Laundering, Tempus Delicti

ANALISIS PERATURAN MAHKAMAH AGUNG NO. 02 TAHUN 2012 PADA TAHAP PENYIDIKAN DI KEPOLISIAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI DI WILAYAH HUKUM POLRES LANGKAT) Rosyid Hartanto
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts and policies to create a good rule of criminal law in essence can not be separated from the purpose of crime prevention. Likewise regulations issued by the Supreme Court regarding the misdemeanor (Tipiring), namely: the Supreme Court Regulation No. 2 of 2012 on Limitation Adjustment light crime and the amount of penalties in the Criminal Code. Related to this research that addresses the crime of theft by weighting, then the crime of theft under $ value. 2.500.000, - (Two Million Five Hundred Thousand) can not be detained. The background to the Supreme Court Regulation No. 2 In 2012, the efforts to provide justice to the people, especially in settling disputes-minor criminal cases (Tipiring). Technically law called the Tipiring is a criminal offense punishable by imprisonment or a maximum of three months imprisonment and or a fine of up to Rp. 7.500, - (Seven Thousand Five Hundred Rupiah) and a mild insult. Therefore, the substance, the Supreme Court Regulation No. 2 of 2012 was actually not on the value of rupiah, but the crimes are legal threat than 3 (three) months and it is not required to be retained. In the Supreme Court Regulation No. 2 In 2012, Article 1, explained that the words Rp. 250, - (Two Hundred and Fifty Rupiah) in Article 364, 373, 379, 384, 407 and 482 of the Penal Code read as Rp. 2.500.000, - (Two Million Five Hundred Thousand). Later, in Article 2 paragraph (2) and (3) is described, if the value of the goods or the money is not worth more than 2.5 million dollars President of the Court immediately set the Single Judge to examine, hear and decide the case with the Fast Interrogation under Article 205-210 Criminal Procedure Code and the President of the Court do not provide for the detention or extension of detention. Keywords : Supreme Court, Limitation Adjustment, theft by weighting

ANALISIS TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI TERHADAP PENGADAAN BARANG DAN JASA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1793 K/PID.SUS/2014) Tunggul Yohannes; Syafruddin Kalo; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption criminal act and money laundering criminal act were closely related. It can be seen in Article 2, paragraph 1 of Law No. 8/20120. Goods/service procurement is personal and functional responsibility. Functional responsibility is divided into PA (budget user)/KPA (Proxy of Budget User), PPK (Commitment Making Official), ULP (Procurement Service Unit)/Procurement Official, and the Committee/Official that Receives Work Outcome). Judicial analysis of money laundering criminal act on procuring goods/service (A Study on the Ruling of the Supreme Court No. 1793 K/PID.SUS/2014), showed that the judge’s consideration at the Medan District Court in handing down his verdict by stating that the defendant, Tono alias Asia, had been proven to commit criminal act as stipulated in Article 5, paragraph 1 in conjunction with Article 2, paragraph 1, letter a of Law No. 8/2011 on the Prevention and Eradication of Money Laundering Criminal Act, that the the judge’s imposition on the sanction was not appropriate since the defendant had collectively committed corruption criminal act as stipulated in the primary indictment under Article 2, paragraph 1 of Law No. 20/2001 in conjunction with Article 55, the first paragraph 1 of the Criminal Code. Keywords: Money Laundering, Corruption, Procurement

KEDUDUKAN DAN KEKUATAN MENGIKAT DARI NOTA KESEPAHAMAN (MEMORANDUM OF UNDERSTANDING) DALAM PERSPEKTIF HUKUM KONTRAK DI INDONESIA Fernando Z. Tampubolon; Ningrum Natasya Sirait; Runtung Sitepu; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Practically, Memorandum of Understanding (MOU) is commonly used by stakeholders, with various reasons, to do business transaction or inter-institutional relationship. As an agreement which is placed in pre-contract and preliminary contract, it is usually misinterpreted as a part of a contract in Indonesia so that it usually causes problems for stakeholders when it ends in legal dispute among the stakeholders. Therefore, it is necessary to do judicial normative analysis on the real position and binding force of Memorandum of Understanding, viewed from contract law in Indonesia. In this case, descriptive analytic method inductively and logically was used in primary, secondary, and tertiary legal materials in order to obtain clear description of meaning and principles found in the Memorandum of Understanding. The result of the analysis on court’s consideration and verdicts shows that Memorandum of Understanding tends to be described as a contract according to the principles and provisions in the Civil Code so that the consideration deviates from the meaning of Memorandum of Understanding; that is, initial agreement is designed by the absence of legal consequence. In other words, Memorandum of Understanding is an agreement which comes from the stakeholders before everything is started seriously through a more and complex agreement in order to avoid damages of those who are involved in the agreement. When the contract is final and conclusive, Memorandum of Understanding can be equivalent with the principles and provisions under Article 1320 of the Indonesian Civil Code and, at the same time, Memorandum of Understanding has its substantial principles and becomes just a name. Keywords: Position, Binding Force, Memorandum of Understanding, Contract

PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA MAKAR OLEH ORGANISASI PAPUA MERDEKA (OPM) DI KABUPATEN JAYAWIJAYA (StudiPutusanNomor 38/Pid.B/2011/PN.Wmn) Lani Sujiagnes Panjaitan; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A mutiny criminal act is related to a state security. A munity threats legal interest and the safety of Unitary State of the Republic if Indonesia as stipulated in Chapter I book II of Penal Code which consist of three form, namely the mutiny which attacks the legal interests for the safety of Head of State or his/her Vice (Article 104 Penal Code), the unity of State regions (Article 106 Penal code), and the enforcement of State Government (Article 107 Penal Code. The formulations of problem in the research are whether the act done by the Liberating Papua Organization (LPO) is classified as mutiny, how the legal responsibilities towards the mutiny criminal act done by the LPO in the District Of Jayawijaya are, how the implementation of penal code on the mutiny criminal act done by the LPO in District of Jayawijaya based on the verdict No.38/Pid.B/2011/PN.Wmn is. The research result showed the act done by the LPO was a mutiny stipulated in the article 106 Penal code an hasfullfilled the elements whose goal was to conquer the region of state fully or partly under the foreign government with the intetion to separate some parts of the state region. The existence of conscious cooperation. Consequently, all defendants subjected tho the same crimes. Implementation of penal code towards the mutiny criminal act done the LPO in the verdict No.38/Pid.B/2011.PN.Wmn that the judge has implemented the Article 106 Penal Code Jo Article 55 clause (1) in the 1st , namely by sentencing 8 years in prison to every member of LPO. Keywords : mutiny criminal, Liberating Papua Organization

MENUJU GOOD GOVERNANCE DALAM PELAKSANAAN REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA (STUDI KASUS DWELLING TIME DI EMPAT PELABUHAN INDONESIA) Steffi Seline Maryanne Ginting; Faisal Akbar; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the case of acceleration dwelling time, the Ombidsman of the Republik of Indonesia( ORI ) escort up to the President and followed up for the improvement of public service in the port. ORI, as a bridge between the aspirations of the people with the public services and / public officials. The recommendations should be implemented in the public interest. Public services into spears ideals of good governance in a country. Where the law No. 25 of 2009 on the Public Service, in addition to aiming at being the protection and legal certainly for the people in the realm of public services, as well as the certain of the organization so that the public in accordance with the principles of good governance. Keywords : good governance , Ombidsman, dwelling time

ANALISIS KEBIJAKAN HUKUM PIDANA TERHADAP WARGA NEGARA ASING PELAKU TINDAK PIDANA NARKOTIKA Keke Wismana Purba; Muhammad Hamdan; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Application of criminal law policies against narcotics crimes in one country implemented based on the principle of the territory operates a place (locus delicti) as the basis for the enforcement of the law. The application of the sanctions law against citizens of the society including foreign nationals who break the law, expected to be positive for the development of the personality of the influential community. Implementation of the policy of criminal law in particular criminal dead is currently subject to a Presidential Determination No. 2 of 1964 On The implementation of the Criminal to death determined by the courts In General and military Judicial environment. Barriers of pre and post implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, namely the existence of a difference of understanding of the concept of the the policy of criminal law, pros cons among the public, academics, legal practitioners and law enforcers linked the implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, as well as the intervention of various countries linked the implementation of the policy of criminal law. Keywords: Criminal Law, Criminal Policy Dead, Foreign Citizens

PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU ATM TERTELAN DITINJAU DARI UU NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NO: 77/PEN/BPSK/MDN/2012) Donny Mangiring Tua Siburian; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transaction by using ATM (Automatic Teller Machine) has to be sure that his ATM card can withdraw money and secrecy of PIN (Personal Identification Number). A legal case in the ATM working system occurred that his ATM card was stuck in the machine and surprisingly he lost Rp. 76,800,000 from his accounts. The result of the research showed that protection for consumers in using ATM cards which are taken in ATM machines is regulated in Article 19, paragraph 1 of Law No. 8/1999 on Consumer Protection, Article 29, paragraph 5 of Law No. 10/1998 on Banking, the Regulation on Financial Service Authority No. 1/POJK.07/2013, and the Regulation of Bank Indonesia No. 16/1/PBI/2014 on Protection for Consumers as the Users of Financial System Service. It is recommended that regulation on legal protection for consumers whose ATM cards are taken in ATM machines, the uniformity of judge’s decision in BPSK verdict with the Court’s Ruling should also be established. Keywords: Legal Protection, ATM Card, Consumer Protection

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