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Sumatera utara
INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 16 Documents
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Search results for , issue "Vol 4, No 3 (2016)" : 16 Documents clear
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Indonesia as a State Party in the Convention on the Rights of the Child governing the principle of legal protection for the child is obliged to provide special protection to children in conflict with the law. One of the forms of child protection is realized through special criminal justice system for children in conflict with the law. This is confirmed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. The findings show that, the first is the legal protection of children as perpetrators of criminal acts is indispensable because it is useful for: 1) Children are not stablephysically and mentally, 2) To ensure the children freed from inhuman or demeaningpunishment, 3 ) To ensure the independence of the child, so as not seized unlawfully or arbitrarily, 4) To ensure that the criminal (penalty) applies only as an ultimumremedium; the second is the legal protection should be given to the child is the legal protection that covers several concepts as follows: 1) The concept of Restorative Justice; and 2) Concept of Diversy. The third isthe child criminal liability based on the judge's decision are as follows: Accepting an appeal from lawyer and public prosecutor of the child; strengtheningdecision ofMedan District Court No.:27/Pid.SUS.Anak/2014/PN.Mdn; Establish the length of children detained entirely deducted from the sentence imposed; Ordered the child remains in custody; Charge a second child in the case of judicial level, which is in the level of appeal for Rp.2.500,00 (Two thousand five hundred rupiahs).   Keywords : Legal Protection , Responsibility , Children Actors Crime.
PEMBANGUNAN RUMAH IBADAT DI KOTA MEDAN DALAM KONTEKS PERIZINAN (Studi Terhadap Peraturan Bersama Menteri Agama dan Menteri Dalam Negeri Nomor 9 dan Nomor 8 Tahun 2006 Tentang Izin Pembangunan Rumah Ibadat) Roni Eko Wisuda Rambe; Jusmadi Sikumbang; Mirza Nasution; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Legal substances establishment of houses of worship in the city of Medan is divided in three components namely the structural components of the law in this cases in the conceptual framework of the applicable rule and regulations regarding the licensing houses of worship, namely construction of 1945; Law No. 28 of 2002 on building regulations, along religious affairs minister and minister of interior number 9 and 8 of 2006 on the establishment houses of worship; towns and local regulations number 5 2012 concerning the levy of building permits. Component substance of the law, namely the legal entities related of governance of licensing house of worship in the city of Medan that the city administration of Medan, the ministry of religion and forum religious harmony city of Medan, department of spatial and urban planning, as well as the official licensing of integrated city of Medan, further substance component of the legal culture in this case is the implementations of such rules in a society that must be adapted to the system of values, norm and habits in urban terrain to run properly and effectively. Keywords  : Houses of Worship, Licensing, Legal Effectiveness
ANALISIS YURIDIS PERAN POLRI DALAM PENANGGULANGAN TINDAK PIDANA PEMALSUAN MATA UANG TERKAIT DENGAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Ronald F. C. Sipayung; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The role of Indonesian Police in coping with the criminal act of counterfeiting currency was  repressively performed through the enforcement of criminal law which is the action of eradication and the same time crushing the crime by the law enforces in criminal justice system. Coping with the crime through repressive action began from the Police Department assigned its members as investigators. Law on currency has formulated the expansion of the investigators activities within the framework of proving such as the investigator has the right/authority to open the access or to check and make copies of the electronic data saved in the computer file, internet networking, optical media, as well as all others forms of electronic data storage. The investigators may seize the evidence from the owner and provider of electronic services. Besides the repressive action, pre emtive and preventive actions are also needed through the socialization and inter-sectoral coordination wuth the holders of authorities in the field of currency.   Key words : Role of Indonesian Police, Criminal Act, Currency Counterfeiting.
PERWALIAN TERHADAP PENGURUSAN HARTA ANAK DI BAWAH UMUR (STUDI PENETAPAN PENGADILAN AGAMA BINJAI) Widya Widya; Tan Kamello; Rosnidar Sembiring; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

The authority of the judiciary to give guardianship of religion against the management of the property related to children under legal protection of the child's property is in absolute terms the judiciary has the authority to give religious rights of guardianship against the management of the property of minors upon petition of the closest family the child custody determination of a court through religion. The responsibility of a guardian appointed by the Court to oversee religious treasures children under in the guardian does not exercise its obligations properly is the responsibility of the child's property is under guardianship as well as losses incurred due to the fault or negligence. Consideration of law made by judges in the determination of the custody of property management related children under IE the judge has the right judges law give consideration in accordance with the regulations and the provisions of the legislation relating to such matters. As for the consideration of the Tribunal judges who favor legal purposes namely benefit in line with the objectives of Islamic law that is giving the benefit of the people, though in Islam has been to explain that the mother, father, or sibling is a trustee for the son or brother of the applicant who are still minors. Keyword : Guardianship, Children Treasure, Religion Court
PERLINDUNGAN HAK ATAS TANAH ULAYAT MASYARAKAT ADAT GAYO DI KABUPATEN BENER MERIAH Yowa Abardani Lauta; Syafruddin Kalo; Runtung Runtung; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights  in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (peruweren) of Uber-Uber and Blang Paku in Bener Meriah. Keywords: Ulayat rights, Adat Gayo Community, Bener Meriah District
PENERAPAN DIVERSI PADA TINGKAT PENUNTUT UMUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MENURUT UU NO 11 TAHUN 2012 (Studi Kasus di Cabang Kejaksaan Negeri Padangsidimpuan di Sibuhuan) Renhard Harve; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

A child is a nation’s next generation in which since a fetus until it is born it has its own right. As good citizens, we have to take our children, and this globalization era with it transparent information and technology, children will easily watch adult show in printed and electronic media so that their minds are   contaminated with adult presentation such as violence and amoral. This condition has caused a child to be involved in legal problems. The problems of the research were as follows: why a child that is in conflict with legal act should belong to Diversion system, how about the implementation of diversion process in the level of Prosecutors toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan at Sibuhuan, and what obstacles which existed in the implementation of Diversion in the Attorney’s Office of Padangsidimpuan at Sibuhuan. The objective of the research was to analyze why a child who had a conflict with law should be implemented Diversion system, to find out the implementation of law enforcers toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan, at Sibuhuan, and to find out the obstacles in implementing Diversion in the level of Attorney’s Office of Padangsidimpuan at Sibuhuan. The research used judicial normative and descriptive analytic approaches. The result of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of Diversion rather than the process of hearing in the Courts. Keywords: Diversion, Children who do Criminal Acts, Law Enforcers  

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