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ANALISIS HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF PSIKOLOGI KRIMINAL (STUDI KASUS PENGADILAN NEGERI MEDAN) Andi Supratman; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption is a social disease and parasite that harms a nation’s life aspects when it is practiced continuously in a big scale. Nowadays corruption can be classified into two points of view. First view states that corruption is from the individual of the corruptor. Second view, according to some experts, states that corruption is a social practice within a system. Since corruption cases in Indonesia are getting more massive, it is necessary to study the factors which cause corruption within the criminal psychological perspective. Corruption eradication can be carried out by the policy of the Penal Law; namely Penal and Non-penal policies. The objective of the research is to find out the legal administration, the factors which lead to corruption and penal law policy. The research applies judicial normative method which is grounded on library research to obtain materials related to the research problems. The instruments used to collect the data are library study and interview. Based on the results, the formulation of the Law on corruption has evolved substantially. The changes are seen from how the law makers put the regulations into a particular form of regulation. The Law on Corruption/ 1999 has set criminal weighing such as death penalty, particular minimum criminal sanction, higher fine, and more actions classified into corruption. Viewed from the criminal psychological perspective, the factors which cause corruption are derived from within the corruptor’s self; they are greedy and rapacious, and caused by basic human values such as hedonism, achievement as well as conformity. The strategy to eradicate corruption is by establishing Penal and Non penal policies. Penal policy is carried out by means of law enforcement i.e. involve the accused/defendant of corruption to reveal a case. Their participation is known as the Justice Collaborator and Whistle Blower. It is stipulated in the Circular Letter of the Supreme Court No.4/2011. Then, it can also be carried out by impoverishing the corruptor which has been enabled by the prevailing regulations; namely, the Article 18 of the Law on Corruption. Next, non-penal policy can be made by empowering the moral integrity of the law enforcers to enforce the law on corruption, namely empowering the welfare system or establishing political and economic risk system, and disseminate the understanding of corruption to the bureaucrats in either executive or legislative institutions, the law enforcers and all levels of the society. Keywords: Corruption, Psychology, Criminology.

ASPEK HUKUM PEMBERIAN IZIN PENGGUNAAN KENDARAAN DINAS DILINGKUNGAN SEKRETARIAT DAERAH KABUPATEN NIAS DIKAITKAN DENGAN PERATURAN PEMERINTAH NOMOR 27 TAHUN 2014 TENTANG PENGELOLAAN BARANG MILIK NEGARA/DAERAH Apnes Perlindungan Zaro Hura; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The use of official vehicles at the Regional Secretariat of Nias District from the administrative observation is viewed as the barometer to be followed by other agencies under the Nias District Government. The use of official vehicles is not in line with the official report because of lack of supervision by the state/regional-owned property management. The official vehicles used by the regional head, regional secretary, agency head, section head, and sections under the Regional Work Unit in the Regional Secretariat of Nias District are provided to aid and support their performances in carrying out their duties and work. The provision of license of official vehicles in the Regional Secretariat of Nias District was found out to be complicated and was inefficient, particularly on the application process for using the official vehicles for the applicants (Civil Servants) because there were so many approvals to get the license to use the official vehicles from the administrative structure of the organization in the Regional Secretariat of Nias District. Keywords : official vehicles, state/regional-owned property

PENJATUHAN PIDANA BERSYARAT DALAM TINDAK PIDANA LINGKUNGAN HIDUP (STUDI PUTUSAN NO. 319/PID/B/2013/PN.BB) Meilisa Bangun; Alvi Syahrin; Syamsul Arifin; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The implementation of probation does not apply solely on individual legal subject but also on corporate/ business entity as referred to in Verdict No. 319/Pid. B/2013/Pn. BB where the Defendant Lee Jong Hoan a.k.a Mr. Lee which categorized as the person who give order to proceed or the person who acted as the leader of the waste dumping activity to the environmental media without any permit. For the abovementioned action, Lee Jong Hoan a.k.a Mr. Lee is sentenced imprisonment for 10 (ten) months and do not have to undergo the imprisonment unless Lee Jong Hoan a.k.a Mr. Lee re-commit any criminal action before the probation period ends. The probation period applies for 1 (one) year, and sentenced Lee Jong Hoan a.k.a Mr. Lee to pay fine with the amount of IDR 5,000,00 (five million rupiah). The result of this research is that the provision regarding probation is not regulated in the Environmental regulation, but only in the KUHP. The sentence of conditional criminal charge in Verdict No. 319/Pid. B/ 2013/Pn. BB is not suitable because the act that the defendant committed is categorized as crime and the violation of environmental right, the penalty which was given to the defendant should be added to one-third because the defendant was the person who give order to commit the criminal activity. The sentence of probation in environmental crime should refer to KUHP. Keywords: Probation, Environmental Crime.

PENYIDIKAN KASUS TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI WILAYAH HUKUM POLSEK MEDAN BARU Nasrun Pasaribu; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Investigation is investigating a series of actions in terms and in the manner set forth in this law to search for and collect evidence with evidence that makes light of the crime that occurred and to find the suspect. One of the criminal offense of criminal disturbing the public lately is theft, one of which is theft by weighting. Criminal acts of theft with aggravating elements or in doctrine also often called or qualified theft, ie theft in the form of principal or ordinary theft coupled with aggravating elements. The purpose of this study to determine investigation of criminal cases of theft by weighting were conducted by police in Medan Baru police. The research problems are that how the implementation of the investigation of criminal offenses of theft by weighting in the jurisdiction of New Medan police? What are the factors inhibiting the investigation of the crime of theft by weighting in the jurisdiction of New Medan police? To answer these problems do research with normative juridical and sociological juridical. Source of research data is of primary legal materials, secondary law, and tertiary legal materials. The collection of data through primary data through field studies (field research) by interviewing informants namely Medan police chief and a New Investigator, and secondary data through library research (library research). Based on these results the investigation of cases of theft by weighting in the jurisdiction of the Police of Medan recently directed in accordance with the modus operandi committed by the suspect or offender is breaking the windshield, crack car tires, housebreaking / store, damaging the lock rail and use the keys T, using a false key, deprivation bag, bank ATM burglary. Factors that become an obstacle in the process of investigating the case of theft by weighting that barriers of law, resistance from law enforcement, and obstacles of legal culture. Police investigators are advised to continue a relationship of coordination with the public prosecutor, is not passive or wait and expected to be more proactive in order to resolve the criminal case of theft by weighting takes place quickly.

PERLINDUNGAN HUKUM TERHADAP DEBITUR (PELAKSANA PEKERJAAN) DALAM PELAKSANAAN PERJANJIAN UPAH BORONG (PARTISIPATIF) DALAM PROYEK SWAKELOLA DI LINGKUNGAN PEKERJAAN UMUM KABUPATEN DELI SERDANG Taufik Hasudungan Sihotang; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Government procurement of goods and service is a very essential part in the process of implementing the development. Without adequate equipment and infrastructure, the implementation of government’s work will be disturbed and it will not achieve the maximum results. In order to achieve such results, comprehensible legal regulations are required, especially regarding rights and obligations of parties that execute the work. It is closely related to the agreement made in the implementation of contracted works as stipulated in Article 1601 b of the Civil Code. According to the agreement, the work results can be accounted for in terms of its physic, finance, and usefulness for the uninterrupted flow of government work and service. The thesis discusses some problems, namely how the protection for debtor (work executor) is in the agreement to the contracted work wages (participating) in self management project at the public works of Deli Serdang Regency and how the protection for debtor (work executor) is in the implementation of the agreement to the contracted work wages (participating) in the self management project at the public works of Deli Serdang Regency. The thesis uses analytical prescriptive judicial normative research method. It used the theory of Legal Protection. The data were gathered by using primary, secondary, and tertiary legal materials, supported by approach methods, namely statute approach, conceptual approach and case approach. The gathered data were analyzed qualityatively. The results showed that: First, in the agreement to the contracted work wages between the debtor (private party/contractor) and the creditor (government /employer), the debtor had weaker position compared to the creditor. The debtor is vulnerable to endure loss that was uncertainly paid by the creditor. Secondly, the agreement to the contracted work wages did not reflect balance principle in which the debtor bear their own obligations, for which in this research the debtor took legal action to obtain legal protection, so that the agreement world reflect the balance principle. Keywords: Legal Protection, Debtor (Work Executor), Self Management

PEMBERIAN KREDIT DENGAN JAMINAN TANAH SURAT KETERANGAN (SK) CAMAT PADA PT. BANK RAKYAT INDONESIA (PERSERO) Tbk. CABANG MEDAN SISINGAMANGARAJA Muhayminah Muhayminah; Tan Kamello; Utary Maharany Barus; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Giving credit to the land security Certificate (SK) Head carried out by PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja to facilitate the debtor in obtaining loans for micro-enterprises, but SK Head can not be done Encumbrance because not registered in the State Land Board that need to disertipikatkan. Based on the above background that problems found first legal power of SK Head over land ownership, two credit granting process with guaranteed SK Head at PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja, and three legal protection against creditors in their lending with collateral land use Letter Head. Keywords : Bank , Credit, Guarantee, Letter Heads

ANALISIS YURIDIS PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN DAN HUKUM PERJANJIAN Apri Amalia; Budiman Ginting; Agusmidah Agusmidah; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The labor agreement clause in PKWT in the form of a clause against the period of time the work done based on the type and nature of work, as well as a period in extension and renewal. The termination of the working relationship in the clause set in article 61 of ACT No. 13 of 2003 on Labor. Clause to rights and obligations is the trade off between the workers and employers. The main thing in the rights and obligations i.e. workers are entitled to a wage and employers shall be obliged to pay the wages, worker safety and health are entitled to work and employers are obligated to give it as well employers are entitled a good production results from the work of the workers. In the legal position of workers in article 59 paragraph (7) of the ACT. No.13 of 2003 on Labor that PKWT implementation does not comply with legislation then turn into PKWTT and affirmed in Kepmenaker No. 100/MEN/VI/2004 in article 15. As for the protection of workers, namely the protection of the right to healthcare, protection of right to health care, protection of rights of security/safety and the right end of the working relationship in the form of severance money, money reimbursement rights and money Awards working period. Keywords: worker/labour, working time agreements, employment law, the law of treaties.

WARISAN ANAK ANGKAT MENURUT HUKUM ADAT DAN KOMPILASI HUKUM ISLAM Mifa Al Fahmi; Hasballah Thaib; Hashim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Civil law in Indonesia are still pluralism because until now still apply customary law, Islamic law and Western law. The law of inheritance is a part of the law of family who played an important role, even define and reflect the prevailing family system in the community. In this case there are some differences between the existing legal system against the adoption of children in Indonesia. So sometimes becomes an endless discussion towards inheritance for the adopted child. Based on the above background found problems: first the position of adopted children in customary law and Islamic law, second compilation of inheritance adopted children in customary law and Islamic law, third compilation serves parts of adopted children in inheritance law and compile Islamic law. Islamic law is not the presence of adoption so far belies the adoption was done for welfare and education for the child. Adoption does not disconnect from the adopted child with the biological parents. There are no relations between the adopted child to inherit with the adoptive parents. However in the compilation of Islamic law on the set of wills wajibah, so that the adopted child can be given no more than a third of the estate. Unlike the customary law system, the position of adopted children is influenced by the system of kinship or descent, the position of adopted children varies from one region to the other. Adoption can just break the connection of the adopted children against parents, siblings or children of adoption do not disconnect from the adopted child with her biological parents. So is the adopted son of inheritance. Each of the customary law in the area have different settings, there is that because adoption then arises of the relationship between the adoptive parents ' inheritance and vice versa. Similarly, with the portion for adopted children who inherit a system of customary law that the adopted child is given the rights of inheritance from adoptive parents. This inheritance portion against the arrangements differ from one region to the other. Keywords: Inheritance, Adoption, Probate

PEMBERIAN REHABILITASI TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA (STUDI KASUS TIGA PUTUSAN PENGADILAN) Jefrianto Sembiring; Mahmud Mulyadi; Marlina Marlina; Edy Ihkhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal basis over the granting of rehabilitation against the perpetrators of the crime of narcotics is according to the provisions of Act No. 35 of 2009, and Act No. 11 in 2012. Rehabilitation is a facility to its semi closed, meaning only certain people with special interests who can enter this area. Rehabilitation of narcotics is a place that provides skills training and knowledge to prevent yourself from narcotics. According to Act No. 35 of 2009, there are two types of rehabilitation medical rehabilitation and rehabilitation that is social. The consideration of judges in evaluating the trial in the case of narcotics that kids do is dropping the criminal narcotics by doing rehabilitation against the defendant. The judge stated that in the legislation of criminal justice system of children of a troubled with the law is referred to as a bad boy. The judge stated that truly matter in the indictment the public prosecutor, the judge nevertheless looked in the criminal penalties against giving users of narcotics offenders children, then by observing the main principle for the children's best interests for the child, namely in the dropping of sanctions, then the provisions of the rehabilitation of medical and social rehabilitation for the defendant can be applied. Key Words: Rehabilitation, Children, Crime Of Narcotics

PERTANGGUNGJAWABAN PIDANA PELAKU PENGHINAAN MELALUI LAYANAN PESAN SINGKAT ATAU SMS (SHORT MESSAGE SERVICE) (Studi Putusan: Pengadilan Negeri Sumenep Nomor: 70/Pid.B/2010/PN.SMP, Putusan Pengadilan Negeri Pati Nomor: 45/Pid.Sus/2013/PN.Pt, Putusan Pengadil Rumia R.A.C Lumbanraja; Syafruddin Kalo; Madiasa Ablisar; Keizerina Devi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Technological Development causes new legal problem, humiliation which is done through electronic Short Message Service (SMS). Humiliation case is regulated in Article 310-321 of the KUHP (the Criminal Code). Since SMS is an electronic service, the Government issued UU ITE 9Law No. 11/2008 on ITE or Electronic Information and Technology). There is the difference in the implementation of law: 1) how about the implementation of the evidence for humiliation criminal acts through SMS, and 2) how about the criminal liability of perpetrator of humiliation through SMS. From the evidence aspect, the KUHP has no evidence for electronic case while SMS is interpreted as a written form which is regarded and categorized in the KUHAP as a letter as it is stipulated in Article 187, letter d of the KUHAP which is only in effect if there is another evidence related to other evidence. According to Article 1, figure 1 of Law No. 11/2008 on ITE, SMS is electronic information, electronic data in a written form which can be accepted as valid evidence as it is stipulated in Article 5 of UU ITE. The perpetrator of humiliation through SMS has legal liability since it has fulfilled the counts to criminal act and its consequences, the existence of guilt that the perpetrator intentionally sends SMS containing humiliation by attacking one’s dignity and good reputation in the SMS, and the counts to eliminate criminal act since there is no apology by the perpetrator as it is stipulated in the KUHP so that criminal sanction can be imposed on the perpetrator. Keywords: Criminal Liability, Humiliation, Short Message Service or SMS

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Sumatera utara

INDONESIA