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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 7, No 1 (2019)" : 16 Documents clear
PENERAPAN UNDANG-UNDANG NO. 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN TINGGI SUMUT Taufik Taufik; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT For a Public Prosecutor (JPU) it is not easy to verify the indictment in the corruption case in the court, especially in the case of corruption, the evidence and the witnesses are numerous, it requires a team to do so. It takes courage, intelligence, professionalism in performing the proofing process, such as summoning witnesses, summoning experts, showing presenting evidence of letter and other evidence in front of the trial. The whole process of the trial required a skill. In addition to proving the indictment, in the case of handling corruption cases, the public prosecutor should also make every effort to recover the state's financial losses. In the case of Corruption, the public prosecutor has the right to give an indictment, but when viewed in the current corruption cases the public prosecutor often neglects and weakly performs duties and authority in the case of indictment. In the case of criminal acts of corruption, sometimes the public prosecutor is less assertive in giving indictments and processing cases of corruption. The emphasis of indecision here can be seen from the prosecutor's charges that are handling corruption cases, never using money laundering offenses in the indictment. Actually, Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime (hereinafter referred to as "TPPU Law") has been enacted since October 22, 2010 which aims to make the state financial loss so great that it can be returned to the state. Therefore, there is no weakness in the legislation in Indonesia to ensnare the perpetrators of corruption. The device already exists only live snared alone. The perpetrator of a corrupt crime must return all the proceeds of his crime to the state. Keywords : money laundering; corruption; high attorney office of north sumatra.
PENEGAKAN HUKUM PENETAPAN TERSANGKA YANG BERASAL DARI PUTUSAN PRA-PERADILAN (STUDI KASUS PUTUSAN NO. 24/PID.PRA/2018/PN.JKT.SEL) Yoyok Adi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT In the Criminal Procedure Code, it is indeed regulated regarding control over the implementation of forced efforts by law enforcement officials, namely through pretrial institutions, specifically and limited to Article 77 of the Criminal Procedure Code. However, based on Republic of Indonesia's Constitutional Court Decision No. 21 / PUU-XII / 2014, dated 28 April 2015 that the validity of the Determination of Suspects, searches and seizures is part of the pre-trial authority. As the object of study and analysis in this study will discuss a case study of the Pre-Judicial Decision of the South Jakarta District Court No. 24 / Pid.Pra / 2018 / PN.JKT.SEL. The verdict was a pre-trial ruling filed by the Anti-Corruption Society (MAKI) related to the Century Bank corruption case which attracted the attention of many people both from anti-corruption activists and law academics even the wider community also gave great attention. Based on the foregoing, then as for legal issues in this study, namely: legal considerations regarding the order to carry out an investigation and assign a suspect in a criminal act of corruption against a person based on the Pre-Judicial Decision of the South Jakarta District Court 24 / Pid.Pra / 2018 / PN.Jkt.Sel., Associated with the authority of pre-trial institutions; the obligation of the investigator to order to carry out investigations and determine suspects based on pretrial decisions in corruption; and whether the pre-trial ruling that states that someone is involved in a criminal act of corruption can be used as preliminary evidence that a person can be made a suspect in a criminal act of corruption, or not. KeyWords : law enforcement; determination of the suspect; and pre-judicial decisions.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCUCIAN UANG PADA ASURANSI (STUDI PUTUSAN No.740/PID.SUS/2014/PT.MDN) Aulia Annisa; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The perpetrators of the crime of money laundering in insurance companies using mode-advanced mode so difficult are examined. Money laundering is a criminal offence that are attributable with other criminal acts. Origin of the crime (predicate crime) in accordance with article two (2) paragraph one (1) Law No. 8 year 2010. After he had done the crime perpetrator then origin such criminal conduct placement (placement) for the criminal offence of money results not known that result from criminal acts. The perpetrators of the obscure origin of these funds by placing in the insurance company up to with a specific time limit. The perpetrator put money into the insurance company and take the results of the Fund. The money like they not halal money of any crime. This is where the perpetrators of money laundering was very interested to do money laundering from insurance. Defendant Maria Rina Chrsissanty Sinaga has earned or gained control of placement, transferring, payments, grants, donations, day care, or to use the Treasures that he knew or should she bargained for was the result of a criminal act counterfeiting and forgery of the transfer to the account of such customer without the knowledge of its customers to conceal and disguise the proceeds of criminal acts. The process of proof in the criminal offence of money laundering through the insurance in the case of Maria Rina Chrissanty Sinaga using theories based on positive law because the system is adhered to the teaching that is based on whether or not the defendant is guilty there lack of valid evidence tools according to laws that can be used to prove the fault of the defendant. Judges here see anything presented by prosecutors with the tools themselves and then drop the verdict in accordance with kajahatan the accused. In its ruling No. 740/PID. SUS/2014/PT. MDN defendant in the snare of article 3 of law No. 8 Year imprisonment punishment 2010 with 2 (two) year 6 (six) months and a fine of Rp. 100.000.000 (one hundred million rupiah) if the fine is not paid then replaced with sentence 1 (one) months imprisonment. Keywords: Crime, Money Laundering, Insurance
TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA KORUPSI OLEH KORPORASI DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Joko Pranata Situmeang; Syafruddin Kalo; Edi Yunara; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A business entity that may be involved in the procurement of land for public interest is clearly a legal entity/corporation in the form of a Limited Liability Company or PT. This is because PT has a very large capital. Entry of business entities in the procurement of land for public purposes clearly have a positive or negative impact. Positive impact with the involvement of corporations in the procurement of land for public interest is the acceleration of land acquisition can be faster because the funds are owned not only from the state budget (APBN/APBD) (Budget Revenue and National Expenditure/Budget Revenue and Expenditure Daera) because there are funds sourced from parties another is the corporation. Therefore, it is necessary to review the regulation of corporate participation in the procurement of land for public purposes. The elements of corruption committed by corporations in the procurement of land for public purposes and Corruption criminal liability by corporations in the procurement of land for public. Keywords: Land, Corporations and Public Interest
PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA DALAM MASA REHABILITASI (Studi Putusan Pengadilan Negeri Lubukpakam No. 1995/PID.SUS/2017/PN.LBP) Kharisma S Ginting; Alvi Syahrin; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Decision of the LubukPakam District Court No. 1995/Pid.Sus/2017/PN.Lbp dropped in accordance with the demands of the public prosecutor, guilty of violating article 112 paragraph (1) of Law no. 35 of 2009 on Narcotics should be known to be in the rehabilitation period of the narcotics then the judge handed down the rehabilitation decision in accordance with Article 103 paragraph (1) of Law no. 35 of 2009 on Narcotics does not impose a prison sentence accompanied by a fine. Therefore, it is necessary to examine the rule of law concerning narcotics abuse and drug abuse victims against people in the rehabilitation period. Criminal liability for the misuse of narcotics during the rehabilitation and punishment against abuse of narcotics during rehabilitation at the decision of LubukPakam District Court. 1995/Pid.Sus/2017/PN.Lbp. Keywords: Addiction, Abuse and Rehabilitation
IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR79/PUU-XII/2014 TERHADAP KEWENANGAN DEWAN PERWAKILAN DAERAH DALAM PEMBENTUKAN UNDANG-UNDANG Febriyani Helena Panjaitan; Mustafa Fakhri
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The authority of the Regional Representative Council to be able to submit a draft law along with academic texts to the President contained is not regulated in Undang-Undang Nomor 23 Tahun 2003 and Undang-Undang Nomor 27 Tahun 2009, the provision was deemed unconstitutional so that later the Court Decision No. 92 / PUU-X / 2012 affirms that the Dewan Perwakilan Daerah can submit a draft law along with academic manuscripts to the President and Dewan Perwakilan Rakyat, where the position of the President and the Dewan Perwakilan Rakyat in accepting the bill originating from the DPD is the same, namely receiving Dewan Perwakilan Daerah letters and not copying. Provisions of Article 165 and 166 Law No. 27 of 2009 stipulates that the submission of the Draft Law to be discussed by the President and DPD is related to the Bill as the Dewan Perwakilan Daerah's authority in Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. While the bill originating from the DPR is related to regional autonomy, central and regional relations, formation and the division and merger of regions, management of natural resources and other economic resources, as well as financial balance between the center and regions, are not regulated to be submitted to the DPD. So that the material contained in Article 165 and 166 Undang-Undang Nomor 27 Tahun 2009 by the Constitutional Court was considered unconstitutional so that in its decision it was stated that the DPD participated in discussing together with the DPR and the President over the Bill relating to its Authority As Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Keyword : Regional Representative Council, Constitutional Court, legislation.

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