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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 2 (2019)" : 16 Documents clear
Tanggung Jawab Kejaksaan Terhadap Pengembalian Kerugian Keuangan Negara Oleh Pelaku Tindak Pidana Korupsi Teddy Lazuardi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. In principle, the return of state financial losses by perpetrators of corruption is far more beneficial than punishing the perpetrators. Jampidsus Circular Number B-1113/F/ Fd.1/ 05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases, and Jampidsus Letter Number 765/F/Fd.1/04/2018 concerning Technical Guidelines for Handling Criminal Cases Corruption The Investigation Stage is a form of prosecutor's discretion which prioritizes the return of state financial losses because it can be useful for the inclusion of a budget for the receipt of state expenditure through non-tax state revenues from prosecutors. The problem raised in this research is how is the legal basis of the Republic of Indonesia's Attorney General's Office in making policies related to handling and settling cases of corruption in Indonesia, the authority possessed by investigating prosecutors towards relatively small perpetrators of corruption in the case of criminal offenders restore the state's financial losses and the responsibility of the investigating prosecutor in carrying out discretion against the perpetrators of corruption in the case of small amounts of state financial losses. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.   Keywords: Responsible, Returns, Losses, State Finance.
Pidana Cambuk Terhadap Pelaku Tindak Pidana Maisir di Wilayah Hukum Aceh Radian Putra; Madiasa Ablisar; Muhammad Ekaputra; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. In Indonesia, Aceh is the only province or territory to which makes the Islamic legal norms into Qanun, which applies since the year 2003. Qanun is meant is 12/2003 Number of Alcohol Qanun, Qanun 13/2003 Number of Maisir, Qanun and 14/2003 Number of Seclusion. The third position is legally the qanun is getting sturdier after the promulgation of Act No. 11/2006 of the Government of Aceh (BAL). Then the third the Qanun was replaced with the 6 year Number 2014 Qanun About Jinayat. Among the powers granted to Aceh by the legislation in the field of criminal law is the authority to include basic, forms, levels, limits, properties, and equality between different criminal legislation in force in Indonesia. The form of punishment whip was a form of punishment in the new legislation expected Indonesia could reduce the crime rate or breach of Shari'ah in Aceh. The principle of Islamic law in fact Jinayah him include the management and those settings is to create a sense of security and benefit for the community as well as the certainty of his upright God's law in the Earth Kingdom. Although the implementation of Islamic Sharia in Aceh is far from pristine, but the business as well as the wishes of the people of Aceh for safely syari'atau has reached the point of light and progress gradually, although it is indeed very difficult to run it kaffah . There is a fundamental difference against the application of the penalty of flogging in Aceh with the application of the penalty of flogging according to jinayah i.e. in terms of the number of lashes. This difference is caused due to the application of Islamic Sharia in Aceh has not fully reference such as what is taught in the religion and Islamic Sharia in Aceh implementation is done gradually and still in testing or rudimentary   Keywords: Qanun, A Criminal Offence, Maisir
Pertanggungjawaban Tindak Pidana Kelalaian Lalu Lintas Oleh Anak yang Menyebabkan Orang Lain Meninggal Dunia (Studi Putusan Pengadilan Negeri No.212/Pid.B/2013/PN-PMS) Jimmy Fernando Dapot Sianturi; Alvi Syahrin; Madiasa Ablisar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Criminal acts of negligence is a form of criminal acts with the error in the form of negligence. Error in omissions occur if the perpetrator does not use ability assets when that ability should be used.This research is to find out how the children criminal liability in the case of traffic accidents that certainly should pay attention to the best interests for the child. Keywords: Negligence, Children, Criminal Liability
Homologasi Penundaan Kewajiban Pembayaran Utang (PKPU) Sebagai Upaya Preventif Terjadinya Pailit : Studi Putusan Mahkamah Agung No.137K/Pdt.Sus-PKPU/2014 Maranatha Purba; Sunarmi Sunarmi; Bismar Nasution; Keizerina Devi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Homologation is the endorsement by the judge of the peace agreement between the debtor by the creditor to end the bankruptcy. Peace (akkoord) in phases this phase is PKPU is most important, because in the debtor will offer peace plan peace were to creditors. The possible existence of peace in the restructuring of debts the debtor. If peace is approved by the creditors, then the PKPU by-law will end. Peace is one of legal efforts to resist he did bankruptcy against the debtor. Peace in the process of bankruptcy is often referred to with the term "accord" (Netherlands) or in the language of the United Kingdom referred to by the term "Composition". Talking about peace in bankruptcy do not only exist in the bankruptcy process, but there are also in the process of debt payment suspension (PKPU). Peace is one of the ways to end the bankruptcy. Peace can be used as a tool to force it does because of the debt restructuring outside of bankruptcy. the lender (concurrent) cannot be forced to agree to peace. peace is defined as an agreement between the debtor and the kreditornya where the claims of the creditors agreed to partially or completely paid. Supreme Court justices in the disconnect of case No. 137 K/Pdt. Sus-PKPU/2014 is just right. The parties in this ruling, namely Julia Tjandra and Jerry Farolan as creditors and PT Djakarta Lloyd has obtained legal certainty, namely repayment bills have got a fixed legal power, got a guarantee so that the debtor does not cheat and benefit for the debtor is still given a chance to manage again and his effort to prevent the debtor from possible mass execution by kreditor-kreditornya in order for the continuity of the business. Keywords: Homologation, PKPU, Bankruptcy
Penegakan Hukum Pidana Terhadap Penyalahgunaan Senjata Api Pasca Perdamaian Di Aceh : Studi Di Wilayah Hukum Kepolisian Resor Aceh Timur Muhammad Iqbal Rozi; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The issue of the misuse of firearms in East Aceh after peace in Aceh is equally important for us to examine, namely regarding the issue of legal violations or criminal acts which after peace in Aceh there were many criminal acts of misuse of firearms, which occurred in several districts / cities in the province of Aceh, because many firearms left behind conflict or belonged to former combatants of the Free Aceh Movement who were still circulating freely in the midst of the community. Legal regulations governing the misuse of firearms, namely Law Number 8 of 1948 concerning Registration and Granting of Firearms Use Permits, Emergency Law Number 12 of 51 concerning Firearms, Perpu Number 20 of 1960, National Police Regulation Number 18 of 2015. Law enforcement carried out by the East Aceh Resort Police against perpetrators of firearms abuse starts from the stage of law enforcement at the level of investigation, the process of law enforcement at the level of investigation, the process of arrest, prosecution and enforcement processes in the trial. The constraints faced by the East Aceh police are weak supervision, lack of information from the community, constraints on the legal structure and legal culture of the community. While the efforts made by the East Aceh Resort Police to combat post-peace firearms abuse in Aceh were the first internal factors, among others, efforts to improve cooperation to obtain information, efforts to overcome human resource constraints, efforts to overcome legislative obstacles. The second external factor attempts to overcome the lack of community roles and efforts to overcome geographical constraints.   Keywords: Criminal Law Enforcement, Abuse of Firearms in East Aceh
Kebijakan Kriminal Penanggulangan Kejahatan Yang Mempergunakan Media Sosial Sebagai Sarana Untuk Melakukan Kejahatan Terhadap Anak Pantun Marojahan Simbolon; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Criminal policy of tackling crimes against children, upload videos, or photo or negative content involving children in social media isn't enough with law No. 35/2014 jo. Act No. 23/2002 On child protection, even the presence of Act No. 11/2008 (UUITE) considered incapable of tackling crimes against children as victims in social media.  How does the subtantif policy governing crime prevention through social media as a means of committing a crime against a child, and how policy aplikatifnya, as well as tackling crime that must be done for protecting children from crime in social media. This type of research is normative, descriptive nature and preskripsi. Qualitative data analysis. Analyzing the problems of the approach of legislation (statutes aproach) and approaches (case aproach) case, not a case study or study the Court ruling. This thesis does not examine the Court ruling but described various cases ever to appear on social media about crimes against children. Policy subtantif within the UUITE that govern countermeasure of crimes against children as victims through social media still contains the classic policy model. Criminal threats on Article 45 paragraph (1) UUITE a maximum of six years is not proportional to its effects, and do not provide an alternative to other sanctions. Maximum fines or criminal sanctions, there is no minimum, so that the open space of the overthrow of the wounding a sense of criminal justice. Crime prevention policies applicable also tend to give priority to criminal proceedings. On the one hand the offender threatened/punished weighing-weigh according to article 52 paragraph (1) and section 45 subsection (1) of ACT No. 11/2008, whereas the deed the perpetrators according to law No. 35/2014 jo. Act No. 23/2002 can be resolved are versioned to find the main principles of restorative justice for the best interest for the child, not simply give priority to criminal proceedings. Subtantif policy in law No. 11/2008 should have threatened more weight than criminal threats in Act No. 35/2014 jo. Act No. 23/2002 to quell crimes against children in social media. Every child matters policies applicable in social media should pay attention to the child's best interests, rather than giving priority to different settlement matters child as a victim of criminals in social media through the process of criminal law. The policy countermeasure of the crime that must be done to protect children from the evils of distributing video, photo, or negative content in social media is to combine the efforts of the penal penal and non integrated as a the effort could not be separated in criminal policy.   Keywords : Criminal Policy, Crimes Against Children, Social Media,.

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