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Analisis Penerapan Peraturan Menteri Kelautan dan Perikanan RI No. 2/Permen-KP/2015 tentang Larangan Penggunaan Alat Penangkapan Ikan Pukat Hela (Trawls) dan Pukat Tarik (Seine Nets) di Wilayah Pengelolaan Perikanan Negara RI Sebagai Upaya Perlindungan Te Bayu Putra Samara; Syafruddin Kalo; Madiasa Ablisar; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Provisions regarding fishing gear for trawlers around the Indonesian Ministry of Maritime Affairs and Fisheries No. 2 / PERMEN-KP / 2015 concerning the Prohibition of the Use of Fishing Tools for Trawlers and Trawlers (Seine Nets) in the Areas Addressing the Fisheries of the Republic of Indonesia. The use of fishing gear issued is fishing gear for trawlers and trawlers. On September 10, 2016, at around 17:00 West Indonesia Time, there was a burning of KM. Star of the Sea and KM. Kurnia Jaya Welcome to the boat in Asahan Regency and Tanjung Balai City, which is carried out by traditional fishing communities that use nets. At the time of this repair, there was also a persecution by the community of securing a motor boat named KM. Star of the Sea and KM. Kurnia Jaya Selamat, who prevented the burning carried out by the fishing community. The reason for burning is done because the fishing gear that uses the trawl (Trawl) (Trawl Tiger) is not environmentally friendly and the habitat of fish roasted / damages the preservation of the marine environment. The results of the fishing community interviews with fishermen who use puput netting tools explain the causes of the boat ride and the persecution in Tanjung Balai - Asahan related to traditional fishing communities in Asahan Regency and Tanjung Balai City asking for help and support for the operation of motorboats / engines using trawlers " Trawl ”which can result in damage to coral reefs or marine biota habitat and the livelihoods of fishermen using traditional fishing gear. Because it can reduce fish income from the results of the entrepreneurs who use the trawl tool. Keywords : trawls, seine nets, traditional fishermen

Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Narkotika Di Polsek Sunggal Daniel Marunduri; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : According to Article 82 of the Criminal Justice System for Children Act, the child of the offender may be given an action sanction by the judge. In this study, child perpetrators of narcotics crimes charged by the Public Prosecutor with criminal over 7 years imprisonment, was sanctioned action through a diversion attempt by the judge of the Medan District Court. Judge in making this decision using restorative justice approach to the child with legal instrument that is Regulation of The Supreme Court RI No. 4 of 2014 on the Guidelines for the Implementation of the Criminal Justice System for Children Act Diversity, this is contradictary to Article 7 paragraph (2) of the the Criminal Justice System for Children Act, because children who are threatened with imprisonment for 7 years can not be diversified, hierarchically in the legislation, the judge's action is contradictary to Article 7 Law No. 12 Year 2011 on the Establishment of Laws and Regulations. Supposedly, if the judge and the Prosecutor want to apply action sanction, can use the instrument of Article 82 paragraph (3) of the Criminal Justice System for Children Act, considering the legal threat of narcotics crime there is no mention of criminal at least 7 years imprisonment. In principle, the application of action sanctions against children as a form of child protection and can be as an effort to overcome the narcotics crime in children, since children are more likely as victims of crime. Keywords : child perpetrators, narcotics crimes; and prevention.

Penegakan Hukum Tindak Pidana Narkotika di Kalangan Mahasiswa Pada Wilayah Hukum Polrestabes Medan Dimas B. Samuel Simanjuntak; Syafruddin Kalo; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : The rise of narcotics abuse cases is not only in big cities, but has reached small cities throughout the territory of the Republic of Indonesia ranging from lower middle socioeconomic level to upper middle socioeconomic level. According to the National Narcotics Agency (BNN), there are 5.1 million drug users in Indonesia, and that number is the largest in Asia. Of this amount, 40% of them came from among students. Based on data according to the employment status of drug suspects from 2015 to March 2019 in the jurisdiction of Medan Polrestabes obtained from the Medan Polrestabes Narcotics Unit globally (overall), because this study discusses narcotic crime among students, so this research is not widened to perpetrators from other job status. The data needed is a focus on narcotics offenders from among students only. Associated with data from Table 1 above, there are 123 narcotics crimes among students as many as 123 (one hundred and twenty three) students for a span of 5 (five) years in the Medan Regional Police jurisdiction. This shows that this research is important to do because students are the future of the nation. However, due to several factors causing him to fall into narcotics crime. Keywords : Narcotics crime; among students; the jurisdiction of Medan Polrestabes.

Tanggungjawab Penyedia Jasa Konstruksi Terkait Kegagalan Konstruksi dalam Pengadaan Barang/Jasa Pemerintah Fitri Yanni Dewi Siregar; Sunarmi Sunarmi; Mahmul Siregar; Detania Sukarja
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. A development project is a legal act carried out by a person or business entity on the basis of an agreement or contract at a certain time and place, which is needed by a user of goods or services in this case the government. In the implementation of construction work, there are certainly many factors that can trigger the failure of construction work, one of them is the incompability of construction work contract, work plan and terms, and the conditions in the field. This mismatch becomes a construction failure that will have an impact on the vulnerability of the building so that there is a risk of failure in the building which can even cause casualties. The failure of construction provisions regarding the rights and obligations of users and service providers in Government Procurement of Goods / Services which has been regulated and stipulated in the construction work contract provisions in the procurement of government goods/services and legislation related to construction services. Forms of legal liability if in the implementation of construction work things happen that are not in accordance with the agreement of the parties, the service users give the service provide an opportunity for service providers to repair and make these improvements will be stated in the contract addendum. To protect the parties, especially those who are disadvantaged in carrying out construction work, the form of legal protection that can be done is by providing preventive legal protection is related to the type of coverage that can be agreed on in construction work contracts that include guarantees and repressively if the implementation of one or both parties commit negligence which can intentionally caused casualties. Keywords: procurement, construction failure, construction contract

Pelaksanaan Pembinaan Terhadap Narapidana di Lembaga Pemasyarakatan Kelas IIA Pematang Siantar Kesita Eva Lestina Lumban Tobing; Madiasa Ablisar; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The penal system adopted by Indonesia is regulated in the act invite N0.12 of 1995, this is implementation of imprisonment, which is a philosophical juridical changes of the prison system into a system. The system of increation emphasizes the element revenge and deterrence are gradually seen as something systems and facilities that are not in line with the concept of rehabilitation and social reintegration and constitutes absorption and an inseparable part of values contained in Pancasila and the 1945 constitution, from the result of the study showed that arrangement of training programs for prisoners in class IIA Pematangsiantar. Participants in the construction program are under construction personality and independence in the implementation has not been implemented optimally caused by several things, namely there is no separation construction of gender, age, type of crime, long sentence up not in accordance with the objectives of coaching, then the quality of human resources, number of construction workers, constructions budgets, and facilities and facilities nt yet available adequate, for this reason, this is recommended that Pematangsiantar Class IIA penitentiary be recommended to further enhance human resources for officers I employees the penitentiary with a variety of trainings, as well perform the construction in accordance with the rules in place. Keywords: penal system, Coaching, inmate

Pelaksanaan Pengawasan Dan Pengamatan Terhadap Pola Pembinaan Anak Oleh Hakim Pengawas Dan Pengamat Pengadilan Negeri Medan Kurniati Siregar; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. According to Article 277 of KUHAP, Supervisory Judge and Observer are assigned to help the Head of Court do supervision and observation on court’s verdicts on imprisonment. According to SEMA No. 7/1985 on Operational Manual of the Tasks of Supervisory Judge and Observer, the visit of a Judge to Penitentiary should be once in three months to examine the truth of the Minute of the Implementation of court’s verdict, to gather the prisoners’ data, to interview wardens and prisoners concerning treatment of prisoners. The result of the research in the Medan District Court and LPKA Medan showed that the implementation of supervision and observation done by supervisory judges and observers of the Medan District Court on prisoners in LPKA was not optimal. The judges only visited LPKA once in six months, the child prisoners who wanted to be interviews had already been prepared by LPKA management. Some obstacles were as follows: law does not regulate the tasks of judges, there was lack of supervisory judges and observers, judges were burdened by limited time and work load, there was double standard (dualism) in the institutional system in implementing supervision and observation, and there was lack of facility and infrastructure. Keywords : supervisory judge, child, court.

Pertanggungjawaban Pidana Terhadap Orang Yang Membantu Melakukan Tindak Pidana Penipuan (Studi Putusan Pengadilan Negeri Medan No. 541/Pid.B/2015/PN.Mdn. jo. Putusan Mahkamah Agung RI No. 216K/PID/2016) Nanin Aprilia Fitriani; Sunarmi Sunarmi; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Non-Performing Loans are pure civil events between creditors and debtors, with assumptions as long as all the valid conditions of the Credit Agreement (PK) can be fulfilled by the parties including their collateral. With this condition, bad credit due to the inability of the debtor to pay off, the collateral can be auctioned through execution in court, which results in the auction to pay the loss of the bank or creditor. Bad credit can turn into a criminal event because there is a violation of law, both before and after the credit agreement is signed. As is known, there are 4 (four) conditions that must be fulfilled for the validity of a Credit Agreement, namely: The ability of legal subjects, the quality of legal subjects or not having legal standing to submit and sign a Credit Agreement; There is agreement between Creditors and Debtors, facta sunservanda, binding agreement as a law for those who make it; There is an object in this case borrowed money; and Causal, this Credit Agreement is made not to violate even the unwritten laws and regulations. In the example case raised in this study related to the provision of credit facilities by PT. Bank Sumut to customers who use third party collateral. The purpose of the provision of these credit facilities is to finance the Project "Concrete Jember Construction Work in Sako Estate, Central Kalimantan" which has been obtained by PT. Manunggal Adijaya Utama, as stated in the Contract (Work Order (SPK)) No. 107 / LOA-SKOE / VIII / 2009, August 11, 2009, with a Contract Value of Rp.1,160,000,000.- (One Billion One Hundred Sixty Million Rupiah). However, after the credit disbursement, it turned out that the funded project suffered a natural disaster, in other words the project became a loss. Keywords : criminal liability, criminal acts; and fraudulent

Analisis Hukum Terhadap Tindak Pidana Pertambangan Pasir Yang Dilakukan Secara Ilegal : Studi Putusan Pengadilan Polin Pangaribuan; Muhammad Hamdan; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Law No. 9 of 2009 on Mining it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those who violate them. Looking at the titles and topics of the research, the discussion of criminal provisions only focuses on illegal sand mining practices mentioned in Article 158 and Article 161 of Law No. 4 of 2009 on Mining. The subject matter of the study is Legal Provision on illegal sand mining. How the judge judges judgment of illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Verdict number: 92 /Pid.Sus/2012/PN.Kdi). Types of research normative legal research, the nature of the research is descriptive, evaluative, prescriptive, Legal data source data obtained from library research, assisted with the Judgment Study Court, Legal provisions on unlicensed sand mining are provided in Article 158 and Article 161, it is explained that in Mining there are several articles containing the provisions of criminal sanctions for those violating them. Judge's consideration in deciding illegal sand mining perpetrators (decision number 132 / Pid.Sus / 2015 / PN Lmj), (Decision number: 123 / Pid.Sus / 2015 / PN Pbg), (Decision number: 92 / Pid.Sus / 2012 / PN.Kdi) is based on legal facts, testimony of witnesses, statements of defendants, evidence, matters that lighten and incriminate the defendant. Keywords: crime, sand mining, illegally

Implikasi Putusan Mahkamah Konstitusi Republik Indonesia Yang Memuat Norma Baru Dalam Sistem Ketatanegaraan Indonesia : Analisis Putusan Mahkamah Konstitusi No. 102/PUU-VII/2009 Robin Reagan Sihombing; Mirza Nasution; Faisal Akbar; Afnila Afnila
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Based on the provisions of Article 56 and Article 57 of Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court only limited to the cancellation of the norm (negative legislator). However, from a number of decisions that not only invalidate the prevailing norms, positive legislators are proposed against the limiting bill from the authority of the Constitutional Court. One example of the verdict is the Constitutional Court decision Number 102 / PUU-VII / 2009 which is in the decision of the Constitutional Court (positive legislator), namely by allowing parliamentarians registered in the permanent voters list to be able to choose the identity card and passport. In this case, the authority of the state institution as the legislator of the House of Representatives (DPR) was taken over by the Constitutional Court, therefore the research in this thesis was conducted to explain and analyze the decisions of the Constitutional Court No. 102 / PUU-VII / 2009. The research carried out is normative legal research and the research discussion used is invitational research (statute approach) and renewal (case approach), namely by using legal data sources of secondary data which consists of primary legal materials, secondary legal materials and tertiary legal materials by means of analyzed using qualitative methods to deduce conclusions. Decision of the Constitutional Court No. 102 / PUU-VII / 2009 which influences agreed new norms (positive legislators) is very useful and useful for protecting constitutional rights. real justice. Justice is manifested in a sense of justice that is valued and lives in the midst of society. The implementation of this decision was finally set forth in a law, namely Law No. 7 of 2017 concerning general elections so that the use of identity card or passports in each general election becomes stronger in the implementation of the Court's decision No. 102 / PUU-VII / 2009 can find legal objectives, namely for justice, legal certainty and benefit for the community. Keywords: Mahkamah Konstitusi, constitutional court, permanent voters list, justice.

Penegakan Hukum Terhadap Penyedia Narkotika Magic Mushroom : Studi Kasus Putusan Nomor 758 / Pid.Sus / 2016 / PN. Dps) Aldi Pramana; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Narcotics are one type of hazardous substance for humans. In its development narcotics are found which are sometimes unknown to the public. Like Magic mushroom, a type of fungus that grows in animal waste.Mushroom Magic Mushroom is not a type of fungus that we usually eat but mushrooms that can cause hallucinations and if consumed will make the user always happy or euphoric and can experience excessive sadness. In detail Magic Mushroom has the Latin name Panaeoluscyanescens also called cow dung mushroom or wong necklace or sacred mushroom, which grows on top of livestock manure in the form of toadstools that have flat oval spores and sporogonium tapered tips and white and will turn to ash gray to dark brown. In this case the author is interested in researching how the legal arrangements regarding narcotics Magic Mushroom and how the court considers in deciding the Magic Mushroom Narcotics Provider. This research method is legal research (legal research), to find the truth of coherence. This type of research is normative research. with a literature study of primary, secondary and tertiary legal materials. Based on the research that legal mushroom narcotics law regulation is found in the Law of the Republic of Indonesia Number 8 of 1996 concerning Ratification of Convention On Psychotropic Substances 1971 (Psychotropic Convention 1971). And Law Number 35 of 2009 concerning Narcotics. In addition, consideration of the court in deciding the Magic Mushroom Narcotics Provider or mushroom PanaeolucsyAnescens as Narcotics in Decision Number 758 / Pid.Sus / 2016 / PN Dps On behalf of the Defendant: KetutWinartha Researcher Disagrees with the Panel of Judges this is due to lack of legal certainty regarding magic The mushroom in the annex of Law No.35 of 2009 concerning Narcotics and judges also decides in doubt that the principle of dubio pro reo should apply rather than multi-interpretation. Keywords: drugs, magic mushroom, psychotropic

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Contact Name
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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA