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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 Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia as a State Party in theConvention 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; strengthening decision of Medan 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.

TINDAK PIDANA TERKAIT ASUSILA BERDASARKAN HUKUM PIDANA (KUHP) DI INDONESIA DAN SYARIAT ISLAM DI ACEH (STUDI PENELITIAN DI KOTA BANDA ACEH) Arivai Nazaruddin Sembiring; Mahmud Mulyadi; Muhammad Ekaputra; Rosnidar Sembiring
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Crime related immoral or prostitution Prostitution is a social problem that was and remains in Aceh, prostitution has existed in Aceh which is caused by the economic, sociological, and psychological factors. Although no single regulation which regulates prostitution, from its activity it violates Article 2 of Qanun No. 14/2003 on Khalwat which states that it leads to adultery. Qanun Khalwat states that every action which leads to adultery, such as staying close with someone who is not his muhrim will be punished. On the other hand, the Criminal Code only imposes the sanction on place providers (Article 296) and procuresses (Article 505) while the prostitutes are only given warning and rehabilitated. Qanun No. 14/2003 on Khalwat is only an alternative in punishing the perpetrators in prostitution while conventional law like the Criminal Code only punishes some parts of the perpetrators in prostitution. In Qanun Khalwat, any individual can be punished when he does some action which is categorized as adultery. It is recommended that some elements in Qanun should be included in the Criminal Code in order that any perpetrator in prostitution can be punished. Keywords: Criminal Act in Prostitution, Islamic Sharia, Criminal Code

DAKWAAN BATAL DEMI HUKUM SETELAH PEMERIKSAAN POKOK PERKARA DALAM SIDANG PENGADILAN (Studi Putusan Nomor 19/Pid.Sus/2015/PN.Sim) Anggara Suryanagara; Alvi Syahrin; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is very interesting to analyze when a summons was legally annulled by the judge after substance of the case was examined and indictment was read and it is stated as the last decision. The problems of the research were as follows: first, why the judge handed down the verdict which stated that the summons was legally annulled and the examination of the substance of the case and the indictment was related to the prevailing legal provisions; and secondly, whether the summons which was legally annulled in the Verdict No. 19/Pid.Sus/2015/PN.Sim could be summoned before the court when it is related to the principle of ne bis in idem. The judge’s verdict which stated that the summons was legally annulled after the examination of the substance off the case and the indictment in the Verdict No. 19/Pid.Sus/2015/PN.Sim was based on the explanation that the indictment was inaccurate, unclear, and incomplete. The person, Rikal, in the summons was not presented, no action was done, and he was listed in the Man Wanted List. Besides that, each person’s role was not explained. The amount of money received by Rikal was not in line with the fact in the proceedings. According to the legal provisions, the judge’s verdict was contrary to the principle of Justice and brought about legal uncertainty in the abrogation of the summons. The abrogation of the summons is bound to the principle of ne bis in idem since the subject of the case had been examined and the indictment had been read so that the verdict was categorized as acquittal and the principle of ne bis in dem was bound which indicated that the prosecutor could not file the case to be examined, indicted, and tried twice; it could only be appealed to the Supreme Court. It is recommended that Article 156, paragraph 2, Article 143, paragraph 2 letter b, and Article 191, paragraph 2 of the Criminal Code be interpreted widely, acquittal is not only related to a criminal case but also the summons is inaccurate, incomplete, and unclear, and the prosecutor appeal the case to the Supreme Court and not to the Higher Court. Keywords : Summons, Indictment is legally Annulled, Examination of the Subject of the Case, Principle of Ne bis in Idem

ANALISIS HUKUM DARK POOLS SEBAGAI BENTUK TRANSAKSI EFEK DI LUAR BURSA SAHAM Taufik Hidayat Lubis; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of information technology system is the one of investment increasing factor in a country and capital market has used it nowdays. At the same time, massive demand of market participants as the process of interaction with other market participants which aims to improve the interaction process hase been started in using slips and now scripless trading. The need of market participants with information technology systems development grows at the same time, it can be seen how in the 21st century has created a securities transactions known as dark pools. This method conducted off exchange considered one of the ways for investors to trade security in large numbers to get a lot of benefits such as pay off commission to the broker even be able to avoid the tax charge PPn and PPh.

PUTUSAN HAKIM TENTANG REHABILITASI TERHADAP PECANDU NARKOTIKA (Studi Putusan Nomor : 35/PID/2012/PT.TK) DewiMaya Benadicta Barus; Mahmud Mulyadi; Suhaidi Suhaidi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Narcotic addict when viewed from the aspect of health, they were of the sick or in other words people who suffer pain. Therefore, the corresponding incarcerate isn't the right solution. Supreme Court circulars (SEMA) number 4 of 2010 can be used as a basis for reasoning or reference the judge in meting out sanctions and rehabilitation. As for the problems formulated in this thesis writing is why rehabilitation of narcotic addicts are deemed necessary as the basis for an alternative to criminal action, and then discussed again what was the background to the legal considerations the judge in meting out the rehabilitation decision in connection with any criminal action. Research methods used by the author in writing this is the juridical normative research method, which is based on secondary data and put emphasis on measures of speculative theoretical-normative analysis-qualitative and. As for the data used in compiling the writing was obtained from the research libraries (library research). As a technique of collecting data by utilizing a wide range of literature in the form of legislation, books, scientific papers, lecture materials, court rulings, as well as secondary data sources discussed by other authors. Considered necessary for the rehabilitation of addicts of narcotic drugs as an alternative to criminal action because of it's own rehabilitation aims to improve the health of the addicts of narcotic drugs with care and rehabilitation on an existing rehabilitation centres. This is compared to the upside if the addict of narcotics is punished by criminal sanctions. As for the background of the legal considerations of the overthrow of the ruling of the judge in connection with any rehabilitation criminal action is by observing the values of certainty, justice and benefit based on a notion that the narcotic addicts as victims of crime so more suitable rehabilitation sanctions meted out verdict that will provide care and guidance that is educating and improving physically and mentally from the addict. Key words : rehabilitation, narcotics addicts, the verdict of the judge.

PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK (JUVENILE JUSTICE SYSTEM) DI INDONESIA Aras Firdaus; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sexual crimes committed by children is not necessarily completely because of the desire of the children themselves. Children who commit violations of the law or committing criminal actions greatly influenced several other factors outside themselves like children Association, education, play and so on. Provide protection against children from the influence of the process of the formal criminal justice system, then the human thought has occurred or the legal and humanitarian experts to create formal rules of action issuing a child who commits a violation of the law or committing criminal acts from the criminal justice process by providing an alternative that is considered better for children. The issue raised in this research, is how form of legal protection for perpetrators of the criminal act of sexual crimes according to the provisions of laws and regulations, and how the role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crime. Result the studies show that form of legal protection against the perpetrators of sexual violence can be seen inside and outside of the criminal code and code of criminal procedure. According to the provisions of the criminal code stated that the overthrow of a punishment to a child is the last effort, and concerns the punishment given to a child that is different to adults. Code of criminal procedure specifies the rights of the child who became the suspect or defendant upon the criminal deeds he had done. The role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crimes began from the police institution is the institution of the first state to intervene against the child in conflict with the law. Arrests, anchoring, the investigation, and the investigation is the police authority to enforce the criminal justice system, which in the exercise of police authority given the task is diskresi where diskresi is the legal authority the authority in which the police has the right to continue or discontinue a matter. Based on this authority can divert police against a things of the child so that the child does not need to be confronted with the completion of the criminal court formally. Keywords: Sexual Violence, Children, Versioned

PERANAN KEJAKSAAN DALAM MELAKUKAN PENUNTUTAN PERKARA TINDAK PIDANA NARKOTIKA Cardiana Harahap; Chainur Arrasyid; Mahmud Mulyadi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A according to Article 30, paragraph 1, letter b of Law on Prosecuting Attorney, a prosecuting attorney, as a public prosecutor, has the authority to exercise prosecution on criminal act cases. In this case, it is especially in narcotics criminal act as it is stipulated in Law on Narcotics and is not separated from criminal justice system. The role of prosecuting attorneys in prosecuting narcotics criminal act perpetrators is by coordinating with the other law enforcement officials, especially BNN officials, the Police, and PPNS officials. Law on Narcotics does not deal with prosecuting attorneys in narcotics cases; they only agree on the beginning of investigation and receive minutes of investigation. The most dominant obstacle is the knowledge of the fact in the field because prosecuting attorneys cannot investigate narcotics cases in the field.It is recommended that prosecuting attorneys do discretion according to the prevailing laws and regulations, break through any regulation by putting forward justice, human rights, and public interest in exercising prosecution of narcotics criminal act cases since narcotics is related to public interest. Law on narcotics should provide authority for prosecuting attorneys to be investigators. Keywords: Role of Prosecuting Attorney, Prosecution, Narcotics Criminal Act

PENYITAAN HARTA KEKAYAAN PELAKU TINDAK PIDANA MONEY LAUNDERING DITINJAU DARI WAKTU TERJADINYA TINDAK PIDANA (TEMPUS DELICTI ) (Studi Putusan MARI No.1195/K/PIDSUS/ 2014) Elfirda Ade Putri; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Verdict of the Jakarta Pusat District Court No. 38/pidsus/tpic/2013/Pn.Jkt.Pst indicted Luthfi Hasan Ishak for committing money laundering with 18 year-imprisonment. The result of the research showed that the confiscation of the property which came from money laundering criminal act that occurred before tempus delicti could be performed as it was stipulated in Chapter V, part 4 from 38 until Article 46 of the Penal Code, and some part of it stipulated in Chapter XIV on Confiscation stipulated in Article 1, letter 16 of the Penal Code. The judge’s consideration in his verdict was not contrary to das solen and das sein. In this case, the defendant’s statement could not prove that his property was obtained from LHKPN so that the panel of judges concluded that his property came from corruption criminal act. Judges as part of law enforcement should improve their performance in their verdicts in upholding legal certainty, sense of justice, and benefit. Keywords: Confiscation of Property, Money Laundering, Tempus Delicti

ANALISIS PERATURAN MAHKAMAH AGUNG NO. 02 TAHUN 2012 PADA TAHAP PENYIDIKAN DI KEPOLISIAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI DI WILAYAH HUKUM POLRES LANGKAT) Rosyid Hartanto
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts and policies to create a good rule of criminal law in essence can not be separated from the purpose of crime prevention. Likewise regulations issued by the Supreme Court regarding the misdemeanor (Tipiring), namely: the Supreme Court Regulation No. 2 of 2012 on Limitation Adjustment light crime and the amount of penalties in the Criminal Code. Related to this research that addresses the crime of theft by weighting, then the crime of theft under $ value. 2.500.000, - (Two Million Five Hundred Thousand) can not be detained. The background to the Supreme Court Regulation No. 2 In 2012, the efforts to provide justice to the people, especially in settling disputes-minor criminal cases (Tipiring). Technically law called the Tipiring is a criminal offense punishable by imprisonment or a maximum of three months imprisonment and or a fine of up to Rp. 7.500, - (Seven Thousand Five Hundred Rupiah) and a mild insult. Therefore, the substance, the Supreme Court Regulation No. 2 of 2012 was actually not on the value of rupiah, but the crimes are legal threat than 3 (three) months and it is not required to be retained. In the Supreme Court Regulation No. 2 In 2012, Article 1, explained that the words Rp. 250, - (Two Hundred and Fifty Rupiah) in Article 364, 373, 379, 384, 407 and 482 of the Penal Code read as Rp. 2.500.000, - (Two Million Five Hundred Thousand). Later, in Article 2 paragraph (2) and (3) is described, if the value of the goods or the money is not worth more than 2.5 million dollars President of the Court immediately set the Single Judge to examine, hear and decide the case with the Fast Interrogation under Article 205-210 Criminal Procedure Code and the President of the Court do not provide for the detention or extension of detention. Keywords : Supreme Court, Limitation Adjustment, theft by weighting

ANALISIS TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI TERHADAP PENGADAAN BARANG DAN JASA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1793 K/PID.SUS/2014) Tunggul Yohannes; Syafruddin Kalo; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption criminal act and money laundering criminal act were closely related. It can be seen in Article 2, paragraph 1 of Law No. 8/20120. Goods/service procurement is personal and functional responsibility. Functional responsibility is divided into PA (budget user)/KPA (Proxy of Budget User), PPK (Commitment Making Official), ULP (Procurement Service Unit)/Procurement Official, and the Committee/Official that Receives Work Outcome). Judicial analysis of money laundering criminal act on procuring goods/service (A Study on the Ruling of the Supreme Court No. 1793 K/PID.SUS/2014), showed that the judge’s consideration at the Medan District Court in handing down his verdict by stating that the defendant, Tono alias Asia, had been proven to commit criminal act as stipulated in Article 5, paragraph 1 in conjunction with Article 2, paragraph 1, letter a of Law No. 8/2011 on the Prevention and Eradication of Money Laundering Criminal Act, that the the judge’s imposition on the sanction was not appropriate since the defendant had collectively committed corruption criminal act as stipulated in the primary indictment under Article 2, paragraph 1 of Law No. 20/2001 in conjunction with Article 55, the first paragraph 1 of the Criminal Code. Keywords: Money Laundering, Corruption, Procurement

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