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Sumatera utara
INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 469 Documents
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ANALISIS HUKUM MENGENAI SANKSI PIDANA PENJARA SEUMUR HIDUP TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DALAM PERSPEKTIF KRIMINOLOGI : STUDI PENGADILAN NEGERI MEDAN Marihot Tua Silitonga; Ediwarman Ediwarman; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   People’s relevance in the social and national life starts from an understanding that law is a part of the inherent system in human life. Therefore, we need a policy to improve or make the national KUHP (the Criminal Code) as the value in the society in order that it better reflects the personality of Indonesian nation. Today, life imprisonment is still an alternative to the imposition of death penalty for murderers; thus, it is necessary that life imprisonment be regulated by taking into account the existing interests, the factors that cause and need to be considered in imposing criminal sanctions. The research discussed some problems i.e. how the legal provisions regulated the criminal sanctions for a premeditated murder, how the process leading to life imprisonment for the criminal of a premeditated murder in criminology perspective, how the legal policy on the criminal of a premeditated murder. The results show that firstly, criminal sanction for the criminal of a premeditated murder is stipulated in article 340 of KUHP regarding the pronouncing of death penalty, life imprisonment and 20 year imprisonment. In addition, regarding the offenses stipulated in KUHP, it also regulates the types and criminal sanctions in article 10 of KUHP which is in force at present time. Secondly, the Judge continues to use the factors that cause the occurrence of such crime, namely internal and external factors to be taken into consideration in pronouncing a criminal case of premeditated murder. Thirdly, the criminal law policy is oriented on the reality that the criminal law policy implemented takes into more consideration the criminal’s behaviour and fate that he will become better in the future. Keywords: Crime, Premeditated Murder, Criminology
TANGGUNG JAWAB MASKAPAI PENERBANGAN ATAS KEAMANAN PENUMPANG DALAM RUTE PENERBANGAN NON IZIN DI TINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Mhd. Subhi Solih Hasibuan; Tan Kamello; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Any air flight accidents always result in losses for passengers either moral or materill which of course gave birth to prolonged legal issues, particularly with regard to the legal responsibility of the airline or carrier (carrier) against passenger and owner of the goods, as the parties to the agreement as well as the carriage as a consumer, especially if an accident on a flight without permission. The issue raised in this research, i.e. how legal consequences for businessmen who do tort related infringement safety for passengers on the flight routes of non consent, the responsibility over the security of airline passengers in the flight route to non permission, and the form of compensation the airline cannot satisfy the security factor for passengers on the flight routes of non consent.   Key Words: Responsibility, Aviation, Non Consent
SISTEM PEMBUKTIAN PADA TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM KAITANNYA DENGAN HUKUM ACARA PIDANA Nara Palentina Naibaho; Mahmud Mulyadi; Muhammad Hamdan; Mirza Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Muara District Court Teweh No. 194/Pid.Sus/2013/PN.Mtw, the accused was sentenced under electronic evidence in the form of sms while Ranai District Court's Decision No.20/Pid.B/2013/PN.Rni containing electronic documents as supporting evidence to ensnare convict. It brings need to be assessed on setting criminal offense of information and electronic transactions contained in the legislation, Strength evidence electronic evidence in criminal offenses of information and electronic transactions in relation to criminal procedural law and the role of electronic evidence in uncovering the truth of the law in the District Court's Decision Muara Teweh 194/ Pid.Sus/2013/PN.Mtw and Ranai District Court's Decision No.20/Pid.B/2013/ PN.Rni.   Keywords: Evidence, Verification and Criminal Procedure Law
UPAYA HUKUM ACTIO PAULIANA DALAM MELINDUNGI KREDITOR ATAS ASET DEBITOR DALAM KEPAILITAN PERSEROAN TERBATAS Ruben Tambunan; Sunarmi Sunarmi; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The legal action of Actio pauliana in the bankruptcy of a limited liability company is the cancellation of a legal act of transferring the company’s assets to a third party by the debtor (in bankcruptcy) where such action is not obliged to do (the existence of bad faith), this harming the creditor as refrred to in Articles 41 to 47 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligation of Debt Payment. The legal action of Actio pauliana is to provide legal protection and legal certainty to the creditors for the repayment of the debts of the debtor. The application for the cancellation of this legal act shall be submitted to the Commercial Court by a designated and appointed curator by a court assigned to conduct the management and/or ordering of property from a bankrupt party. The important thing to be noticed before such petition is submitted to the Comercial Court is to ensure that the ownership of the asset is actually on behalf of the company so that the petition for the cancellation of such legal act is not in vain.   Keywords: Bankrupttcy, Actio pauliana, Limited liability company.
ANALISIS YURIDIS PENENTUAN KEDUDUKAN SAKSI PELAKU SEBAGAI JUSTICE COLLABORATORS DALAM TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI PEMATANG SIANTAR (Studi Putusan No: 231/Pid.Sus/2015/PN Secsio Jimec Nainggolan; Syafruddin Kalo; Mahmud Mulyadi; Edy Yunara
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Judge’s Ruling in Pematang Siantar District Court No. 231/Pid.Sus/2015/PN Pms decides lighter sentence than the prosecutor’s claim because the defendant is considered a justice collaborator. A defendant is considered to be a Justice Collaborator by Pematang Siantar District Court because he has helped as a witness and revealed the main narcotic dealer and the networks involved in the distribution of narcotics in Pematang Siantar and Simalungun District. The Judge considered that the defendant’s testimony as a justice collaborator of being cooperative. This case encourages a need to study the judge’s legal consideration in deciding the narcotic perpetrator as a justice collaborator in Pematang Siantar District Court. It needs to study whether the ruling which says that the narcotic perpetrator as a justice collaborator has been in accordance with the objective of the conviction. Keywords: Witness and Victim Protection Institution, Justice Collaborators, Narcotic Crime
PERTANGGUNGJAWABAN PIDANA PELAKU PENYALAHGUNAAN ATAS PENERIMAAN PEMBAYARAN PAJAK REKLAME BERJALAN MOBIL TANGKI BEREKLAME (Studi Putusan Pengadilan Tipikor Medan No.10/Pid.Sus.K/2014/PN.Mdn) Sari Devi Tumanggor; Alvi Syahrin; Madiasa Ablisar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The state is responsible to keep the interests of its people in prosperity, security, defence and education in life. In performing the responsibility to bring it to reality, the state has its sources of revenue to rely on based on valid constitutional regulations. Tax as one of the state's or provinces' sources of revenue has an important role, and its successful accomplishment is the duty of the authorized tax officials. However, in fact there was a tax official who commited corruption by abusing his authority which then causes state's financial loss. How is the official's responsibility in justifying his act as the state's or province's official who had accepted tax-payment wihout depositing it into province's treasury. Key Word : Criminal responsibility, An abuser’s to accepting tax payment
PERAN POLRI DALAM PENANGGULANGAN PREMANISME UNTUK MENGAMANKAN PROGRAM PRIORITAS NASIONAL DI PELABUHAN (STUDI DI POLRES PELABUHAN BELAWAN) Tito Travolta Hutauruk; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The thuggery handling conducted by the Police to support the National priority program at Pelabuhan is done by penal approach that is oriented to the act of cleaning and eradicating thuggery as it has been formulated in the program of wins ProMoTer Kapolri and Commander Wish Head of North Sumatra Regional Police. Another approach is a non-penal approach that is more oriented to preventive actions from potential startup to disturbance threshold, such as conducting activities oriented to problem-oriented policing and strengthening synergy. In addition, the role of the National Police in the handling of thuggery is expected not as a tool of ruling but as an institution that upholds human rights by no longer putting forward violence, more to approach system thinking, knowledge, skill and atitude through soft reform Skil. This is the basic framework of the Police professionalism. In the case of the Police, especially the Belawan Port Resort Police has not been optimal in the handling of thuggery, it certainly has implications for the cleaning program of thuggery as outlined in the policy and strategy of North Sumatra Regional Police and regional development. KeyWords : Role of Police, Thugs, National Priority Program at Port.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERZINAHAN (STUDI PUTUSAN PENGADILAN NEGERI STABAT NO : 221/PID .B/2014/PN.STB DAN PUTUSAN PENGADILAN NEGERI SIDIKALANG NO: 116/PID.B/2013/PN.SDK) Syawal Saputra Siregar; Muhammad Hamdan; Mohammad Ekaputra; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The setting is the crime of adultery against unmarried couples will not only accommodate the religious law or customary law which has prohibited such actions but can prevent the spread of other criminal offenses such as abortion, child neglect or disposal of the child of a relationship outside of marriage and so forth caused by acts criminal adultery. That is, if the formulation of legislation in its entirety has been set for penal deterrence has been fulfilled, then only a non penal policy formulation. Related to the above description there are two (2) court decision that will be examined in this thesis, the Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb and Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. It brings necessary to study the factors that lead to fornication punishable. Comparison of the crime of adultery is regulated in the Code of Penal (Penal Code) and Islamic law. Application of the criminal law against adultery by Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb And Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. Keywords: Comparison, Crime and Adultery
PENGGUNAAN SCIENTIFIC EVIDENCE DALAM PENYELIDIKAN DAN PENYIDIKAN SEBAGAI UPAYA PENEGAKAN HUKUM LINGKUNGAN HIDUP DI WILAYAH POLDA SUMUT Rusdi Marzuki; Alvi Syahrin; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Research and investigation is one of the Polri's duties for the community, because the Police is formed from the community and work for the community, the Police must be Professional, Modern and Trusted (Promoter). In this case, environmental crime investigations are carried out through stages of: investigation, prosecution, examination, and settlement and submission of case files. The essence of investigation in the field of environment is done by gathering information (Pulbaket) and making Investigative Results Report by expert. Based on Article 96 of Law no. 32 of 2009 on the Control and Management of the Environment, the legal evidence in the environmental crime suit consists of: testimony of witnesses, experts, letters, instructions, statements of the accused, and / or other evidence. Other evidence is what is referred to as scientific evidence. Reports / Letters made by experts may be referred to as scientific evidence. Scientific evidence is necessary because in the proof of environmental crime cases generally have difficulty in the presentation and determination of causality relationships. Environmental proofs are often confined to the presentation of facts and evidence tools that are often scientific (scientific proof) and involve company secrets. Moreover, if a company suspected of carrying out environmental offenses of more than one amount and disposing of waste containing the same elements, especially those that are chemical and related to Article 183 of the Criminal Procedure Code, which affirms the verdict shall be proved by two valid evidences. Keywords : The use of scientific evidence; researches and investigations; and enforcement of environmental law in the territory of North Sumatra Police.
PELINDUNGAN HUKUM ATAS KARYA ILMIAH DARI TINDAKAN PLAGIAT MENURUT PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Huller Gabe Dimpos Sinaga; Runtung Sitepu; Keizerina Devi Azwar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Criteria declared that plagiarism is plagiarism made against creative works protected by copyright laws, it can be proven the existence of an element of the copy or imitate creation, it can be proven that the act of copying or imitating creation. Plagiarism in college are liable to imprisonment and/ or fined. In addition to criminal sanctions, perpetrators of plagiarism committed by students will be subject to cancellation diplomas to students who committed plagiarism. The law provides legal protection which the copyright holder/ creator can apply for compensation for the occurrence of plagiarism and asked for the seizure of the objects that were announced or propagated creation. Law on National Education System provides legal protection form by giving administrative sanction of revocation of a degree, criminal penalties of imprisonment and fines for perpetrators of plagiarism. Law on Teachers and Lecturers, and the National  Education Minister Regulation No. 17 Year 2010 on the Prevention and Combating Plagiarism in Higher Education provides legal protection scientific work universities. Forms of legal protection against the scientific work is to impose administrative sanctions in the form of cancellation and revocation degree diplomas to students, lecturers, researchers who committed plagiarism. Keywords: scientific papers copyright, plagiarism, legal protection

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