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ANALISIS HUKUM PENERAPAN ASESMEN TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA PADA KEPOLISIAN REPUBLIK INDONESIA Wilson Bugner Pasaribu; Syafruddin Kalo; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Police involvement in the assessment team is an important part in the handling of narcotic addicts because in Law no. 35 Year 2009 on Narcotics including the investigators other than BNN. Although in Law no. 35 of 2009 on Narcotics BNN's portion of authority for narcotic crime is greater than that of the police. Therefore, it is necessary to review the assessment of assessment in rehabilitating victims of narcotics abuse. Obligation of rehabilitation against narcotics abuse. Implementation of the assessment of victims of narcotics abuse in the Police of the Republic of Indonesia. Keywords: Assessment, Narcotics And Addicts Crime

ANALISIS PUTUSAN TINGKAT KASASI TERHADAP PUTUSAN PENGADILAN YANG MEMBEBASKAN PELAKU TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PENYELENGGARA NEGARA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR : 236 K/PID.SUS/2014). Ricky T. A Pasaribu; Muhammad Hamdan; Edi Yunara; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Debate about corruption will never end. This phenomenon is very interesting to be analyzed, let alone,in this current condition there is an indication which reflects people’s distrust in the government. The demand for clean governmentis increasing, followed by the previous economic crisis. The research problems were how about the type of corruption criminal actcommitted by government officials in the abuse of authority, how about judge’s considerationin the Medan District Court’s Ruling No. 51/Pid.Sus.K/2013/PN.Mdn, and how about the analysis on Judge’s Decision in the Higher Court on acquittal in corruption criminal act in the abuse of authority committed by Government Officials (A Case Study on the Supreme Court’s No. 236K/Pid.Sus/2014). The research used juridical normative and descriptive analytic method by using primary, secondary, and tertiary legal materials with qualitative analysis. The result of the research was related to three types of corruption offense committed by government officials such as bribery, embezzlement, fraud, extortion, and gratification. The judge’s consideration in the Medan District Court’s Ruling in the case No. 51/Pid.Sus.K/2013/PN.Mdn on acquittal for the defendant in that case, there were some errors in the decision of the Panel of Judges. They only heard the witnesses’ and the defendant’s testimonies without considering any legal provisions which regulate that case. It is recommended that the principle of good governance be implemented in all government levels and lines and all actions should be applied. Keywords : Cassation Appeal, Corruption Criminal Act, Government Officials

UPAYA HUKUM PENGESAHAN PERKAWINAN BAGI PERKAWINAN YANG TIDAK DICATATKAN DITINJAU DARI UU NO. 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM (KHI) Eko Gani PG; Hasballah Thaib; Hasim Purba; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Basically the marriage is the emotional and physical bond between a man and woman as husband and wife with the aim of forming a family (household) happy and everlasting based on the Supreme Godhead as stated in Act 1 of 1974 about the marriage Article 1 The marriage is the way advocated by Religion, Law and Culture in order to keep individualis away from bad things such as adultery, sexual deviation, and others. Marriage is lawful if done according to the religious law of each article 2 paragraph 1 of Act No. 1 Year 1974 and in paragraph 2 mentioning each marriage is registered according to the prevailing laws and regulations. However, in fact the marriage are also not registered, resulting in the loss of rights of the parties to the marriage. Based on the research results could be concluded that are several factors that affect the marriages are unregistered, both economic factors where marriage took place. Furthermore, the unregistered marriage also gives legal effect to the parties, according to Act No. 1 of 1974 article 2, paragraph 1, that marriages which are carried out according to their respective religious law are considered valid but according to Act No. 1 of 1974 article 2 paragraph 2 dose not fulfil the administration as determined by legislations. And the legal efforts that can be taken by the parties who did the unregistered marriage by way of proposing the marriage Itsbat and marriage Keywords : Itbat, The Legal Efforts, Endorsement, The Unregistered Marriage.

ANALISIS HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH PENGEDAR DAN PENGGUNA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Donny Alexander; Suhaidi Suhaidi; Tan Kamello; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Article 1, point 1 of Law No. 35/2000 on Narcotics states that narcotics is substance or drug which comes from plants or non-plants, either synthetic or semi-synthetic. Consuming narcotics can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotics in which there is tug-of-war between health approach and criminal approach so that it is interesting to see the legal position of narcotics users. It is difficult to find out the meaning of the expression, “narcotics user” as a subject (human being) in Law No.35/2009 since it uses many verbs. According to the Indonesian dictionary, the term, “user” is a person who uses something. When it is related to Article 1, point 1 of Law No. 35/2009 on Narcotics, it can be said that narcotics user is a person who uses substance or drug which comes from plants, either synthetic or semi-synthetic which can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotic. The term, “narcotics user” is used to make it easier for people to call a person who uses narcotics and to distinguish it from the grower, producer, distributor, courier, and dealer of narcotics. Keywords : Narcotics Abuse, Dealer and User, Law No. 35/2009 on Narcotics

PERTANGGUNGJAWABAN PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG ( STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act. Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility. Keywords: Criminal Liability, Association, Human Trafficking

PENERAPAN HUKUM PIDANA MILITER PADA KASUS TINDAK PIDANA DESERSI DALAM WAKTU DAMAI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA ANGKATAN DARAT DI AJENDAM I BUKIT BARISAN Hana Oktaviana Fahlevi; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Indonesian Army (TNI AD) is part of the Indonesian Armed Forces (TNI) that acts as a state instrument in the field of land defense. The main task of the Indonesian Army is to uphold the sovereignty of the state, to maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution, and to protect the entire nation and the entire Indonesian blood from the threats and disturbances to the unity of the nation and state. In carrying out its duties and obligations to the state, the Ajendam I /Bukit Barisan can not be separated by the problems. One of the problems encountered is the occurrence of desertion crimes committed by members of the Ajendam I / Bukit Barisan.The crime of desertion is a pure military crime committed by members of the Indonesian Armed Forces is an act in which a member of Indonesian Armed Forces leaves the unit/base without the legal permission of his superior. The settlement of desertion cases is processed through a special justice system that is military court. The method used in this research is juridical normative and empirical juridical which refers to the principles of law in the form of conception, norms, rules of legislation, court decision and collect, find data and information through field study to member of Indonesian Army of Ajendam I/Bukit Barisan who commits a criminal act of desertion in peace time. The nature of this thesis research is descriptive analysis. Data collection techniques conducted in this study is primary data collection conducted by field study and secondary data collection conducted by library research. Keywords: Members of Indonesian Army, Desertion, Implementation of Military Criminal Law.

HUKUMAN KEBIRI KIMIA (CHEMICAL CASTRATION) UNTUK PELAKU KEKERASAN SEKSUAL PADA ANAK DITINJAU DARI KEBIJAKAN HUKUM PIDANA Kristina Sitanggang; Madiasa Ablisar; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Case of child abuse that committed by the nearest people with the children is a concerned condition. The environment and people around the children should teach, protect, educate and direct them to grow up and develop into a good child. In fact, the immediate environment like parents or family and teacher even become the parties who damage the mental and future of the children throught the unlaws act. This case is a form of human rights violation. It is not only to seize the unsurpation of security and protection but a victim also lose the right to live a physical and spiritual life, the rights to be free from torture or degrading treatment of human dignity and even loss their rights to life. Based on this case, the government conducted a criminal law policy through the provisions of the formulation of issuing government regulation in lieu of Law number 1 of 2016 which was then agreed by the legislative into the Law number 17 of 2016 which regulates the act of chemical castration for pedophile. Chemical castration is done by inserting antiandrogen chemicals, pills or injections into a person's body to weaken the hormone testosterone. Simply, the chemicals that are inserted into the body will reduce even eliminate libido or sexual desire. Chemical castration actions regulated in the provisions of law number 17 of 2016 is a form of punishment that is not in accordance with the criminal law policy in Indonesia, which criminal law policy in Indonesia is based on the provisions of Pancasila and the 1945 constitution. Chemical castration actions formulated in Article 81 paragraph (7) can be said is not in accordance with the values of Pancasila especially the first principle, a divinity that is an ultimate unity and the second principle, a just and civilized humanity Keyword : Punishment, Chemical Castration, Criminal Policy

ANALISIS HUKUM GANTI RUGI TANAH MASYARAKAT UNTUK PEMBANGUNAN JALAN TOL MEDAN-KUALANAMU-TEBING TINGGI (STUDI DESA BANGUN SARI KECAMATAN TANJUNG MORAWA KABUPATEN DELI SERDANG) Rizky Feb Riansyah Hasibuan; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bangun Sari Village Community, Tanjung Morawa Sub-district Deli Serdang Regency whose homes and land have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway, feels aggrieved by the government's policy to raise the recently replaced land price Loss or in 2016. In the period of 2013-2015 the people whose land and houses have been compensated at Rp.236.000/meter (two hundred thirty six thousand rupiah/meter) regardless of the status of land ownership of either the Certificate of Property (SHM) Or other rights basis are all paid at the same price. However, it is very different from some of the people of Bangun Sari Baru Village whose homes and land were compensated in 2016 have increased dramatically to 300% (three hundred percent) and added some additional clause items starting from non-physical losses (premium, Solatium, and transaction costs) and the compensation of the waiting period. Therefore, it is necessary to examine the basis of the compensation arrangement for land taken by the state for the public interest. Non-compliance with compensation for houses and land obtained by the community of Bangun Sari Village, Tanjung Morawa Sub-district of Deli Serdang Regency for the construction of Medan-Kualanamu-Tebing Tinggi Highway. Efforts that can be made by the people of Bangun Sari Village, Tanjung Morawa Sub-district, Deli Serdang Regency, due to inconsistency of compensation for houses and land that have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway. Keywords: Toll Road, Public Interest and Indemnification

PENEGAKAN HUKUM TERHADAP PRAKTEK PUNGUTAN LIAR DI JALAN RAYA OLEH MASYARAKAT DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (STUDI KASUS DI POLRES LANGKAT) Mulya Hakim Solichin; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The crime rate at Polres Langkat have been increasing every year. The practice of thuggery such as illegal levies on the highway is one of several factors that cause this increase of the incidence. The action of Polres Langkat against the practice of illegal levies on the highway is applying the Kitab Undang Undang Hukum Pidana (KUHP), Undang Undang, 2009 No. 22 about road traffic and transportation, the implementation is related to Peraturan Mahkamah Agung (PERMA) 2012, No.2 about the adjustment of the criminal acts limit and the amount of penalties in KUHP. This research was conducted with empirical juridical approach applying secondary and primary data. The descriptive analysis method is used in this research through secondary and primary data. At least there 3 obstacles occurred in the effort of the Polres Langkat Those are law enforcement officials, legislation and legal culture of the Langkat district, while the legal impact on the community of the practice of illegal levies is still considered justified. Based on the results of this research it is suggested that the law enforcement officials must understand. The aplicaion of the next PERMA law correctly. The cooperation work among the law inforcement officials, the the goverment and the community should play an active role through supervision, mental, and moral education to give effect detterent so that it can change the mentality of the offender to be better in their attitude. Keywords: Police Roles, Illegal Levies on Highways, legal policies, Crime Justice System.

PEMBERIAN RESTITUSI TERHADAP KORBAN ATAU AHLI WARIS DALAM TINDAK PIDANA PERDAGANGAN ORANG Boy Amali; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Every victim of human trafficking crime or their heirs the right to obtain restitution. Restitution referred to in paragraph (1) for damages above: a. loss of wealth or income, b. suffering, c. costs for medical care actions and / or psychological and / or d. other losses suffered by the victim as a result of trafficking. The refund was given and included simultaneously in the ruling court on criminal case of human trafficking. Restitution carried out since the first level court decision handed down may be deposited in advance at the court where the case is disconnected. Restitution is done within 14 (fourteen) days from assured decision that has obtained permanent legal force. The perpetrator was acquitted by the court of appeal or cassation, the judge ordered restitution in the decision that the money deposited is returned to the person concerned. The conclusion of this thesis, 1.Government Indonesia is expected to soon establish minimum standards for the eradication of trafficking in persons. Furthermore, it should start using the Law No. 21 Year 2007 on Eradication of Trafficking in workers' trade practices. Improvement in the performance of the courts, prosecution and sentencing in cases of labor trafficking, including those involving labor recruitment agencies. Checking back in a Memorandum of Understanding with the countries that became the purpose of trading to incorporate protection of the victim. Need for increased efforts to prosecute and convict public officials who profit from or are involved in trafficking. Increase funding for law enforcement and rescue, restore and reintegrate victims. 2. Though no firmness in Law No. 21 of 2007 as mentioned above, wants to decisions restitution, executor of execution is the prosecutor, because since the beginning of the prosecutor has been involved in the filing restitution claims. (Article 50 paragraph (3) of Law No. 21 of 2007). If the merger of damages and criminal cases in the Criminal Code, implementing the execution of criminal decisions implemented by the Prosecutor (Article 270 Criminal Procedure Code), while the decision of restitution / compensation is carried out according to the procedures of the civil judgment (Article 274 of the Criminal Code) .3.Laws Number 21 Year 2007 to be immediately implemented by the issuance of Government Regulation (PP) on mechanisms and Procedures Restitution for Victims of Crime of Trafficking in Persons. In the PP least should regulate: a.Tata how to care restitution and the role of prosecutors in filing surrogate restitusi.b.Tata to calculate the value loss to be submitted to the court and the prosecution authorities determine the amount of losses that will be submitted to the court. c. Authority prosecutors filed the restitution is mandatory not voluntary so that he does not need approval from the victim, unless the victim asked the prosecutor not to file a restitution claim. d. Attitude prosecutor if the victim is more than one, there are welcoming the decision and some are wanting appeal. But should the prosecutor suggested to those who refuse to file a lawsuit through the civil order not to harm the victim receives. e.Must firmness that the execution must go through the prosecutor, so that prosecutors can actually carry out surveillance that restitution was met by the offender. Keywords: Restitution, Victims Or Heirs, Crime, Human Trafficking.

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Contact Name
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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA