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PEMISAHAN PENYIDIKAN TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) DARI TINDAK PIDANA KORUPSI SEBAGAI TINDAK PIDANA ASAL (PREDICATE CRIME) Muhammad Junaidi; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Investigation of money laundering crime and corruption as a criminal offense is very possible to be done separately or there is a separation of investigation. Therefore, it is necessary to examine the separation of investigation into money laundering crime with corruption as an offense. Factors that affect the separation of investigations in money laundering crime with corruption as an offense. Obstacles in separating the investigation of money laundering crime with corruption as a criminal act of origin and efforts to overcome the barriers of separating the investigation of money laundering crime with corruption as an offense. Keywords: Separation, Corruption and Money Laundering Crime

PERTANGGUNGJAWABAN PIDANA DOKTER YANG TIDAK MELAKUKAN REKAM MEDIS TERHADAP PASIEN (STUDI PUTUSAN PERKARA NOMOR 86/PID.B/2009/PN.LGS) Paian Tua Dolok Matio Sinaga; Madiasa Ablisar; Marlina Marlina; Chairul Bariah
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A doctor is seen as a very noble profession, so with that assumption, the people involved in sustaining life are seen as noble ones. It shows the form of human dependence on the importance of the existence of doctors in the world of health. Patients have great confidence and expectation of the doctor for the illness, even if they have to pay a lot of money. In fact, there are often mistakes caused by the negligence of doctors in the treatment of patients who do not make a medical record. This causes great disappointment to the world of medicine, the patient becomes lost trust and also cause traumatic effects on doctors. In addition to feeling disappointed patients are also harmed both in health, service and also materially. This study aims to describe and analyze the form of criminal liability doctors who do not record medical patients. Primary data collection is done through legislation and case study dr. Bukhari, Sp.OG which occurred in 2009 in Langsa Aceh. The regulation of medical records on doctors who practice medicine has been regulated clearly in Law No. 29 of 2004 on Medical Practice and Regulation of the Minister of Health No. 269/MENKES/PER/XII/2008 concerning Medical Record. In performing its obligations the doctors should refer to it. So that doctors can be asked for accountability either criminal or civil. The form of criminal liability of a physician who does not perform medical records in the conduct of medical practice based on the Case Decision Study Number 86/Pid.B/2009/PN.LGS states that, the doctor who deliberately did not make a medical record to his patient while carrying out his medical practice in accordance with the Medical Profession Standard so as to be sentenced to the defendant dr. Bukhari Sp.OG with a fine of Rp. 30,000,000 (thirty million rupiahs), stipulates if the fine is not paid then replaced with imprisonment for 3 (three) months. Keywords: Criminal liability, Doctor, Medical Record, and Patient.

PENERAPAN PIDANA MATI DALAM HUKUM POSITIF DI INDONESIA KAITANNYA DENGAN HAK ASASI MANUSIA (DALAM PERKARA NOMOR 271/Pid.Sus/2016/PN. Mdn jo PERKARA NOMOR 395/Pid.Sus/2016/PT.Mdn) Rica Gusmarani; Ediwarman Ediwarman; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state of emergency of narcotics became the basis of the Indonesian Government's consideration to impose capital punishment on suspected drug cases in this case is Booking and Dealer which in fact have a destructive effect on the future of Indonesian youth. The application of capital punishment, both in Indonesia and countries in the world there are still many opinions that are pros and cons. capital punishment in the positive criminal law in Indonesia is still relevant to apply that in the future the formulation, implementation, and implementation of capital punishment shall pay attention to four important matters. First, capital punishment is no longer a principal punishment, but as a special and alternative criminal act. Secondly, capital punishment may be imposed with a ten-year probation which if the prisoner is liable can be changed with life imprisonment or for 20 years. Third, capital punishment can not be imposed on immature children. Fourth, the execution of capital punishment on pregnant women and a mentally insured person is suspended until the pregnant woman gives birth and the mentally ill prisoner is healed. On the other hand, the death penalty is also intended as a deterrence or detention for criminals, especially narcotics dealers and dealers whose actions can damage the physical and mental generation of young people who are the nation's shoots so that it can threaten the National Resilience of the Indonesian Nation. Keywords: Death Penalty, Narcotics Crime, Human Rights.

PELAKSANAAN PERKAWINAN BEDA AGAMA DENGAN PENETAPAN PENGADILAN NEGERI DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN DAN UNDANG-UNDANG NO 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN (Analisis 3 (tiga) Penetapan Pengadilan Negeri di Indo Rurin Tiopani Tambun; Hasim Purba; Utary Maharani Barus; Yefrizawaty Yefrizawaty
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Marriage is an event which is important in human life. Marriage is also regarded as something sacred because every religion always connects the rules of marriage with religious principles. Along with the development of the era, the phenomenon of different religious marriages are not a new thing in Indonesia. The methods used in this thesis is normative juridical research. The results show that the implementation of different religious marriages with the Determination of State Court according to The Enactment of Law No. 1 of 1974 about Marriage is law does not recognize the different religious marriages. While the implementation of different religious marriages with the determination of the State Court according to The Enactment of Law No 23 of 2006 about Population Administration is to apply the establishment of marriage of different religions to the registrar of State Court, then will be examined by the judge in court, and then the Judge will order the Department of Population and Civil Registry to record the marriage of the different religions. Consideration of the judges in giving the different religious marriage license are using Article 35 of Enactment of Law No. 23 of 2006 about Population Administration, MARI’s determination No. 1400K / Pdt / 1986 dated January 20, 1989, Article 27 of the 1945 Constitution, and Article 10 paragraph (1) and (2) of Enactment of Law No. 39 of 1999 about Human Rights. The legal consequences of the determination of the State Court is marriage of the different religions is a invalid marriage. Because the marriage of different religions has violated the provisions of Article 2 paragraph (1) regulating the validity of marriage and Article 8 which regulates the marriage ban in The Enactment of Law No. 1 of 1974 about Marriage. Children born in different religious marriage will be an illegitimate children, because they are inconsistent with the contents of Article 42 of the Marriage Law. Keywords: Marriage, Different Religions, Legal Considerations

PEMIDANAAN PENGURUS KOPERASI DALAM TINDAK PIDANA PENGGELAPAN SIMPANAN BERJANGKA (ANALISA PUTUSANNOMOR 76 /PID.B / 2014/ PN.MLG) Samsul Aripin Silitonga; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT This thesis is entitled Criminal Cooperative Management In the Fraud Crime Time Deposit (Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg). To answer the problem is done research using normative legal research, Using secondary data in the form of primary, secondary and tertiary legal material with legal approach method in answer formulation of problem about how arrangement about saving by saving and loan cooperative according to legislation about cooperative, how the criminal liability of cooperative management in criminal act of embezzlement of time deposit, How the judge's judgment in dropping the decree against the actions of the cooperative management commits a criminal act of embezzling the appropriate time deposits Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg. The results showed that the judge in the imposition of criminal is based on the consideration of things that incriminate and relieve the criminal and criminal liabilities of futures imprisonment by the cooperative management is an action threatened with Article 374 of the Criminal Code because the management of the cooperative commits a crime by using the position as a board of cooperatives, able Responsible and no excuses of forgiveness. Judges in the imposition of criminal does not apply the criminal provisions contained in the Act to the fullest. Through this research, it is suggested that supervision and training of cooperative management as a form of prevention of abuse of authority carried out by cooperative management in order to conduct business activities in collecting the term saving funds implemented by the Cooperative Board in accordance with the provisions of the Law. The need for criminal imposition to the cooperative management by applying the criminal provisions contained in the Law to the maximum and the need for changes to Law No. 25 of 1992 on Cooperatives that regulate the criminal liability of cooperatives Keywords: Time Deposit, Crime, Legal Consideration

ANALISIS YURIDIS PENYELESAIAN KREDIT BERMASALAH ATAS JAMINAN GADAI DALAM PRAKTEK DI PEGADAIAN STUDI PADA PT. PEGADAIAN PERSERO CABANG RANTAUPRAPAT Muhammad Rudini Harahap; Hasim Purba; Megarita Megarita; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The results of the study indicate that problem loans in PT. Pegadaian (persero) Branch Rantauprapat in the last five years (2012-2016) the are fifty cases caused by the following factors, first because of the unstable price of oil palm commodity which is the main source of local revenue Labuhanbatu, secondly because the business owned by the customer suffered a loss, third because there is no good faith from customers to pay off debt, and the last causal factor of the customer abusing the credit provided. The sale of the object of the mortgage guarantee is by the parate eksekusi by the pawnshop, associated with the rules Otoritas Jasa Keuangan (OJK) number 31/POJK.05/2016 about the pawnshop effort under article 24 paragrafh (3) the sale of the pledge security object can be done in to ways : the customer sells his or her own guarantee object of authorizes the pawnshop to make a sale against the pledge object. Sale against the object of the morgage guarantee that can not cover the debt, then the customer is responsible for the remaining debt. If the customer can not pay off the remaining debt, the impact received by the customer in the next stage of the customer can not make a loan if a time requires funds because the customer’s identity has been on the black list. The black list can last two years or more. Keywords : Nonperforming Loan, Mortgage Guarantees

ANALISIS TERHADAP INPRES NO.7 TAHUN 2015 JO INPRES NO.10 TAHUN 2016 TENTANG AKSI PENCEGAHAN DAN PEMBERANTASAN KORUPSI KAITANNYA DENGAN PERANAN KEJAKSAAN SEBAGAI PENYIDIK Henry Sucipto Sanjaya Sirait; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT President R.I Joko Widodo issued Presidential Instruction No. 7 of 2015 and Presidential Instruction No. 10 of 2016. Presidential Instruction No. 7 of 2015 has 8 points to be implemented. The problem of this research: How to regulate the role of the Prosecutor as an investigator in the action and prevention of criminal acts of corruption. What is the role of the Prosecutor as an investigator with the issuance of Presidential Instruction No.7 Year 2015 Jo Presidential Instruction No. 10 of 2016. What are the factors inhibiting the Prosecutor's Office as investigators of corruption prevention and eradication by issuing the Inpres. The conclusions of this research are:1.Settings role of the Prosecutor Office as investigator in action and prevention of corruption crime 2.Prosecutor's Appeal as investigator relation with the issuance of Presidential Instruction No.7 Year 2015 Jo Inpres No.10 Year 2016.3.Factor inhibiting the Prosecutor as investigator in prevention and the eradication of corruption by the issuance of the Inpres. Suggestion of this research:1. The Prosecutor through TP4D team to be involved in escort, both in budget planning, auction, implementation until the completion of procurement activities of government goods and services.2. The Prosecutor should play an active role in the enforcement of legal supermarkets and the eradication of corruption without intervention both externally and internally. 3. The Prosecutor should get additional budget by issuing the Inpres and increasing human resources in conducting investigation and prosecution of corruption crime. Keywords : Inpres, Prevention, Eradication, Corruption, Role, The Prosecutor, The Investors

PERAN KOMISI PEMBERANTASAN KORUPSI (KPK) SEBAGAI PENYIDIK DAN PENUNTUT TINDAK PIDANA KORUPSI DALAM PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN NOMOR: 10/PID/TPK/2014/PT.DKI ; NOMOR: 1195 K/PID.Sus/2014 ; NOMOR: 2223 K/PID.SUS/2012) Frima A Sitanggang; Bismar Nasution; Alvi Syahrin; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT KPK (Corruption Eradication Committee) is a state institution which independently prevents and eradicates criminal acts of corruption and money laundering. The research problems are, firstly, how about the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act; secondly, how about the obstacles of the role of KPK as the investigator and prosecutor of the corruption criminal act to eradicate the money laundering criminal act; and thirdly, what about the solutions to overcome the obstacles of the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act. These problems will be analyzed through a study on the Rulings No. 10/PID/TPK/2014/PT.DKI; No. 1195 K/PID.Sus/2014; and No. 2223 K/PID.Sus/2012. Legal System Theory is used as the theoretical framework used for the analysis in this research which covers the Legal Structure, Legal Substance and Legal Culture. The results of the research show that KPK has incorrectly charged on the indictment to the perpetrator. The indictment of KPK to the perpetrator is cumulative and contrary to the Article 65 of KUHP (the Penal Code). The role of KPK to return the state loss and to seize the perpetrator’s wealth resulted from the money laundering has been performed by KPK and the legality of the action of KPK has to be based on the laws without violating the order of the prevailing laws. The obstacles encountered by KPK in the prevention and eradication of the money laundering criminal act are, obstacles from the Perspectives of Laws, Law Enforcer, and Legal Culture. Keywords: Investigator, Prosecutor, Corruption, Money Laundering, KPK

ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP ANAK YANG DIJADIKAN KURIR NARKOTIKA Maryani Melindawati; Madiasa Ablisar; Mahmud Mulyadi; Edi Ikhsan
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Narcotics abuse seems a natural thing in Indonesia. It appears in news on criminality program every day. It is illegal which means that if one does not have license or authority to use narcotics, either for himself or for other people, it can be categorized as narcotics abuse. A child who plays his role as a courier in drug trafficking can be called a child that is in conflict with law or juvenile delinquency. As young generation that functions as human resources for the national development, they need to be protected through strategic stages, either legally or educationally, and other related fields. The problem is that, in practice, legal protection tends to punish them, instead of improving and bringing them back to their own good and honest nature. It is recommended that legislative body establish regulations on child criminal (as a courier in drug trafficking) so that it is not necessary to apply regulation for an adult as if the child is able to commit the crime as an adult. The regulation on diversion for all criminals, including children as couriers in drug trafficking and the limitation of diversion is only when they are sentenced to death should be changed. Law enforcers, aided by the government, should help realize any efforts which haven explained in Chapter IV, sub b of this research. Keywords: Child, Narcotics, Legal Protection

PENERAPAN TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE) DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL (CORPORATE SOCIAL RESPONSIBILITY) PADA PT. PERTAMINA EP RANTAU KABUPATEN ACEH TAMIANG Simon Simon; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Implementation of corporate social responsibility by using good governance is done by one of the companies in Indonesia, namely PT. PERTAMINA EP RANTAU Kabupaten Aceh Tamiang. PT. PERTAMINA EP RANTAU Aceh Tamiang District manages business with ethical behavior with regard to people, profit and planet. The location of good corporate governance in the implementation of corporate social responsibility is reflected in the synergy of corporate social responsibility activities that involve the active role of the community and local government in accordance with existing resources and the principles of local wisdom through Social Mapping and Focus Group Discussion in areas that belong to the region work, namely Aceh Tamiang and Langkat districts. Keywords: Corporate Social Responsibility, Good Corporate Governance, and Company

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