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PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI YANG MELAKUKAN PEMBAKARAN LAHAN MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (ANALISIS PUTUSAN PENGADILAN NEGERI BENGKALIS NOMOR 547/PID.SUS/2014/PN.BLS) Dita Kartika Sari Hasibuan; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia is a country with the largest forest area in the world. Indonesia's forest as a source of natural wealth is one of the most basic capitals of national development used to increase Indonesian prosperity. In essence, forest development is, among other things, to be used as plantation land, agriculture and for the prosperity of the people. This was originally expected to be realized but it turns out that it is now just something that seems to be difficult to happen. This is due to the rampant fires or burning of plantation land that continues to occur oday in Indonesia. Land fires/burning is now a very serious problem in Indonesia because it can cause multi-dimensional problems related to economic, social, cultural and environmental aspects. In connection with this, the purpose of this study was: to find out about the provisions of criminal acts of land burning by corporations according to UUPPLH, to find out the criminal liability of corporations that carry out land burning based on UUPPLH, and to determine the analysis of the Bengkalis District Court's decision Number 547 / Pid . Sus / 2014 / PN.Bls. The method used in this study is normative research, with the nature of descriptive analysis, sourced from secondary data with primary legal material, secondary legal material, and tertiary legal material. This research was conducted by collecting data in library studies and document studies analyzed qualitatively using the Statute Approach and Case Approach. The provision of criminal acts of land burning committed by corporations is focused on Law Number 32 Year 2009. The act of environmental crime committed by corporations on land burning is also a material offee of illegal action that causes pollution or environmental damage. The criminal liability of corporations committing land burning based on UUPPLH is the imposition of criminal penalty in accordance with Article 108 jo. Article 116 Paragraph (1) Letter a is a minimum of Rp.3,000,000,000 and a maximum of Rp.10,000,000,000. However, the corporation is subject to a fine of Rp.2,000,000,000 because from the legal facts the corporation in this case is only proven negligent over the quality standards of ambient air in accordance with the provisions of Article 99 Paragraph (1) and additional criminal complements of fire prevention facilities. Based on the analysis of the Bengkalis District Court Number 547 / Pid.Sus / 2014 / PN.Bls. it was found out that the decision of Public Prosecutor's demand and that of the Judge's are not the same. Judge's decision is lighter than the Prosecutor's demand. The judge verdict was that the defendant was only proven negligent over exceeding the quality standards of ambient air due to land burning. In fact, the land burning committed by the defendant PT. NSP made a huge loss. However, at least the defendant provided the appropriate compensation for the negligence. Here, the thesis writer is in disagreement with the mild judgment of the Panel of Judges because the decision did not provide a deterrent effect on what was done and for the negligence of the defendant, PT. NSP. Keywords: Criminal Responsibility, Corporations, and Land Burning.

IMPLEMENTASI PASAL 69 AYAT 4 UU NO 45 TAHUN 2009 TERHADAP KAPAL IKAN BERBENDERA ASING YANG TERTANGKAP TANGAN MELAKUKAN ILLEGAL FISHING OLEH DIT POLAIR POLDA SUMUT Hariyatmoko Hariyatmoko; Alvi Syahrin; Suhaidi Suhaidi; Edi Yunara
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The theft of fish at sea have caused great loss of fishery in the territory of the Republic of Indonesia. Mandate of the Act No. 45-year 2009 article 69 paragraph 4 to carry out the functions of supervision and law enforcement in the field of fisheries in the area of management of fisheries of the Republic of Indonesia. On the basis of the policy of the Directorate of Police (.dit Polair) Waters of North Sumatra doing the sinking ship of a foreign flagged fishing perpetrators of illegal fishing. Based on the research behind latas will be analyzed the implementation of paragraph 4 of article 69 of the Act No. 45-year 2009 against a foreign flagged ship fish which is caught hands doing illegal fishing with the object of research conducted at the .dit Polair Police Of North Sumatra. The research was carried out using the method of normative legal research. Research data using secondary data and supported by primary data. Data collected with the use of the study of the literature and interviews. The data analysis done with the method of qualitative analysis. Protecting the richness of the waters from the level of illegal fishing which can interfere with the conservation of nature, protect the traditional fishing, improve social welfare and State revenue. Policy action to eradicate illegal fishing puts the magnitude of the law court decisions remains the sinking process when compared to foreign vessels caught hands starting with the evidence sufficient. Implementation of the sinking ship of alien fish by North Sumatran Police Polair Recorded in the maintenance of kamtibmas, law enforcement, as well as provide protection, shelter and service to the community. Nevertheless Recorded Polair Poldasu experiencing obstacles in the application of article 69 paragraph 4 of Act No. 45 of the year 2009. It is because after enactment of the Ordinance, there is a constraint that does not support an increase in production and export in terms of quantity and quality. Based on the above research advice researchers that implementation of article 69 of the Act 45 Years 2009 paragraph 4 needs to pay attention to the basic considerations against the background of the enactment of the Government policy in the prevention efforts illegal fishing. Law enforcement agencies to be more active in conducting dissemination to the public of illegal fishing. Law enforcement must do other efforts can support the success in preventing the occurrence of illegal fishing with the increase in HUMAN RESOURCES, improvement of facilities and infrastructure supporting operasioanal, improve security operations on a regular basis and coordinated. Keywords: the sinking of the ship, Illegal Fishing, Recorded Polair of North Sumatra.

ANALISIS YURIDIS KEWENANGAN PPNS LINGKUNGAN HIDUP SEBAGAI PENYIDIK DENGAN TERKAIT PENGGABUNGAN KEMENTERIAN LINGKUNGAN HIDUP DENGAN KEMENTERIAN KEHUTANAN Muhammad Reza Azhar; Alvi Syahrin; Suhaidi Suhaidi; Syamsul Arifin
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Lately the role of investigators is very important in the process of proof of law, especially with special criminal acts, especially criminal acts in the environmental field. therefore, it is deemed necessary to incorporate the Ministry of Environment and Forestry to the extent of the duties and authorities of environmental civil servant investigators in carrying out their duties and functions. Keywords : Investigators, Environment, authorities

PENJATUHAN PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK TERHADAP PELAKUTINDAK PIDANA KORUPSI (ANALISIS PUTUSAN MA NOMOR 1261/K/PID.SUS/2015) Rasina Padeni Nasution; Alvi Syahrin; Mahmud Mulyadi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The criminal act of corruption is extra ordinary crimes so extraordinary enforcement (extra ordinary enforcement) and extraordinary measures (extra ordinary actions) are required. The form of countermeasures that is done is to drop the extra criminal to the perpetrator. One of the criminal forms provided is an additional crime in the form of revocation of political rights. The removal of political rights as additional criminal can only be imposed in relation to the political office elected by the election process, and can not be imposed permanently or permanently. There must be a definitive time limit on how long the revocation of political rights may be imposed. Insofar as it is done through due process of law which is in addition to the principal penalty imposed. The method used in this study, is analytical descriptive research directed to find out more deeply and analyze additional criminal penalties in the form of revocation of political rights against perpetrators of corruption through the Supreme Court's decision Number 1261 K / Pid.Sus / 2015. The additional criminal arrangements in the form of revocation of political rights are based on the principle of legality, which reads nullum crimen, nulla poena, sine preavia lege (poenali). This indicates that the imposition of an additional criminal in the form of revocation of political rights against the perpetrators of corruption acts in truth is not contradictory to Human Rights with justifiable reasons for the applicable legislation. The consideration of the Panel of Judges in Supreme Court Decision Number 1261 K / Pid.Sus / 2015 states that the criminal act of corruption perpetrated by the perpetrator is a multi-effect crime and extra ordinary crimes so there is no conflict with human rights values such as freedom, equality, autonomy and security. However, in its verdict the judges merely declare the imposition of an additional penalty in the form of revocation of the right to be elected in public office without giving a certain time limit, while through the decision of the Constitutional Court Number 4/PUUVII /2009 has stipulated that the revocation of political rights is considered constitutional with the restriction of rights only valid for up to five years from the time the convicted person has finished his sentence. Article 38 of the Criminal Code determines the revocation of rights shall come into force on the day the court ruling commences. This leads to overlapping of rules between one criminal law product and another and another subsequent problem, namely criminal disparity. On the basis of any overlap that occurs in any additional penal provisions in the form of deprivation of political rights, it is necessary to synchronize the norms, to end the conflict between the laws therein and to extract the values of Pancasila as the source of the law. Keywords: additional criminal, political rights, corruption

PEMBERIAN RESTITUSI SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA PERDAGANGAN ORANG Rini Anggreini; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the forms of conflicts encountered in the community is the crime of human trafficking which can be categorized as modern slavery. Children who became victims of the criminal acts of trafficking such person need to be protected because a criminal offence against a child not only cause physical or psychological suffering that affect the growing of cotton and the quality of life of the child but also raises materially disadvantage or immateriil. Basically there are forms – form or model protection can be given to children as victims of trafficking which one is granting Restitution. There are rights that are owned by children of various legal instruments and rules that exist. The fulfillment of the rights of the child is also the protection of the law as an attempt to advance the child if the child is a victim of a criminal offence. One of the efforts of the legal protection and rights that is owned by a son who became a victim of a criminal act is a right to obtain restitution. In the Presidential Regulation Number 43/2017 about implementation of Restitution for child as a crime victims set up one about the mechanism of filing the Restitution. Filing a restitution mechanism can be divided into two stages, namely submitted at the stage of investigation and prosecution. In addition the application for restitution can also be submitted following the verdict of the Court. Various barriers or legal issues are still found in the Presidential Regulation Number 43/ 2017. Keywords : Restitution, legal protection, children, Human Trafficking

ANALISIS YURIDIS PENANGANAN PERKARA TINDAK PIDANA PENCUCIAN UANG OLEH KORPORASI (ANALISIS TERHADAP PERMA NO. 13 TAHUN 2016 TENTANG TATA CARA PENANGANAN PERKARA TINDAK PIDANA OLEH KORPORASI) Sahbana Pilihanta Surbakti; Bismar Nasution; Budiman Ginting; Madiasa Ablisar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of rules of the Supreme Court (PERMA) No. 13 of 2016 On The handling of the matter a criminal offence by the Corporation (then known as Perma 13) was issued on the grounds that the Corporation as an entity or a legal subject its presence gives great contribution in enhancing economic growth and national development, but in reality the Corporation may also conduct various criminal acts (corporate crime) that carries the impact of losses against the State and society, that in fact the Corporation can be a place to hide the wealth of results the criminal act untouched legal proceedings in criminal liability (criminal liability). That many laws in Indonesia put the Corporation as the subject of a criminal offence may be subject to liability, but corporate law with the subject matter presented in criminal proceedings is still very limited, one of the reasons are the procedures and the procedures for inspection of the Corporation as the perpetrator of the crime is still unclear, it is therefore deemed necessary the presence of a guide for law enforcement officers in the handling of criminal cases committed by the Corporation. As for that being that became an issue in the formulation of the research is How the settings of the crime in the field of money laundering based on law No. 8 of 2010 About money laundering. This form of accountability for perpetrators of Crime money laundering according to law No. 8 of 2010 after the promulgation of the Perma No.13 of 2016 On The handling of the matter a criminal offence By the Corporation. Supreme Court rule number 13 of 2016 and use the approximation of legislation (the statute approach) of Act No. 8 of 2010 About money laundering. When examined related Arrangements in the field of money laundering crime under law No. 8 of 2010 Concerning the prevention and eradication of the crime of money laundering is arranged starting from article 3 up to article 9 of law No. 8 of 2010 on prevention and The Eradication Of Criminal Acts Of Money Laundering. PP TPPU article 6 of the ACT clearly states that a requirement can be dipidananya a corporation based on the crime of money laundering as referred to in article 3, article 4 and article 5, performed by the Corporation. takeover of the Corporation by the State of criminal with a replacement with the seizure of assets. Keywords: Corporate, criminal act of money laundering, the Supreme Court Rules.

PENJATUHAN PUTUSAN SELA TANPA ADA EKSEPSI DITINJAU DARI TUJUAN HUKUM ACARA PIDANA (Studi Putusan Sela Nomor 353/Pid.Sus/2015/PN.Sim) Samandhohar Munthe; Alvi Syahrin; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The indictment can be declared null and void in the interim decision if there is an exception from the defendant / legal counsel. How is the position of the charges stated null and void in interlocutory decisions and the subject matter has been examined in terms of the purpose of criminal procedural law. Charges declared null and void in interlocutory decisions and have been examined the subject matter of the case is contrary to the principle of legality and Article 143 paragraph (2) letter b of the Criminal Procedure Code, causing legal uncertainty. The purpose of criminal procedure law to find material truth is not guaranteed by law. Material requirements must not be too broad and broad, enough careful, concise, clear, and complete description of the time and place of the crime. The interim verdict stated that the invalidation of law without an exception did not fulfill the principle of legal certainty in accordance with Article 156 paragraph (1) and paragraph (2) of the Criminal Procedure Code. Witness information is not a material requirement in Article 143 paragraph (2) letter b of The Criminal Procedure Code. In order for the indictment to be declared null and void in the interlocutory verdict and to have examined the subject matter of the case, it must be dropped in the final decision. In order for the purpose of criminal procedural law to seek material truth, it is stated in the law. In order for the judge to make the final verdict, the witness who was not questioned by the investigator was included as things that burdened the defendant. Keywords: Interim Decision, Indictment, Indictment Canceled For Law, Without Exception, Examination of Case Principles.

KEDUDUKAN HAK MENDAHULU TAGIHAN PAJAK PADA PROSES KEPAILITAN (STUDI PUTUSAN-PUTUSAN PENGADILAN NIAGA) Sheila Miranda Hasibuan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The main state revenue is through the tax sector. The issue of corporate bankruptcy which is an economic phenomenon that cannot be avoided in the business world. One of the effects of bankruptcy is the reduced state revenue from payment of corporate taxes. One important factor in the division of bankrupt assets is the position of creditors and the position of the state's right to payment of tax debts in the debtor's bankruptcy process. Another problem that might arise is that it turns out that the assets owned by the bankrupt debtor are insufficient to be used as repayment of the debts of the creditors. The portion of debt tax payable in some cases can exceed the proceeds of the sale of bankrupt assets, so that if all are prioritized to pay off the tax debt, the other creditors are threatened not to get anything from the proceeds of the sale of bankrupt assets. The problems discussed in this thesis are concerning the prior position of rights in the laws and regulations related to bankruptcy, collection of tax debts against taxpayers declared bankrupt and regarding the application of preceding rights to tax debts to taxpayers declared bankrupt based on court decisions. The research method used is normative juridical descriptive nature. This research focuses on library research and is based on secondary data, and analyzed using qualitative analysis methods. The research conducted shows the results that the laws and regulations governing the prior rights of creditors to debtor debts are insolvent spread in many laws, which causes legal uncertainty. This situation resulted in the position of the creditors becoming vague and uncertain. Furthermore, regarding taxpayers declared bankrupt, either the person or entity assigned to do the settlement is prohibited from distributing the assets of the taxpayer in bankruptcy, before using the asset to pay the tax debt of the taxpayer concerned. The application of prior rights over tax debts to taxpayers declared bankrupt based on court decisions has multiple interpretations, on the one hand recognizing the position of the state as the prior owner of the rights, but in other decisions the position of rights before the state is ruled out. Keywords: Priority Rights, Bankruptcy, Tax Bills

PENERAPAN UNDANG-UNDANG NO. 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN TINGGI SUMUT Taufik Taufik; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT For a Public Prosecutor (JPU) it is not easy to verify the indictment in the corruption case in the court, especially in the case of corruption, the evidence and the witnesses are numerous, it requires a team to do so. It takes courage, intelligence, professionalism in performing the proofing process, such as summoning witnesses, summoning experts, showing presenting evidence of letter and other evidence in front of the trial. The whole process of the trial required a skill. In addition to proving the indictment, in the case of handling corruption cases, the public prosecutor should also make every effort to recover the state's financial losses. In the case of Corruption, the public prosecutor has the right to give an indictment, but when viewed in the current corruption cases the public prosecutor often neglects and weakly performs duties and authority in the case of indictment. In the case of criminal acts of corruption, sometimes the public prosecutor is less assertive in giving indictments and processing cases of corruption. The emphasis of indecision here can be seen from the prosecutor's charges that are handling corruption cases, never using money laundering offenses in the indictment. Actually, Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime (hereinafter referred to as "TPPU Law") has been enacted since October 22, 2010 which aims to make the state financial loss so great that it can be returned to the state. Therefore, there is no weakness in the legislation in Indonesia to ensnare the perpetrators of corruption. The device already exists only live snared alone. The perpetrator of a corrupt crime must return all the proceeds of his crime to the state. Keywords : money laundering; corruption; high attorney office of north sumatra.

PENEGAKAN HUKUM PENETAPAN TERSANGKA YANG BERASAL DARI PUTUSAN PRA-PERADILAN (STUDI KASUS PUTUSAN NO. 24/PID.PRA/2018/PN.JKT.SEL) Yoyok Adi Syahputra; Madiasa Ablisar; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the Criminal Procedure Code, it is indeed regulated regarding control over the implementation of forced efforts by law enforcement officials, namely through pretrial institutions, specifically and limited to Article 77 of the Criminal Procedure Code. However, based on Republic of Indonesia's Constitutional Court Decision No. 21 / PUU-XII / 2014, dated 28 April 2015 that the validity of the Determination of Suspects, searches and seizures is part of the pre-trial authority. As the object of study and analysis in this study will discuss a case study of the Pre-Judicial Decision of the South Jakarta District Court No. 24 / Pid.Pra / 2018 / PN.JKT.SEL. The verdict was a pre-trial ruling filed by the Anti-Corruption Society (MAKI) related to the Century Bank corruption case which attracted the attention of many people both from anti-corruption activists and law academics even the wider community also gave great attention. Based on the foregoing, then as for legal issues in this study, namely: legal considerations regarding the order to carry out an investigation and assign a suspect in a criminal act of corruption against a person based on the Pre-Judicial Decision of the South Jakarta District Court 24 / Pid.Pra / 2018 / PN.Jkt.Sel., Associated with the authority of pre-trial institutions; the obligation of the investigator to order to carry out investigations and determine suspects based on pretrial decisions in corruption; and whether the pre-trial ruling that states that someone is involved in a criminal act of corruption can be used as preliminary evidence that a person can be made a suspect in a criminal act of corruption, or not. KeyWords : law enforcement; determination of the suspect; and pre-judicial decisions.

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