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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCUCIAN UANG PADA ASURANSI (STUDI PUTUSAN No.740/PID.SUS/2014/PT.MDN) Aulia Annisa; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The perpetrators of the crime of money laundering in insurance companies using mode-advanced mode so difficult are examined. Money laundering is a criminal offence that are attributable with other criminal acts. Origin of the crime (predicate crime) in accordance with article two (2) paragraph one (1) Law No. 8 year 2010. After he had done the crime perpetrator then origin such criminal conduct placement (placement) for the criminal offence of money results not known that result from criminal acts. The perpetrators of the obscure origin of these funds by placing in the insurance company up to with a specific time limit. The perpetrator put money into the insurance company and take the results of the Fund. The money like they not halal money of any crime. This is where the perpetrators of money laundering was very interested to do money laundering from insurance. Defendant Maria Rina Chrsissanty Sinaga has earned or gained control of placement, transferring, payments, grants, donations, day care, or to use the Treasures that he knew or should she bargained for was the result of a criminal act counterfeiting and forgery of the transfer to the account of such customer without the knowledge of its customers to conceal and disguise the proceeds of criminal acts. The process of proof in the criminal offence of money laundering through the insurance in the case of Maria Rina Chrissanty Sinaga using theories based on positive law because the system is adhered to the teaching that is based on whether or not the defendant is guilty there lack of valid evidence tools according to laws that can be used to prove the fault of the defendant. Judges here see anything presented by prosecutors with the tools themselves and then drop the verdict in accordance with kajahatan the accused. In its ruling No. 740/PID. SUS/2014/PT. MDN defendant in the snare of article 3 of law No. 8 Year imprisonment punishment 2010 with 2 (two) year 6 (six) months and a fine of Rp. 100.000.000 (one hundred million rupiah) if the fine is not paid then replaced with sentence 1 (one) months imprisonment. Keywords: Crime, Money Laundering, Insurance

TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA KORUPSI OLEH KORPORASI DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Joko Pranata Situmeang; Syafruddin Kalo; Edi Yunara; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT A business entity that may be involved in the procurement of land for public interest is clearly a legal entity/corporation in the form of a Limited Liability Company or PT. This is because PT has a very large capital. Entry of business entities in the procurement of land for public purposes clearly have a positive or negative impact. Positive impact with the involvement of corporations in the procurement of land for public interest is the acceleration of land acquisition can be faster because the funds are owned not only from the state budget (APBN/APBD) (Budget Revenue and National Expenditure/Budget Revenue and Expenditure Daera) because there are funds sourced from parties another is the corporation. Therefore, it is necessary to review the regulation of corporate participation in the procurement of land for public purposes. The elements of corruption committed by corporations in the procurement of land for public purposes and Corruption criminal liability by corporations in the procurement of land for public. Keywords: Land, Corporations and Public Interest

PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA DALAM MASA REHABILITASI (Studi Putusan Pengadilan Negeri Lubukpakam No. 1995/PID.SUS/2017/PN.LBP) Kharisma S Ginting; Alvi Syahrin; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Decision of the LubukPakam District Court No. 1995/Pid.Sus/2017/PN.Lbp dropped in accordance with the demands of the public prosecutor, guilty of violating article 112 paragraph (1) of Law no. 35 of 2009 on Narcotics should be known to be in the rehabilitation period of the narcotics then the judge handed down the rehabilitation decision in accordance with Article 103 paragraph (1) of Law no. 35 of 2009 on Narcotics does not impose a prison sentence accompanied by a fine. Therefore, it is necessary to examine the rule of law concerning narcotics abuse and drug abuse victims against people in the rehabilitation period. Criminal liability for the misuse of narcotics during the rehabilitation and punishment against abuse of narcotics during rehabilitation at the decision of LubukPakam District Court. 1995/Pid.Sus/2017/PN.Lbp. Keywords: Addiction, Abuse and Rehabilitation

IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR79/PUU-XII/2014 TERHADAP KEWENANGAN DEWAN PERWAKILAN DAERAH DALAM PEMBENTUKAN UNDANG-UNDANG Febriyani Helena Panjaitan; Mustafa Fakhri
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The authority of the Regional Representative Council to be able to submit a draft law along with academic texts to the President contained is not regulated in Undang-Undang Nomor 23 Tahun 2003 and Undang-Undang Nomor 27 Tahun 2009, the provision was deemed unconstitutional so that later the Court Decision No. 92 / PUU-X / 2012 affirms that the Dewan Perwakilan Daerah can submit a draft law along with academic manuscripts to the President and Dewan Perwakilan Rakyat, where the position of the President and the Dewan Perwakilan Rakyat in accepting the bill originating from the DPD is the same, namely receiving Dewan Perwakilan Daerah letters and not copying. Provisions of Article 165 and 166 Law No. 27 of 2009 stipulates that the submission of the Draft Law to be discussed by the President and DPD is related to the Bill as the Dewan Perwakilan Daerah's authority in Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. While the bill originating from the DPR is related to regional autonomy, central and regional relations, formation and the division and merger of regions, management of natural resources and other economic resources, as well as financial balance between the center and regions, are not regulated to be submitted to the DPD. So that the material contained in Article 165 and 166 Undang-Undang Nomor 27 Tahun 2009 by the Constitutional Court was considered unconstitutional so that in its decision it was stated that the DPD participated in discussing together with the DPR and the President over the Bill relating to its Authority As Article 22D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Keyword : Regional Representative Council, Constitutional Court, legislation.

Analisis Pencabutan Keterangan Terdakwa Dalam Berita Acara Pemeriksaan (BAP) Penyidikan Di Persidangan Terhadap Putusan Hakim Sarimonang B Sinaga; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The revocation information of the defendant in the news of the proceedings (BAP) investigation at the trial which is not accompanied by a fundamental and logical reason then the legal position of the description of the defendant in the BAP the investigation can be "evidence hints". Legal considerations the judge refused the defendant's description of revocation reason Rhio Hendra Heriawan Ginting, et al in the BAP investigation because of the reasons stated for the removal of the defendant in the trial is not accompanied by a fundamental reason and logical, so that description the defendants contained in the BAP investigation can serve as evidence of the defendant's fault, the instructions while the matter with defendant Sandro Lumban Tobing, et al, the judge accepted the reasons for the removal because the defendants description accompanied by fundamental and logical reasons so that it captions the defendant in a BAP investigation does not have value of proof in proving fault of the defendant Keywords : Revocation Information of The Defendant, The News of The Proceedings (NoP) Investigation, Consideration The Ruling of The Judges.

Kebijakan Kriminal Terhadap Tindak Pidana Pencabulan Yang Dilakukan Oleh Anak Di Wilayah Pancur Batu Rosalyna Damayanti Gultom; Alvi Syahrin; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Children as successors to the baton of the struggle of the nation and state actually grasp the hopes of the nation. The good and bad future of the nation depends also on the good and bad conditions of the child at this time. However, now children often fall into various crimes, including the crime of sexual abuse. Crimes of sexual immorality can not only be done by adults, but children also tend to easily fall into it. There are 8 (eight) cases of sexual offenses committed by children in the Pancur Batu area that occurred in 2016 to 2017. The problems raised in the writing of this thesis are how to regulate criminal acts of sexual abuse committed by children in the legislation in Indonesia, then what are the factors that cause criminal acts of sexual abuse committed by children in the Pancur Batu area, and how is the criminal policy in handling criminal acts of sexual abuse committed by children in the Pancur Batu area. Keywords : Criminal Policy, Abuse done by Children

Perjanjian Kredit Sumut Sejahtera PT. Bank Sumut Dalam Kaitannya Dengan Penyelesaian Kredit Bermasalah Adi Saputra; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Micro, small and medium enterprises have so far shown their strategic role especially in expanding employment opportunities, increasing community income and economic growth in Indonesia including maintaining and recovering the economy during the critical condition. One of the difficulties experienced by the micro entrepreneurs in exanding their business is the limited cap[ital due to the difficulty of accessing the working capital provided by the banks because of the absence of collateral. It is stated in Article 3 and Article 6 of Law No.10/1998 on Banking that the main function of Indonesian banking is to raise and distribute public funds, and one of the bank businesses is to extend credit. In relation to this matter, to help develop the micro business without collaterals, Bank Sumut lunched a product called Kredit Sumut Sejahtera, a credit extended to the Kelompok Keuangan Mikro (Micro Financial Group= MFG) with 20 (twenty) till 30 (thirty) members through banking education in the form of guidance, training and consultation on the compulsory weekly meetings. This MFG applies the system of Grameen Bank popularized by Muhammad Yunus in Bangladesh. This credit extension is only to fund the micro working capital especially to empower the financially disadvantaged women. Although, up to now, there is no special regulation from Bank Indonesia on the technical implementation of credit extension through the Grameen Bank system, the bank can extend the credit through this Grameen Bank system based on Law No.10/1998 on the Amendment of Law No.7/1992 on Banking, Law No.20/2008 on Micro, Small and Medium Enterprises, the Regulation of Bank Indonesia No. 14/22/PBI/2012 on Credit Extension, or the Financing by Commercial Banks and Technical Assistance for the Development of Micro, Small and Medium Enterprises. During this credit extension activity, the incident of non-performing loan is unavoidable but it can be minimized. If this Kredit Sumut Sejahtera is not performing well due to the factors raised by the debtors, the strength of joint-liability groups is one of the effective efforts to settle the problem, and the bank can debit the debtors’ savings to pay their debt or file an application to the court in order to confiscate all of debtors’ assets for the repayment of their debt under section 1131 of the Indonesian Civil Codes. The incident of the non-performing loan can be avoided through the in-depth analysis done to the debtor before the credit is extended, doing strict monitoring system in credit extension, and making a clause in the credit agreement that can protect the bank. Keywords: Credit Agreement, Non-Collateral Credit for Micro Business, Non-Performing Loan Settlement

Kebijakan Polresta Medan Terhadap Tindak Pidana Kejahatan yang Dilakukan Oleh Kelompok Geng Motor (Studi Kasus Polresta Medan) Patar Maruli Simanjuntak
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Motorcycle gangis a group of young people who are members of a community of two-wheeled motorized vehicles. Gang was originally a component of adolescents who had the same goals. Starting from just looking for a new experience, then the actions of gang members over time become increasingly out of control and turn into criminal acts of violence and crime. For example, robbing and killing. In the scope of the Medan Police's policy problem against criminal acts of crime by motorcycle gang groups. The formulation of the problem in this study is what the causes of crime committed by motorcycle gangs in Medan Police are, how the Medan Police policy on crimes committed by motorcycle gang groups and what obstacles which are faced by Medan police in dealing with crimes which are committed by groups motorcycle gang are. The purpose of this study is to analyze and explain the factors that led to the crime which are committed by motorcycle gang groups in Medan Police, to identify and explain Medan Police's policy towards crimes which are committed by motorcycle gang groups, and to analyze and explain the obstacles in Medan Police dealing with crimes which are committed by motorcycle gang groups. This research is a normative juridical research that is a research that emphasizes legal science. The data collection techniques and tools are carried out by library studies and field studies that are obtained directly from the research location in the form of interviews with police officers. The data analysis carried out by qualitative methods. From the results of the study concluded: the motorcycle gangs in the law area of Medan Police are very frightening to the public. Almost every night, motorcycle gangs convoy on the street carrying sharp machetes. This happens because of several factors including environmental factors, the influence of liquor, minimal formal education, and revenge factors. The policy which is carried out by Medan Police in tackling the level of crime committed by the motorcycle gang group is preventive in nature, namely, carrying out patrol activities, conducting raids on liquor sellers, and counseling in every school. Repressive efforts, namely, pursuing and arresting suspects, holding checks on suspects along with evidence, and then submitting documents to the District Prosecutor's Office for processing. Keywords: policies, crime, motorcycle gang

Tinjauan Yuridis Tentang Tindak Pidana Kekerasan yang Dilakukan Oleh Orang Tua Terhadap Anak Kandung (Studi Putusan Nomor 208 /Pid. Sus/2017/PN Trt) Rudi Sianipar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. One of the cases of child molestation to eliminate the lives of children often occurs not only in big cities, in areas that are far from the development of the capital city of Indonesia is widespread, such as cases of child murder by father who occurred in Humbang Hasundutan district of North Sumatra Province. The case of the child's murder was examined in the Tarutung District Court and was decided by Decision Number 208 / Pid.Sus / 2017 / PN.Trt .. As for the problem of this research, how is the form of legal protection against the child of the victim of violence in the domestic violence? What is the criminal policy towards the application of criminal law to the parents who perpetrate violence against their children in the Decision of Case Case Number 208 / Pid.Sus / 2017 / PN. Trt ?, How is the judges' consideration in Decision Case Number 208 / Pid.Sus / 2017 / PN. Trt ?. The method of this research is normative juridical research. The nature of this research is descriptive analysis, the method used to describe a condition or condition that is happening or lasting its purpose in order to provide data as much as possible about the object of research so as to explore the things that are ideal, then analyzed based on legal theory or regulations - the prevailing law. The results of this study, firstly, the form of legal protection against child victims of violence in the domestic violence act is to provide legal protection both normatively and empirically. The normative is to enforce punishment correctly in accordance with the law against the perpetrators of violence. Empirically, it is given protection to victims by means ofpreventive and giving protection of children rights, rehabilitation and psychological counseling to child of victim of domestic violence. Second, the application of criminal law to parents who violate their children in decision of Case Decision Number 208 / Pid.Sus / 2017 / PN. Trt is to apply a prison sentence of 2 years 6 months against perpetrators of domestic violence. Third, Judges' Consideration in Case Decision Number 208 /Pid.Sus / 2017 / PN. Trt is by looking at the evidence presented in the courtroom and the evidence provided by the public prosecutor, further consideration is with the testimony of the victim's witness and the perpetrator. It is suggested to the government to consistently provide protection to child victims of domestic violence both normatively and empirically; it is advisable to judges and prosecutors to give severe punishment to the perpetrators of domestic violence especially in natural children. it is advisable for judges to more clearly give consideration in the court’s decision to create justice, certainty and legal benefits Keyword: violence, children and parents

Pengawasan dan Penindakan Sebagai Upaya Perlindungan Hukum Terhadap Dana Masyarakat yang Disimpan Di Lembaga Koperasi Simpan Pinjam (KSP) Kamaluddin Pane; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The activities of the Saving Loan Cooperative (KSP) into a special phenomenon for the past two years, the cause is a loss of Community Fund are fantastic.This is becoming a lot of questions of the extent of secuirity and a protection of Community funds that are deposited in the Institution the cooperative store, on this issue ultimately had to be returned to the proportion of the legislation and regulations, containing the entire activities of the Saving Loan Cooperative (KSP) as part of one of the forms of community economy activities which many popular varieties. As for the related legislation implementation activities KSP is Act Number 25 Of 1992 about cooperation, Act number 1 of 2013 About microfinance institutions, and regulation of the financial services authority (POJK) and ministerial regulation Cooperatives And Small And Medium Enterprises (KUKM). The method used in this research is the juridical normative or legal research methods, that is a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of rules and Legislation, and the data that is retrieved by accessing the internet related to this research. The study was done with that data, so it can be compare to unknown picture of efforts to answer to the problems of the legal protection of the community's funds deposited in the Cooperative Institutions. Based on Act Number 25 year 1992 About Cooperative then convened a Community Fund activities by Cooperative Loan (KSP) is done to a limited extent. But the fact is, a lot of problematic cooperative of loan have done activities gather funds widely. In addition, according to the law number 1 Year 2013 about microfinance institutions, then should all activities KSP compulsory license, the construction and supervision of the financial services authority (OJK). And that became a problem as long as it is stored in Community Fund Cooperative Institutions (KSP) do not have a guarantor of Deposits. Keywords: legal protection, Cooperative Loan, the financial services authority, the institution of Micro finance

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA