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Perampasan Aset Tindak Pidana Pencucian Uang yang Tidak Berasal dari Hasil Tindak Pidana : Studi Putusan Mahkamah Agung RI No. 669K/Pid.Sus/2017 Agusta Kanin; Madiasa Ablisar; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the practice of appropriation of assets of criminal acts through the anti-money laundering law instrument, there has been seizure of assets that have absolutely no assets in relation to the original crime and have also been proven by the defendant. This is stated in the Republic of Indonesia Supreme Court Decision No. 669K / PID.SUS / 2017 has confiscated the assets of the defendant who did not come from a predicate crime of narcotics. In addition, imposing a penalty on the defendant with imprisonment for 13 (thirteen) years and a fine of Rp. 10,000,000,000 (ten billion rupiah) of subsidies 1 (one) year in prison. The assets confiscated consisted of movable objects in the form of trucks and immovable objects in the form of waste processing plants. All of the defendant's assets were declared to have been seized for the state. This study tries to analyze how the legal effort that must be taken by the defendant in defending his assets that do not come from a criminal act. The interesting thing to be studied and analyzed is regarding the deprivation of assets resulting from narcotics crime, whether by criminal, civil or administrative. Furthermore, regarding the legal remedies taken by the convicted person to file legal remedies if there are assets that do not originate from narcotics crimes, the court's decision states that the assets were seized for the state. Keywords : deprivation of assets; money laundering crime; and the results of narcotics crime.

Kinerja Kepolisian Resor Deli Serdang Dalam Penyelidikan dan Penyidikan Tindak Pidana Korupsi Faisal Rahmat Husein Simatupang; Alvi Syahrin; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the context of eradicating criminal acts of corruption, the government has made the Indonesian Republic Law, Number 31 of 1999, which has already been changed to the Indonesian Republic Law, Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption. The law referred to was born based on the consideration that the criminal acts of corruption that have been widespread all this time do not only harm the state finances but also violate social rights and the economy of the community at large; thus, the criminal acts of corruption need to be classifiedas a crime whose eradication must be done extraordinarily. The low performance of law enforcer including the police in the eradication of the criminal acts of corruption is said to be in the background underlying the birth of the Indonesian Republic Law, Number 30 of 2002 concerning the Commission of the Eradication of the Criminal Acts of Corruption (then it is said as Law of KPK (Commission of Eradication of Corruption)). The problems in this research are concerned with the Policy of Criminal Law against the Eradication of Criminal Acts of Corruption, the Position of the Police in Conducting Investigationand inquiry of the Criminal Acts of Corruption in Statutory Provisions, and the Police Performance of Deli Serdang Resor in the Investigation and inquiry of the Criminal Acts of Corruption. The type of the research conducted is the normative juridical research, that is, the research which is focused to review the application of positive principles or legal norms. The nature of analytical descriptive research constitutes the research that describes, examines, explains, and analyzes a legal rule. The results of the research show that there is a strong commitment from the government through the policy of criminal law to prevent and eradicate the criminal acts of corruption, the police are authorized to conduct the investigation and inquiry of the criminal acts of corruption in the statutory perspective in the Country of the Republic of Indonesia, and the performance of the investigation of the criminal acts of corruption done by the Police of Deli Serdang Resor is still very low. Some efforts to improve the performance of the police of Deli Serdang Resor in the investigation and inquiry of the criminal acts of corruption are the need for law enforcement fairly and consistently in accordance with legislation and other norms that apply, the need to increase the cooperation between the police, prosecutors and corruption eradication commissions substantively, structurally and the achievements which are detailed and structured, the need to increase the quality and quantity of Human Resources of the investigators of the unit of the Criminal Acts of Corruption of the Police of Deli Serdang Resor, and the need to review the article 385 of the regional government law. Keywords: police performance, investigation, criminal acts of corruption.

Pertimbangan Hakim Tentang Pilihan Denda Sebagai Pemidanaan Pada Tindak Pidana Dalam KUHP : Studi Kasus Putusan No. 368/Pid.B/2015/PN.Kbj dan Putusan No. 299/Pid/2016/PT.Md Fhytta Imelda Sipayung; Syafruddin Kalo; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Imprisonment was not always give effect deterrent means a convict, but the choice of imprisonment remains a Prima Donna and a popular choice for law enforcers, especially when the judge drop the verdict against the accused in the the trial. Despite the undeniable imprisonment is not the only option pemidanaan in the Criminal Code (Kitab Undang-Undang criminal law) which is positive law in Indonesia. There are other pemidanaan option should be used a law enforcement, criminal one is fine. Problems in the study is how the consideration of judges in criminal fines disconnected contained in criminal cases, how the criminal fines in the context of the criminal law and pemidanaan and how the application of criminal sanctions against the perpetrators criminal actions contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). Shove off from the problem, which is the purpose of this research is to know at once discover what into consideration judges in criminal fines disconnected contained in criminal cases, to know how the criminal fines in the context of criminal law and pemidanaan, as well as find out and analyze how the application of criminal sanctions against the perpetrators of the criminal act contained in the ruling criminal Number 368/Pid. B/2015/PN. KBJ and verdict Number 299/Pid/2016/PT. Mdn). We in this study are normative, law then principal data in this research is the primary data. Data collection is carried out by means of research libraries. As for the results of this research is the State Court judge that checks Kabanjahe and break the criminal Number 368/Pid. B/2015/PN. KBJ on behalf of defendant Relta Br. Tarigan dropping criminal fines against the defendant a number of Rp 2. 500,000,-(two million five hundred thousand dollars) and provisions when the fines are not paid changed with criminal confinement for 6 (six) months, where the verdict dropped based on Article 351 (1) of the CRIMINAL CODE, the number 2 year 2012 Perma, book Statute of the law of criminal procedure (CODE of CRIMINAL PROCEDURE) number 8 Year 1981 as well as other legal provisions concerned. Upon the verdict, the Prosecutor proposed the remedy of appeal. The difference in the view of the consideration of the Tribunal judges in the first instance and appellate Judge of the Tribunal in the High Court of Medan with Verdict Number 299/Pid/2016/PT. Mdn, just about the inclusion of Perma number 2 Year 2012 On the adjustment of the Limitation Criminal acts of light and the amount of the fine in the criminal code, but the Tribunal judges in the Appeal at the High Court of Medan still concurred the Tribunal Judges District Court with criminal dropping Kabanjahe fines against the defendant as the perpetrator of the the crime of persecution. Keywords: consideration of the judge, fines, criminal act, criminal code.

Penegakan Hukum Operasi Tertangkap Tangan Terhadap Tindak Pidana Korupsi Oleh Satuan Tugas Sapu Bersih Pungutan Liar: Studi Kasus No.58/Pid.Sus-TPK/2017/PN MDN Fuji Sasmita; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Illegal fee is one of corruptions that widely happen in public administration both at central or regional levels. The government has formed Satuan Tugas Sapu Bersih Pungutan Liar to fight illegal fee with red-handed operation. This research tries to investigate some problem: the regulation about Satuan Tugas Sapu Bersih Pungutan Liar to do red-handed operation, constraining factors in red handed operation and law enforcement policy in case of Medan District Court number 58/Pid.Sus/TPK/2017/PN MDN. The method used in this research is normative and empirical research. The nature of the research is descriptive analysis. The type of data used is secondary data derived from primary, secondary, and tertiry legal material. Secondary data are collected by literature study technique and field study with data collection tool in the form of interview. Furthermore, the data are analyzed by using qualitative analysis method. The result of the research shows that the regulation about Satuan Tugas sapu Bersih Pungutan Liar in red-handed operation has been arranged on President Regulation number 87/2016 and Governour Decision number 188.44/181/KPTS/2018. Meanwhile, the constraining factors are limited funds, facilities, difficulty in obtaining the information, community participation, lack of socialization, and culture. Concerning the policy of law enforcement as showed by Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN, is carried out analysis of the chronology of the case, the prosecutor’s charge, the prosecutor’s demand, the legal facts, the judge’s evidence, and the judge’s verdict. Based on the analysis of Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN there is inaccurate application about law. The prosecutor demand the defendant ESS with article 11. According to this analysis that the defendant should be demanded and decidec by using article 12 e about extortion. Keywords: illegal fee , criminal act of corruption, red-handen operation

Perlindungan Hukum Terhadap Justice Collaborator Dalam Hukum Pidana di Indonesia : Analisis Putusan Mahkamah Agung No. 2223K/Pid.Sus/2012 Muhammad Iqbal Lubis; Syafruddin Kalo; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Corruption is detrimental to the country's socio-economic and financial community. Criminal acts of corruption had a tendency of done more than one person. Criminal acts of corruption that has been caught by the corruption eradication Commission (KPK) has the constraint to uncover and arrest those who have committed criminal acts of corruption due to lack of information or data. Then munculah the idea of Justice Collaborator (JC) who first became known in America in 1970-an idea that is working to reveal the masterminds of major criminal acts of corruption with the convicted person criminal acts of corruption. A key role that belongs to the justice collaborator among others to uncover a criminal act or an impending criminal acts, so the return on assets from the proceeds of a criminal act can be achieved to the State. Research methods used in this research is descriptive analytic in nature, i.e. the data analysis used in the legal materials in the study will be conducted in a qualitative and comprehensive analytical data primary and secondary, this type of research is the normative legal research, collection of data used in this research is to include research libraries (Library Research). In addition to complete secondary data, primary data is also supported. Presence of Justice Collaborator in the process of investigation, investigators and Investigators by itself can be helped in uncovering the facts and find the material that originally covered became ablaze. The existence of the White Blower and Justice Collaborator in this step is helping police in the search for and find the facts related to the crime before the evil done and after crimes were committed. Countries through the Agency of protection of witnesses and victims (LPSK) is obligated to provide protection if needed. According to the above law the so-called protection is all the efforts the fulfillment of rights and the granting of aid to provide a sense of security to the witnesses or the victim must be carried out by the LPSK or any other institution. Application of Justice Collaborator has been set at SEMA No. 4 Year 2011 about Treatment For Reporting Crime (Whistle-blowers) and witnesses the Perpetrators Cooperate (Justice Collaborators) in Matters criminal acts of corruption. The defendant here because it has helped the party investigation got remission of prison for 28 months. This form of remission awards because thanks to the accused parties of investigation get other suspects to the detriment of the nation. Keywords: legal protection, justice collaborator, criminal law

Analisis Aturan Hukum Pengelolaan Taman Nasional Gunung Leuser (TNGL) Sebagai Warisan Dunia Mhd. Nur Arrahman Nasution; Suhaidi Suhaidi; Syamsul Arifin; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Biological natural resources and their ecosystems are the most important part of natural resources comprising animal, vegetable or natural phenomena, either individually or jointly having the functions and benefits as elements of the environment, whose presence can not be replaced . In view of its irreplaceable nature and an important role for human life, the conservation of biological natural resources and their ecosystems is the absolute obligation of each generation. In fact, there are several issues and problems that occur in the area, one of which is the development and planning to conduct road construction that has been done before and after 2004, which resulted in WHC recommends TRHS area into natural heritage in danger (The List of World Heritage in Danger -WHD). Departure from the description of the background above, it can be formulated problems in research is, How the implementation of management in Taman Gunung Leuser National (TNGL) as World Heritage. In accordance with the research formulation, this study was conducted with normative juridical with the consideration that the starting point of analysis research on legislation regulating of Taman Gunung Leuser National, and sociological law enforcement. The result of the research is obtained the rule of law concerning the management of Gunung Leuser National Park as World Heritage still not running as it should because there is still activity activity which violate the regulation both nationally and internationally. These activities include illegal logging, illegal hunting, road clearing and forest fires resulting in disturbance and threats to the preservation of Taman Gunung Leuser National . The conditions of such areas resulted in TNGL and other National Parks being included in the UNESCO list of threatened (indengerlist). Keywords: rule of law, management of gunung leuser national park and world heritage.

Upaya Satuan Narkoba Polrestabes Medan Dalam Menanggulangi Tindak Pidana Narkotika Melalui Aplikasi “Polisi Kita” Nur Istiono; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In an effort to combat drug offenses by the Indonesian National Police (Polri), the Medan Polrestabes has launched a mobile application called "Our Police". The application is in response to the development of information technology and the high number of mobile users by the public. So that the existence of these applications is expected to minimize crimes that occur in the community, including illicit drug trafficking. Basically, for the community users of the application can easily report the illicit circulation of narcotics to Medan Polrestabes Officers to be forwarded to officers in the field to check the truth of the report. The use of the "Police Us" application is Polri's service to the community based on technology and knowledge (Technology and Knowledge Based). All units and units in the Medan Polrestabes are as much as possible in using technology and information in accordance with the demands of their duties. The "Our Police" application launched by the Medan Polrestabes is still something new. Therefore there are still many problems that arise in their use. Keywords : narcotics, medan polrestabes, application of “Polisi Kita”.

Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika Dengan Menerapkan Restorative Justice Melalui Diversi : Studi Penetapan Nomor 4/Pid.Sus-Anak/2017/PN.Mdn dan Penetapan Nomor 31/Pid.Sus-Anak/2017/PN.Mdn Saddam Yafizham Lubis; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Facing and overcoming various crimes and behavior of children in the context of efforts to foster and protect children which is an important factor, the alternative punishment that can be used is to apply punishment with the concept of restorative justice through diversion. Which aims so that children can improve themselves and the interests of children when they are faced with the law. The main concern of the concept of diversion and restorative justice is the interests of the perpetrators, victims, families of victims/perpetrators, and the community. Settlement of cases by applying restorative justice through diversion in Determination Number 4/Pid.Sus-Anak/2017/PN.Mdn and Determination Number 31/Pid.Sus-Anak/2017/PN.Mdn, wherein the two stipulations the child is charged with acts narcotics criminal. The type of research used is normative legal research that refers to legal norms contained in the legislation and court decisions. The analysis in this study is qualitative analysis by drawing conclusions deductively, namely drawing conclusions from things that are general to things of a special nature. From the results of the study, it is known in the Determination Number 4/Pid.Sus-Anak/2017/PN.Mdn and Determination of Number 31/Pid.Sus-Anak/2017/PN.Mdn states that children as narcotics criminals are solved through diversion. That the achievement of agreement/deliberation through diversion has been carried out and stipulates the termination of criminal cases by conducting rehabilitation, returning to parents, and continuing school. Keywords : criminal responsibility, narcotics crime, diversion, and restorative justice

Sistem Pembinaan Anak Binaan di Lembaga Pembinaan Khusus Anak (LPKA) Klas I Tanjung Gusta Medan Sari Kartika Sembiring; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The System of Practice embraced by Indonesia, regulated in Law No.12 of 1995 on Correctionalism gives meaning to the development of "Penitentiary System" sourced and based on Pancasila and the 1945 Constitution, which provides a strong legal basis in establishing the implementation of "Penitentiary System "Which has been used to nurture and support prisoners since 1964, to replace the prison system. This research uses normative juridical legal research methods supported by empirical. The normative-empirical approach is based on direct experience or observation to see and tack on some sociological issues concerning the principles of law, legal doctrines, rule of law and legal system. Field study is a procedure performed with observation activities, interviews (interview) to the research response as an effort to collect various data and iformasi needed in accordance with the problems discussed in the study. The guidance system carried out in LPKA Class I Tanjung Gusta Medan has been well implemented but the implementation is not effective due to overcapacity or overpopulation. LPKA's task is to provide guidance to assisted children. This guide is provided with attached description of the process and stages of fostering. Obstacles and efforts in the implementation of the guidance of the guidance children in LPKA Class I Tanjung Gusta Medan is the lack of facilities and infrastructure in the process of coaching, prison students beyond the tamping power, lack of budget (fund), limited number of personnel officers in LPKA environment. Keywords: guidance, child development, penitentiary

Peran dan Fungsi Otoritas Jasa Keuangan Dalam Melindungi Konsumen Melalui Penyelidikan dan Penyidikan Tindak Pidana Perbankan : Studi Kasus Bank Perkreditan Rakyat Nusa Galang Makmur, Deli Serdang Teuku Fathir Mustafa; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In carrying out its duties and authorities based on independence and free from the intervention of any party, one of the tasks of the OJK is "Investigation" which is one of the OJK supervisory duties as referred to in Article 9 letter c of Law No. 21 of 2011 concerning the Financial Services Authority. If the occurrence of a criminal offense in the banking sector is carried out by an insider, there are several laws that are usually applied, namely: The Criminal Code, for example: Counterfeiting, Darkening, Emphasis in Position, Deception, and Theft, etc Law No. 31 of 1999 concerning Eradication of Corruption Crime as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crime; and Law No. 7 of 1992 concerning Banking as amended by Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking. The Financial Services Authority is expected to be able to realize a financial system that grows sustainably and stably and is able to protect the interests of consumers and society. Article 29 paragraph (1) Law No. 8 of 1999 concerning Consumer Protection, that the government is responsible for fostering the implementation of consumer protection which guarantees the rights of consumers and business actors and the obligations of consumers and business actors. The case of banking crime that was raised in this study is the allegation of "Banking Crimes at PT. BPR Nusa Galang Makmur, Deli Serdang North Sumatra ", which was allegedly carried out by the Managing Director of PT. BPR Nusa Galang Makmur. The President Director intentionally provided credit facilities to 34 debtors of Rp. 3,210,000,000, - which deviates from the banking provisions. Keywords : financial services authority, consumer protection, banking crimes.

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