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Aspek Hukum Pidana Pungutan Liar Terhadap Pelaku Tindak Pidana Korupsi : Studi di Kepolisian Daerah Sumatera Utara Yosua T.R. Panjaitan; Madiasa Ablisar; Edi Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Wild charges or abbreviated with the imposition of fees or pungli is asking for money forced by someone to another person which is the practice of crimes and breaking the law. Many people who complain and harmed by the presence of wild charges and not official just for personal interest or group. Pungli had damaged public order and cause mistrust of the community to the Government. Pungli practices within the bureaucracy caused by weak oversight and supervision among government agencies, although a number of internal and external oversight agencies has been in the form of bureaucratic culture among pungli, failed to diminish let alone eliminated. Article 1 step 5 law No. 8 of 1981 Year Book of the law of criminal procedure (CODE of CRIMINAL PROCEDURE), the investigation is a series of actions of investigators to search for and find an event that is thought to be a criminal offence in order to determine which can be or whether by way of investigation conducted under the Act. Task force saber in the response of wild charges criminal acts, then there are knowable constraints faced by UPP/task force on Clean Sweep Wild Levy, thus causing activities do not run in maximum or become less effective. barrier to coordination is the attitude of the law enforcement officers of the nonprofit agency centric i.e. each agency behaved he is the most powerful and most decisive so grow indifferent attitude towards the implementation of countermeasures of follow-up criminal saber pungli Keywords: Wild, The Levy Investigation, The Perpetrators Of The Crime Of Corruption

Upaya Hukum Pasien Terhadap Tindakan Medis Yang Didasarkan Pada Persetujuan Medis Binsar Parulian Sitanggang; Bismar Nasution; Muhammad Ekaputra; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Approval of medical treatment carried out by the patient or the immediate family of the patient with the doctor can be held accountable in a civil or criminal manner. Therefore, it is necessary to examine the civil liability of medical personnel for medical treatment based on the approval of medical measures. criminal liability of medical personnel for medical action based on approval of medical action and patient's legal remedies for losses resulting from medical actions based on approval of medical action. Keywords: doctor, patient and medical action approval

Analisis Yuridis Atas Perjanjian Kerjasama Penyediaan Air Besih Di Kota Medan Antara PDAM Tirtanadi Dengan PT. Tirta Lyonnaise Medan Tahun 2000 Indra Kurniawan Nasution; Tan Kamello; Suhaidi Suhaidi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.This research uses normative research type with the consideration that the starting point of the research is the analysis of the law of agreement, the nature of research in use is analytical descriptive that is by collecting data through document studies by using qualitative data analysis with emphasis on the form and obstacles of agreement and dispute settlement agreement.Based on the results of the research is known that basically Agreement of Cooperation of Water Supply Besih in Medan City Between PDAM Tirtanadi With PT. TirtaLyonnaise Medan was born from the principle of freedom of contract already meet the provisions in Article 1320 Civil Code and Law No.25 of 2007 on investment, in implementing the cooperation agreement there are several obstacles that occur there are juridical such as taxation, labor, non juridical such as illegal levies, the manner of dispute resolution in this cooperation agreement is set out in article 18 with out court through arbitrators and experts Keywords: cooperation agreement, water supply, dispute settlemen

Keterpaduan System Peradilan Pidana Anak (Integrated Juvenile Justice System) Dalam Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Faiz Ahmed Illovi; Marlina Marlina; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Criminal Justice System Children should not be construed as a judicial body as stipulated in Article 24 paragraph (2) of the Constitution of the Republic of Indonesia Year 1945, which stated that the judicial power is done by a Supreme Court and judicial bodies underneath it in the public courts, religious courts, military courts, administrative courts and by a Constitutional Court. In accordance with the above background, then some of the things that are at issue in this study is as follows: What is the rule of law on coordination between the sub-systems of criminal justice in the application of diversion, How coordination sub criminal justice system in the application of diversion to criminal child and what policies implemented by the sub-system of juvenile justice in the application of diversion. Normative juridical research method is useful to know or to know whether and how the law has on a particular issue and also can explain or explain to others whether and how the law regarding a particular event or issue. In using normative legal research in this thesis will be focused on normative legal research is qualitative. The conclusion of this thesis, Making rule of law how coordination between sub criminal justice system in the application of diversion, according to the provisions of Article 7 of Law SPPA, diversion can only be carried out to the children who were threatened with imprisonment under seven (7) years and is not a repetition of criminal acts (residive). Making Sub Criminal Justice system Coordination in the application of criminal diversion of the child, the legal protection of children in judicial proceedings conducted since the beginning level of inquiry, investigation, prosecution, examination before the court until the execution of the court's ruling and during the judicial process, the rights of the child shall be protected by law and therefore must be done consistently by the parties concerned with solving the naughty child. Policies implemented by sub-system of juvenile justice in the application of diversion, Diversi shall be made on the level of investigation, prosecution and court examination of the child in court, although the consequences of "compulsory" at the insistence of diversion also become blurred because of the sanctions against the waiver of this provision, which is set at article 96 has been declared contrary to the Constitution of 1945 and does not have binding legal force by the Constitutional Court Decision Number 110 / PUU-X / 2012. Keywords: juvenile, criminal, child,

Analisis Putusan Pengadilan Agama Dalam Perkara Pembagian Harta Bersama Akibat Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam : Studi Putusan-Putusan Di Pengadilan Agama Rantau Prapat Edi Sutra Ritonga; Hasballah Thaib; Hasim Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the law of number 1, 1974 about the marriage in section one stated that marriage is the bond between a man and woman as a couple with a goal to form the happiness and everlasting family based on the believe in the one supreme God, therefore the marriage always hoped going on with the happiness, yet the certain condition the divorce is the case that cannot be avoided as a reality. Divorce is a law phenomenon that will bring the law results; one of them is a collective treasure. Section 37 of the verse 1 of the law number 1, 1974 about marriage states that if the marriage is break because of divorce, so the collective treasure will be set based on its laws, but didn’t determine how is the portion of husband and wife that divorced. The explanation of this section 37 states its laws are religion law, tradition law, and the other laws. In addition to the law number one, 1974 about marriage, in Indonesia also occurred the Islamic law compilation that related to division of collective treasure in the same manner as set in the section 96 and 97 Islamic Law Compilation. Based on those cases, so the problems that searched in this research is: how is the conducting of collective treasure division that caused of divorce in its practice in Rantau Prapat Religion Court and the obstacle in conducting of collective treasure division. The method approach that used in this research is juridical empiric approach and it is descriptive analytic. Based on the result of this research, can be concluded that the division of collective treasure based on the judge considerations dodge in determining verdict after examining and administering justice step by step based on procedure of civil law, so the judge in determining the verdict refers to the law of number one 1974 about marriage in section 35 to 37 and Islamic law Compilation in section 85 to 97, jurisprudence, Supreme Court of Indonesia, Holy Qur’an in sura At-Tholaq: 7, An-Nahl: 90, An-Nisa:58 and 32, it is applied law and the synchrony in resolving legal action in this time, so the assets treasure that acquired either from the husband or the wife become collective right along is not determined in the marriage deal and if the marriage is break, each of them have a half from that treasure, because a long the marriage there are the collective treasure. The obstacles that often appear in conducting collective treasure division is they usually do not have the complete prove, is it true a collective right or not. Example: the large measure land and the limits are not clear, and the buyer place that was died. Key words: divorce, collective treasure division, religion court verdict.

Penerapan Sanksi Pidana Adat Terhadap Pelaku Zina Di Wilayah Kabupaten Padang Lawas Utara Rahmat Syaputra; Madiasa Ablisar; Agusmidah Agusmidah; Marlina Marlina
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the principle of legality in national criminal law, namely customary criminal law still remains to reveal its figure and existence as a law that lives in society (the living law). The rules of customary criminal law in some areas are still followed and adhered to by their indigenous peoples. Violation of the rules of customary criminal law is still seen as something that can cause shock and disturb the cosmic balance of the community, for the offender will be given customary reaction in the form of customary sanctions by the community.The purpose of this study is to examine and analyze legally how to regulate customary crimes for adulterers in North Padang Lawas Regency; to know and analyze legally the application of customary criminal sanctions against perpetrators of adultery in the North Padang Lawas Regency; To examine the authority of adat leaders in completing zina criminal acts in the North Padang Lawas Regency. This type of research is empirical legal research with data collection techniques for interviews with traditional leaders and elders in North Padang Lawas district.Customary criminal law regulation in North Padang Lawas Regency against customary sanctions against zina criminal acts in North Padang Lawas district is a social act committed by a person or group of men between men and women outside of marital ties that violate moral norms, then the act is deemed as an act of adultery according to customary law in North Padang Lawas Regency. Associations that violate the norms of normalization referred to in customary law in North Padang Lawas Regency are social norms for men and women that have been implied in customary law. in the form of Sappal Dila, a type of punishment that requires the perpetrator to cut a goat or buffalo / ox by inviting a person to eat a village to make an apology. The application of customary criminal sanctions against the perpetrators of adultery in North Padang Lawas Regency was imposed by the customary chief, Raja Panusunan Bulung and Raja Pamusuk after holding a traditional meeting attended by Mr. Namalim (religious figure), Datu (health physician), Pangatak-pangetong / rokkaya (the host as well as the clerk), Panyujukon burangir (carrier of betel leaf), Halak na di Huta (community in the village) as well as witnesses who have been prepared;Authority of customary leaders in completing criminal acts of adultery in North Padang Lawas Regency, namely based on the provisions of Article 5 paragraph (3) of Law Number 1 of 1951 concerning Temporary Measures to Organize Unity in the Structure of Civil Judiciary and Procedure is the basis of the authority of the elders adat in addressing customary crimes against perpetrators of the zone in North Padang Lawas Regency. Keywords: indigenous criminal sanctions, criminal acts, adultery

Kepastian Hukum Terhadap Standar Pelayanan Publik Dalam Pelayanan Izin Usaha : Studi di Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kota Pematang Siantar Rudy Rudy; Budiman Ginting; Sunarmi Sunarmi; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Implementation of Mayor Regulation No. 8 of 2017 concerning Delegation of Authority Signing of Licensing to the Head of Pematangsiantar City One Stop Service and Integrated Investment Services that reflects disturbed justice and public services based on the principles of good government law which tend to be a manifestation of justice and benefit is not carried out optimally. Keywords: public services, business permit services, and pematangsiantar city

Peran Kepolisian Dalam Penegakan dan Penanggulangan Tindak Pidana Narkoba Terhadap Pengguna di Wilayah Hukum Kepolisian Resorkota Besar Medan Jonathan Hasudungan Hasibuan; Suhaidi Suhaidi; Alvi Syahrin; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Medan City Big Police Resort (Polrestabes) part of the Republic of Indonesia National Police located in the city of Medan, North Sumatra province is one of the regional units under the control of the North Sumatra Regional Police (North Sumatra Regional Police). Medan Polrestabes in combating Narcotics-related crime cases must be well supported even though the numbers of these cases continue to increase. The disclosure of cases on the one hand can indeed be an indicator of increasing police work in hunting down drug trafficking syndicates, but on the other hand can provide clues to how the current government policies are weak in dealing with the circulation. Police efforts as law enforcement agencies in preventing and eradicating Narcotics crime in the jurisdiction of Medan Polrestabes can be seen from the performance of its ranks who are actively both open and closed, cooperating with other agencies and communities in breaking the chain of Narcotics circulation. Medan Polrestabes in this case has two steps to prevent and eradicate this Narcotics and Psychotropic crime, namely the efforts of Non-Penal and Penal's efforts. The police maximize the Non-Penal efforts, namely pre-eminent and preventive measures (prevention), because these efforts are considered more effective in suppressing the increase in the number of criminal acts Narcotics compared to the efforts of Penal (prosecution). Keywords : police, narcotics, and narcotics crime

Penerapan Unsur Permufakatan Jahat Dalam Pasal 132 Ayat (1) Undang-Undang Republik Indonesia Nomor 35 Tentang Narkotika : Studi Putusan Pengadilan Negeri Medan Nomor : 2644/Pid.Sus/2017/Pn.Mdn Gerry Anderson Gultom; Syafruddin Kalo; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara not in accordance with the full sound of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, this can be seen clearly from the indictment, proof of elements by the public prosecutor in the judicial panel's decision and elemental verdict in the decision that omits the phrase "to do" in Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The application of articles like this is clearly contrary to the law. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara eliminating the phrase "to do" gives rise to different legal consequences of the intent and purpose of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning actual Narcotics. The phrase "to do" wants the perpetrators of crimes to be charged even though the criminal act has not been completed, but in this case the public prosecutor and the panel of judges actually prove the crime as referred to in the second indictment which has already been completed. By proving the second indictment, the public prosecutor and the panel of judges wasted the opportunity to prove the defendant's guilt in the first indictment, whose criminal threat was more severe even though the facts of the trial were very possible to prove the defendant's mistake in the first indictment. Keywords: application, elements, evil consensus, crime and narcotics.

Kompetensi Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Terkait Penyalahgunaan Wewenang yang Mengakibatkan Kerugian Keuangan Negara Hiras Afandy Silaban; Alvi Syahrin; Budiman Ginting; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The results of this study concluded that (1) abuse of authority in administrative law and criminal law occurred when the officers have the Authority (either by attribution, delegation or mandate) does not implement the authority in accordance with the goal gave the authority. In this case, the abuse of authority may result in financial loss to the State between administrative law and criminal law are affected by the intention (mens rea) with a result of the Act (actus reus); (2) Dualism between the authority of the courts of criminal acts of Corruption by The country's Courts in the event of abuse of authority which resulted in financial losses of the country caused by the similarity of the concept, the subject of the intended norm (normadressat) and the desired behavior or behavior that is not desired (normgedrag) between the abuse of authority; (3) a court which has competency against the abuse of power that resulted in financial losses of the State is the country's Administrative Court and the Court of criminal acts of corruption. In this case, the competence of the courts of The States have restrictions (retriksi) about a time where The State Court can receive, check and disconnected or no abuse Report after the Examination and APIP before the Court of a criminal offence of corruption began the process towards the matter. In the matter of the petition examination submitted at trial after the criminal offence of corruption starts, then the process in court The State Court process must wait for the criminal offence of corruption is completed. Keywords : corruption, abuse of authority

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA