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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 469 Documents
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PERAN POLRI DALAM MENGEMBANGKAN KERJASAMA INTERNASIONAL GUNA PENANGGULANGAN KEJAHATAN NARKOTIKA YANG TERORGANISIR Andi Rian Djajadi; Suhaidi Suhaidi; Mahmul Siregar; Muhammad Hamdan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The crime of drug abuse and drug trafficking not only become the problem of  certain country but also become inter-states and international matter. It has wide organizational network so police need to handle it by performing multilateral, bilateral and regional coopertaion. Obviously, international cooperation which exist today is still oriented to routine annual meetings among the Asian countries, concerning international crime (SOMTC) or cooperation among the police in bilateral, regional and international level (ASEANAPOL, INTERPOL etc), with the target of mission cooperation in combating international crime as a whole, without specifically talks about the issues of international narcotics crime and it syndicates technically and how to handle it. International instrument in combating organized narcotics crime is by international convention which is ratified in the national law and in the bilateral and regional regulations. The role of the police in developing international cooperation is by taking proactive measures in its dandling, but in its implementation faces some obstacles such as the cooperation is only about on agreement, and mutual assistance is done without intensifying operational cooperation. This is because of the lack of the willingness of the state that is requested to help does not handle the perpetrators. The problem is that there is no technical formula among the nations in combating the perpetrators who are accused of commiting narcotics crime so that there is no task force action from the police of each nation. Besides that, there is no cooperation among the nations concerning the tracing and the confiscation of the assets of the organized narcotics crime perpetrators among the nations. The attempt to develop intensive cooperation should involve all nations.
KOORDINASI PADA PROSES PENYIDIKAN ORANG ASING YANG MELAKUKAN TINDAK PIDANA KEIMIGRASIAN BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN PADA KANTOR IMIGRASI KELAS I SEMARANG Aldi Subartono; Suhaidi Suhaidi; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRAK Law No. 6 of 2011, include the presence of civil servant investigators, which is provided for in Article 105, which confirms that immigration investigators are authorized as a criminal offense Immigration investigators conducted in accordance with the provisions of this Act. Meanwhile, in Article 107 it is explained that in conducting an investigation, criminal offense Immigration investigators must coordinate with Indonesian police officer  to prevent misleading in the investigation.  Investigation process to Foreigners by Law No. 6 of 2011 on Immigration in accordance with Article 105 where investigators Immigration is authorized as a criminal offense Immigration investigators. Semarang First class Immigration Office investigators in 2013 has been investigating 9 immigration and criminal cases. They have sent 3 cases to the public prosecutor in the State Attorney Semarang.  The Coordination between first class Immigration Office investigators and Korwas PPNS Central Java Police’s special criminal unit doesn’t went according to the present law. This condition is caused by Semarang first Class Immigration Office investigators did not give written notice of the commencement and the result of the investigation and to provide a copy of the case to Korwas PPNS. Keywords : Coordination, Immigration Crime, Investigation
MONEY LAUNDERING WITH DRUGS PREDICATE CRIME STUDY OF COURT DECISION NO. 1243/PID.B/2012/PN.MDN. DATED 08 OCTOBER 2012 Astri Heiza Mellisa; Bismar Nasution; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Criminal sanction contained in Article 137 paragraph b. Act No. 35 of 2009 on Narcotics and Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010 on the Eradiction and Prevention of Money Laundering, especially regarding imprisonment there are differences regarding liability, there is a lighter sentences in Article 137 paragraph b. Act No. 35 of 2009 that is at least 3 year and maximum 10 years in prison, while Article 3 Jo. Article 2 (1) of Act No. 8 of 2010, the criminal prison at most 20 years. Similarly, the sanctions imposed penalties, the Narcotics Act least Rp. 500.000.000,- (Five Hundred Million Rupiahs) and at most Rp. 5.000.000.000,- (Five Billion Rupiahs), while in the Anti Money Laundering Act a fine of Rp. 10.000.000.000,- (Ten Billion Rupiahs). On the one side, the Narcotics Act and Anti Money Laundering Act serves to combat criminal narcotics, but, on the other side, the Narcotics Act and Anti Money Laundering Act can use to lighter legal provisions to prosecute offenders. The problems that stand out in this study is how the reasoning of judges at first instance and appeal against money laundering predicate offenses with a crime associated with the narcotics Court Decision No. 1243/Pid.B/2o12/PN.Mdn., dated October 8th, 2012 that criminalized by Article 137 paragraph b. Act No. 35 of 2009, when according to the fact that unfold before trial, the accused can be punished with the provisions of Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010. After doing some research, the conclusion found that the more specific provisions of law applicable when the legislators did intend to enforce the criminal provisions as a condition of a special nature. Associated with the court’s rulling, the judge has the right and correct in applying the law as lex specialis principle requires that law enforcement systematic use of more specific rules, such as Act No. 35 of 2009 about Narcotics.
MEDIASI DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH Emirza Henderlan Harahap; Runtung Runtung; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRAK The need of Indonesian Moslem community for the bank operating in accordance with Islamic economic system was not juridically regulated until the enactment of Law No.7/1992 on Banking. In this law, the existence of Islamic bank or syarii banking has not yet been clearly stated, it is only called “bank with shared-revenue principle”. The concept of deliberation and dialogue is then directed to settle the dispute through the principle of legality which is then integrated into the process of proceedings in court through the Regulation of Supreme Court No.2/2003 which has been amended with the Regulation of Supreme Court No.1/2008 on the Procedure of Mediation in Court to make Article 130 HIR/154 RBg on Reconciliation which has been previously available effective. The fact is that reconciliation as stated in Article 130 HIR/154 RBg is currently implemented by the judge as a formality due to several constraints such as the lawyer and the judge are reluctant to peacefully settle the case, the judge has less capability, and peace efforts have not been sufficiently socialized. This condition also impacts the success of the implementation of the Regulation of Supreme Court No.1/2008 integrating mediation into the settlement of case in court, besides the success of the implementation of mediation is very much supported by the regulation that regulates it, facility and infrastructure, and the people involved in it.
EFEKTIVITAS TERHADAP PENGUTIPAN PAJAK PARKIR DALAM HUBUNGANNYA DENGAN PENINGKATAN PENDAPATAN DAERAH DI KOTA MEDAN MENURUT PERDA KOTA MEDAN NO. 10 TAHUN 2011 Fitri Handryani; Muhammad Abduh; Faisal Akbar Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT In collecting the parking tax in Medan particularly always contribute to local administration income of Medan, and in field it shall depend on how effectiveness to collect it. This study is aimed to deal with the matters regarding the methods, effectiveness and the barriers found in collecting the parking tax and how its contribution to improve more city income of Medan administration. The result of this research that through the planning stages (data collection), execution (deposit) and supervision, which also embraced self assessment system. Furthermore, local income tax is less effective than the parking sector because the number of parking tax-acquired very rarely reach the target. Bottleneck that occurs in sources of income is the presence of a target area that has been designated parking tax is not comparable to the true potential, the presence of an imbalance between the actual potential possessed by the parking tax revenue and local revenue realization that has been done, so the government is making efforts to regulations areas in which sanctions with the aim of supervision.   Keywords : Parking tax, City Administration income.
PENERAPAN HUKUM PIDANA TERHADAP PELAKU MONEY LAUNDERING DENGAN KEJAHATAN ASAL PENIPUAN (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR: 1329K/PID/2012) Kondios Meidarlin Pasaribu; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the decision of Lubuk Pakam State Court No: 1286/Pid.B/2011/PN.LP  named Lenni Damayanti Br. Manalu  who was punishable as regulated in Article 378KUHP and Article 64KUHP paragraph 1, Article 372KUHP jo Article 64 paragraph 1 KUHP, jo Article 3 of Law No. 8/2010 jo Article 64 paragraph 1 KUHP. The decision to No: 50/PID/2012/PT.MDN assigned  that the defendant was released of all legal charges. The decision to the No: 1329 K/Pid/2012 stated that the defendant was guilty on  the decision of Lubuk Pakam State Court. The problems in  this study were how the  criminal law  as regulated  offense according to  No.8/2010 , how the judges enforced  money laundering fraud  with a predicate offense in the decision of State Court No: 1329K/PID/2012.The analytical juridical normative case is the analytical approaches.The result showed that regulation on fraud criminal act was regulated in Article 378-379 of the Indonesian Criminal Code and Article 2 paragraph (1) letter “r” and Article 3 of Law No.8/2010. Stating that the defendant had been proven to  criminal act was based on Article 378 of the Indonesian Criminal Code in  Article 64 paragraph (1). “Fraud done continuously was based on Article 3 of Law No.8/2010 in Article 64 paragraph (1).  High Court cancel  No: 1286/Pid.B/2011/PN.LP said that the defendant released of all legal charges and the judge made a mistake and misapplied the law. Supreme Court, the decision No. 50/PID/2012/PT.MDN and  No: 1286/Pid.B/2011/PN.LP must be canceled and presecute and decided the case to state legally of  money laundering  contonuously. Keywords: Money Laundering Fraud
PERLINDUNGAN HUKUM HAK KEPERDATAAN WARGA MASYARAKAT DI ATAS TANAH YANG BERADA DALAM KAWASAN HUTAN BERDASARKAN SK MENTERI KEHUTANAN RI NO. SK. 463/MENHUT-II/2013 DI KOTA BATAM Lia Nur Aini; Runtung Runtung; Alvi Syahrin; Rosnidar Sembiring
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Appointment forests of Riau Islands Province was first carried out on the basis of Forestry Ministerial Decree No. 173 / Kpts-II / 1986 dated June 6, 1986 on the appointment of the Provincial Forest Area In Riau As provincial, Forest Area. The ministerial decision based on the result of an agreement among the various agencies dealing with space management. As a result of agreements between institutions, the Minister of Forestry is better known by the term forest Forest Land Use Agreement (TGHK). But in doing development does not follow the BP Batam Forestry Ministerial Decree No. 173 / Kpts-II / 1986 and Minister of Forestry Decree No. 47 / Kpts-II / 1987. On June 27, 2013, the Ministry of Forestry issued a decree, the Minister of Forestry Decree No. 463 / Menhut-II / 2013, which resulted in several regions in Batam which has built the existing public facilities such as ports, housing, residential areas, shopping malls, business centers and industrial center that has been granted permission by the BP Batam, through Decree 463/2013 is designated as forest area and forest zone status yet Other (APL) which causes doubts for the community will be the status of legal certainty of land rights that they have, this resulted Decree 463/2013 is being debated in the Riau Islands. Communities, businesses, and even traditional leaders in Riau Islands protest. Keyword : legal protection, Civil rights, Forest
ANALISIS PERMOHONAN PAILIT TERHADAP PERSEROAN TERBATAS OLEH TENAGA KERJA (STUDI PUTUSAN PENGADILAN DALAM PERKARA ANTARA ROHANI,DKK MELAWAN PT. INDAH PONTJAN) Manambus Pasaribu; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The result of this research show that Legally binding verdict of  Industrial Dispute Settlement Court penalized employers to pay workers' basic rights / labor is debt in a broad sense. Legally binding verdict of  Industrial Dispute Settlement Court but remains unimplemented can be submitted as the basis of request for bankruptcy and it  is not a premature request as well as does not violate nebis in idem. Legal consideration of judges was appropriate based on the legal facts, definition of debt, the maturity of debt, the presence of two or more creditors and the implementation of simple evidentiary principle. Meanwhile, Supreme Court both in Cassation and the Reconsideration did not refer to the definition of debt in a broader sense, the debt has matured, the presence of two or more creditors and implementation of a simple evidence. Judges of the Supreme Court both in Cassation and Reconsideration was very subjective, tends to formality matters, as well as was not substantive  in making of verdict.
KEBIJAKAN FORMULASI SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI Megawati Megawati; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Policy formulation is a criminal sanction in formulating policies and establish criminal sanctions against the perpetrators of corruption. Legislation combating corruption establish criminal sanctions against offenders by determining the minimum criminal sanctions specifically, a higher penalty, and a sentence of death which is a criminal weighting and includes imprisonment for perpetrators of corruption. In the application of criminal sanctions against the perpetrators of corruption can be seen based on the formulation of the offense in article 2 and article 3, where the criminal sanctions imposed on the perpetrators of corruption, especially in some of the Medan District Court decisions are imprisonment, criminal penalties, and criminal confinement. Key words : criminal, sanction, corruption
PELAKSANAAN RESTRUKTURISASI KREDIT MACET BERDASARKAN PERATURAN BANK INDONESIA DAN HAMBATANNYA PADA PT BANK RAKYAT INDONESIA CABANG BINJAI Novrilanimisy Novrilanimisy; Tan Kamello; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bank Indonesia through the Regulation of Bank Indonesia No. 14/15/PBI/2012 on the Assessment on the Asset Quality of Commercial Bank. Credit restructuring is an attempt of a Bank to handle debtors who get difficulty in paying off their debts by decreasing interest rate, extending credit term, reducing the arrears of bank interest, reducing bank main arrears, increasing credit facility, and/or conversing credit to temporary equity. Bank Rakyat Indonesia also issued guidelines for handling credit through credit restructuring,based on the Circulation Letter of PT Bank Rakyat Indonesia No. S.12-DIR/ADK/5/2013. The parameter for determining non-performing credit which is worthy of getting restructuring is the debtors who get difficulty in paying off principal or credit interest and they should have good business prospect and are able to pay off their debt after it has been restructured. Some obstacles faced by Bank Rakyat Indonesia Cabang Binjai are as follows: debtors are difficult to cooperate, debtors are not transparent in conducting negotiation, Bank gets difficulty in approaching debtors since they are not cooperative, the content of the restructuring is not complied according to what has been agreed, credit restructuring is not supported by the information about the complete document about debtors’ businesses, and Bank finds it difficult to directly control debtors’ businesses. Keywords : Credit restructuring, Bank, non-performing credit

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