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Increasing identity and community awareness in Medan City about victim rights of sexual violence Sirait, Ningrum Natasya; Rosmalinda; Ikhsan, Edy; Siregar, Mahmul; Agusmidah
ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat Vol. 4 No. 2 (2019): ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.058 KB) | DOI: 10.32734/abdimastalenta.v4i2.4239

Abstract

Indonesia currently has Law Number 11 of 2012 concerning the Criminal Justice System for Children (UU-SPPA) to provide protection for children who need special protection such as child offenders, victims and witnesses. In fact, the implementation of the UU-SPPA actually only focuses on children as perpetrators. This not only shows that justice for children is still not upright especially for children who are victims of sexual violence. This is evident from the findings of a study conducted in 2019 entitled "The Effectiveness of the Convention on the Rights of the Child Victims of Sexual Violence". This study found that although Indonesia already has 2 government regulations governing the fulfillment of victims of sexual violence in the form of compensation and or restitution, none of the decisions of the Medan District Court and Lubuk Pakam contain the rights of victims. The decisions of the Medan District Court and Lubuk Pakam throughout 2018 were oriented towards providing penalties for the perpetrators. The two Government Regulations which are guidelines for implementing the Law are (a) Government Regulation of the Republic of Indonesia Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims; and (b) Government Regulation of the Republic of Indonesia Number 43 Year 2017 Concerning Implementation of Restitution for Children Who Are Victims of Criminal Acts. These two Government Regulations are the basic ingredients for the implementation of the 2019 Mandatory Servant Lecturer service dedication. This situation is the basis of community service in two districts namely Medan Baru and Medan Sunggal. Law Enforcement Officials (APH) in this case the police and the community not only obtain new information about victims' rights but also increase their awareness to guarantee the rights of children victims of sexual violence are requested in legal proceedings for perpetrators. Furthermore, the Police and the community hope that the information on these two Government Regulations can be continued both by the Regional Government Organization (OPD) and other institutions such as the Civil Society Organization (CSO) in Medan.
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

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
KEBIJAKAN NON PENAL DALAM UPAYA PENCEGAHAN DAN PERLINDUNGAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG (TRAFIKING) (Studi Kasus Provinsi Sumatera Utara) Rina Melati Sitompul; Muhammad Hamdan; Edy Ikhsan; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The title of this thesis is Non Penal Policy in Prevention and Protection Victims of Human Trafficking (A case study in North Sumatera Province). The basis for choosing this title, namely: The increasing number of victims of trafficking, although the law has clear policies seek to prevent and overcome make the Law Number 21 of 2007 on Eradication of Trafficking in Persons as an umbrella act. Based on the results of this study concluded that non penal policy in the national and local regulations, especially North Sumatra, the context of the prevention and protection of victims of trafficking is done by two approaches: 1) prior to the case, namely by strengthening prevention by each institution as a technical holders through the mechanism of inter-organizational system task force institution / SKPDs Government Ordinance No. 9 of 2008 on Procedures Mechanism Integrated Services For Witnesses and / or Victims of Crime of Trafficking in Persons and Presidential Regulation Number 69 of 2008 on the National Task Force on Crime Prevention and Trafficking in Persons (National Policy) and Governor Decree Number 54 of 2010 facilitate coordination and communication patterns between local institutions to the preparation of the work program set out in Governor Decree  No. 53 of 2010 Governor on of North Sumatra Province Action Plan. 2) Victim protection efforts in the aftermath of the case through the physical and psychological recovery (post-traumatic) in the  integrated services unit or DIC (Drop In Center) home safety (P2TP2A). Efforts to strengthen the non penal policy as a form of prevention of Trafficking in Persons in North Sumatra is done by: 1) maximizing the function of the Provincial Task Force through the coordination mechanisms of Article 10-19 Governor Decree No. 54 of 2010 on the Task Force on Crime Prevention and Treatment of Trafficking in Persons in North Sumatera, but not running optimally in a motivating work program on education for each so that non penal policy objectives have not synergize with the purpose and law function.   Key Words: Non Penal Policy, Prevention and Protection, Human Trafficking in North Sumatera.
APLIKASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKSANAAN REHABILITASI PECANDU DALAM TINDAK PIDANA NARKOTIKA (STUDI DI REHABILITASI KEMENTERIAN SOSIAL PAMARDI PUTRA “INSYAF” SUMATERA UTARA) Arie Kartika; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law enforcement in narcotics which uses criminal instrument is not the only prioritized policy; the strategies of law enforcement in narcotics such as treatment strategy and rehabilitation strategy are also needed. One of the examples of social rehabilitation centers in North Sumatera is PSPP (Social Rehabilitation Center Pamardi Putra) ‘Insyaf’ of North Sumatera, under the aegis of the Social Ministry of the Republic of Indonesia. It is responsible for carrying out the mandate in the policy of criminal law on the implementation of rehabilitation for drug addicts. The policy of handling (criminal political) crimes was done by using “penal” (criminal law) and non-penal (outside criminal law) facilities. Therefore, penal policy is related to the functionalization in some stages: formulation, application, and execution. The application of the policy in criminal law in implementing rehabilitation for drug addicts is synchronized between written policy planning and service planning for drug addicts. The implementation of social rehabilitation gives legal benefit to drug addicts. Keywords : criminal politicy, criminal law, social rehabilitation, drug addicts
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM MEMPEROLEH PENDIDIKAN (Studi Lembaga Pemasyarakatan Kelas IIA Anak Tanjung Gusta Medan) Ramli Tambunan; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children protection activity is a good law so it can guarantee the law action brought as a result of the law protection and can protect bad activity in education for Children's who have law processing in Institute Pemasyakatan Class IIA Tanjung Gusta Medan. From the research results are known, Concepts Setting Legal Protection Against Children in conflict with the Law In Getting Education Right in the penitentiary setting about the rights of child prisoners in obtaining education while in the correctional Institution; Implementation of the Protection of Rights of Children's Education Law Granting Dilapas Tanjung Gusta Kids IIA Class field has not gone well with the results of the study 37% of schools implemented formal education provision MTsN-3 field by virtue of a collective agreement, 83% of spiritual education and vocational education has not been effective by 174 children taken prisoner as much as 10% of the total population; Constraints Giving Child Rights Education Class IIA Tanjung Gusta Medan started from legislation that is not set out clearly in the form of education for the criminal, and the lack of facilities to support the educational process skills. Keywords: Legal Protection, Children in conflict with law, Penitentiary.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KEJAHATAN EKSPLOITASI SEKSUAL KOMERSIAL ANAK (STUDI PUTUSAN PENGADILAN NEGERI) Eva Syahfitri Nasution; Syafruddin Kalo; Muhammad Hamdan; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children are a gift from God the Almighty who always has to be kept for, because they have rights as human beings that must be held. Nowadays, there are many problems that threaten children, but commercial sexual exploitation of children is the worst problem for children. In commercial sexual exploitation of children, child is not only used as a sexual object, but also served as a commercial object to obtain reward or benefit. The forms of commercial sexual exploitation of children in Indonesia are children prostitution, child pornography and trafficking of children for sexual purposes. The law governing the crime of commercial sexual exploitation of children in Indonesia is Law 23 of the year 2002 on Child Protection, Law 21 of the year 2007 on The Eradication of The Criminal Act of Trafficking In Person and Law 44 of the year 2008 on Pornography. Criminal liability of commercial sexual exploitation of children offenders be held accountable if the perpetrator has met the elements of criminal liability. In the law enforcement related the crime in the verdict, the Judge consider based on the elements of criminal liability and also apply the law in accordance with the facts revealed in the trial. Keywords : criminal liability, sexual exploitation, children
PERLINDUNGAN HUKUM TERHADAP PELAKSANAAN PENGANGKATAN ANAK DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Hamidansyah Putra Putra; Edy Ikhsan; Hasim Purba; Hasballah Thaib
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transparent and resolute regulation on adoption is highly needed, both in its regulation and in its protection. Today, the Government Regulation No. 54/2007 on the Implementation of Adoption, Law No. 23/2002 on Child Protection, and the Compilation of the Islamic Law regulate wajibah will for an adopted child. Discussion about adoption is usually related to adat (customary) law, the Islamic law, and western law in which people have different methods in different places in its implementation so that it is interesting to be analyzed. A research on child protection law about the implementation of adoption, viewed from the Islamic Law and Law No. 23/2002 on Child Protection, is a descriptive analysis which describes, explains, and analyzes laws theoretically and practically from the field. Keywords: Adopting a Child, Islamic Law, Child Protection
PELAKSANAAN PEMBERI BANTUAN HUKUM DIKAITKAN DENGAN UNDANG-UNDANG NO. 16 TAHUN 2011 TENTANG BANTUAN HUKUM Iwan Wahyu Pujiarto; Syafruddin Kalo; Mohammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal aid is present to provide protection against any person or group of people can not afford, poor and blind law fairly, therefore, the Legal Aid Recipients must understand their legal rights to support the provision of legal aid. Indonesia has been working to provide protection against any person or group of poor people who lodged a lawsuit with the promulgation of the Legal Act Number 16 of 2011 regarding Legal Aid but do not go according to the rules. This manuscript discusses more about the rule of legal aid, Legal Aid legal position in the implementation of Law No. 16 Year 2011 on Legal Aid, and the factors that affect the implementation of the Legal Aid
PERLINDUNGAN HUKUM BAGI PASIEN PENGGUNA JAMKESMAS DALAM PELAYANAN KESEHATAN DI RSUD DR. RM. DJOELHAM BINJAI TERKAIT BERLAKUNYA BPJS DI BIDANG KESEHATAN Elmas Dwi Ainsyiyah; Suhaidi Suhaidi; Utary Maharani Barus; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement. Keywords: Health Care Service, Legal Protection, Jamkesmas
ANALISIS YURIDIS TERDAHAP PEMBATALAN PENCABUTAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS PUTUSAN NO. 30/B/2012/PT.TUN.MDN) Misalina Br. Bukit; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   IMB (Building permit) given by Regent and was revoked by the Regent of Deli Serdang District. The Ruling of TUN (State Administrative Court) which was not based on the principle of good governance, the principle of legal certainty and prudence as it is found in the Ruling No. 30/B/2012/PT.TUN.MDN) which harmed the IMB owners and was not in line with the regulation on IMB itself. This Ruling is highly needed to be analyzed. The result of the research showed that judge’s legal consideration which revoked IMB is actually the picture of TUN officials. Their rulings should be in line with the principle of good governance and supported by the fact that IMB owners has complied with the rule in which breaking down a building should be in line with the instruction so that the Ruling of TUN on the revocation of IMB was not correct. It is recommended that judge’s verdict should contain compensation so that it will cause intimidated effect. The TUN officials should be careful and pay attention to the principle of good governance, especially the principle of legal certainty and prudence in giving a ruling of TUN. Keywords: Revocation of Building Permit
Co-Authors Afnila Afnila Agusmidah Agusmidah Alvi Syahrin Apnes Perlindungan Zaro Hura Arie Kartika Bayu Putra Samara Bornok Simanjuntak Budiman Ginting Chairul Bariah Denny Reynold Octavianus Edi Warman Edi Yunara Ediwarman Ediwarman Ediwarman Ediwarman Ekaputra, Mohammad Elizabeth Nela Sari Elmas Dwi Ainsyiyah Elyna Simanjuntak Erwin Pangihutan Situmeang Eva Santa R Sitepu Eva Syahfitri Nasution, Eva Syahfitri Fahmi Jalil Fahri Rahmadhani Faisal Akbar Faisal Akbar Nasution Faomasi Laia Farah Diba Batubara Gita Cristin Debora Sihotang Hamidansyah Putra Putra Hasballah Thaib Hasim Purba Iwan Wahyu Pujiarto J. Putra Ginting Jamaluddin Jamaluddin Jimmy Carter A. Jusmadi Sikumbang Keke Wismana Purba Khairul Anwar Hasibuan Kondios Meidarlin Pasaribu Kurniati Siregar M. Ichsan Rouyas Sitorus Madiasa Madiasa Ablisar Madiasa Ablisar mahmud mulyadi Mahmud Mulyadi MAHMUL SIREGAR Maichael Sinambela Mangasitua Simanjuntak Maria Kaban Marlina Marlina Marlina Marlina Marlina Maulana Habibie Mazmur Septian Rumapea Mirza Nasution Mirza Nasution Misalina Br. Bukit Mohammad Eka Putra Muhammad Akbar Siregar Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Ihsan Muhammad Nur Muhammad Ricky Rivai Muhammad Yamin Nasrun Pasaribu NINGRUM NATASYA SIRAIT Pendastaren Tarigan Putra Rizki Akbar Ramadani Ramadani Ramli Tambunan Randy Anugrah Putranto Renhard Harve Ridha Fahmi Ananda Rosmalinda Rosnidar Sembiring Rudy Rudy Runtung Runtung Saddam Hussein Saddam Yafizham Lubis Saidin Saidin Sari Kartika Sembiring Suhaidi Suhaidi Sunarmi, Sunarmi Suprayitno Suprayitno Sutiarnoto Sutiarnoto Syafruddin Kalo Syafruddin Kalo Syaiful Asmi Hasibuan, Syaiful Asmi T. Keizerina Devi Azwar T.Keizerina Devi Azwar Tan Kamello Tri Sandi Muji Areza Utary Maharani Barus Utary Maharany Barus Wahyudi Chandra Yasmin Faris Bashel Yati Sharfina Desiandri Yosef Warmanto Panggabean Yowa Abardani Lauta Yusuf Hanafi Pasaribu