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Muhammad Hamdan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PERANAN PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) PERPAJAKAN DAN PENYIDIK POLRI DALAM PENANGANAN TINDAK PIDANA PERPAJAKAN Siti Maimana Sari Ketaren; Alvi Syahrin; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The tax is an important thing as welfare state as one of income source for the increasing of social welfare in a state. Indonesia is one of nation that put tax as one of state income source although it has not yet put tax as one of increasing of society welfare. In the law enforcement process include the tax law enforcement, it always face to criminal justice system. This system is one of system to eradicate the crime in a society. Crimnal justice system has any components, i.e. police, attorney, court, and correctional instituation. In addition to the component of the criminal justice system, there is one specific component for the case of tax, i.e. the civil servant investigator (PPNS) who has responsibility to do the investigation if there is a crime in tax to support the public attorney in handle the tax case. The role of PPNS as instuation out of Police aims to help the task of police in to the investigation that determined in the Crime Procesure Law and Act No. 2 of 2002 concerning to the Police of republic of Indonesia. PPNS or Police must helpot one to the others especially in provide the required information about the crime case to support the crime investigation actually and completely to avoid the intersect of authority in do the investigation that requires the coordination and supervision between the related instituation in enforcement, and socialization of the rule related to the authority in any investigation and to obtain the understanding about the task and authority for each instituation. Through this socialization it will eliminate the gap between the instituation and realize the complete instituation.
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERSETUBUHAN PADA ANAK (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR: 1202 K/PID.SUS/2009) Panca Hutagalung; Muhammad Hamdan; Mahmud Mulyadi; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law No. 23/2003 on Child Protection is initially intended to protect children and to ensure their safety by providing security for their rights. Nevertheless, sexual harassment toward children often occurs and indicates its escalation even though it is regarded as a felony. How about the regulation on sexual harassment according to the criminal law in Indonesia, how about the enforcement of criminal law in judex facti in the case of sexual harassment toward children under the Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn, and how about the enforcement of criminal law in judex juris on sexual harassment toward children under the Verdict No. 1202K/Pid.Sus/2009.The research used juridical normative method with prescriptive analytic. Sexual harassment toward children is regulated in the Criminal Code, in Law No. 23/2003 on Child Protection, and in Law No. 23/2004 on the Abolition of Violence in Household. The enforcement of criminal law in judex facti under the  Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn is in line with law of criminal procedure. Handing down a verdict is based on the authentication  theory according to law negatively and follows fault theory although the victim’s fault is not considered. The enforcement of criminal law in judex juris under the Verdict No. 1202K/Pid.Sus/2009 is in line with law of criminal procedure and reflects the theory of the victim’s fault. Keywords: Law Enforcement, Sexual Harassment, Child.
KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA JUDI ONLINE YANG DILAKUKAN MARKAS BESAR KEPOLISIAN REPUBLIK INDONESIA (MABES POLRI) Maria Margaretta Sitompul; Madiasa Ablisar; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal act of gambling is set up in a variety of regulations in Indonesia, namely Article 303 of the Criminal Code, 303 bis of the Criminal Code, Law no. 7 of 1974 on Gambling Control. In particular online gambling regulated in Article 27 paragraph (2) of the Act ITE. Coverage gambling within the context of Article 27 paragraph (2) of the Act ITE are in the context of Article 303 bis of the Penal Code and Article 303 of the Criminal Code.  In the investigation of online gambling, the investigator based Act ITE and Criminal Procedure Code. Countermeasures of online gambling in penal done with arrest, detention, search and seizure. Countermeasures non-penal done by cyber patroling. There are several inhibiting factors in Countermeasures the crime of gambling online, inhibiting factor in terms of the law, which is where the investigator difficulty of implementing Article 43 paragraph (6) of the Act ITE., lack of quality and quantity of investigators. not given compensation as a form of tribute to the investigator for his achievements. Terms of the legal culture of society is the number of Indonesian society in the category of poor, high unemployment, cultural lazy to earn money with a short path with gambling. gambling has become a tradition in many areas. Keywords: criminal policy, countermeasures, criminal act, online gambling
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.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (Studi Beberapa Putusan Pengadilan Negeri di Indonesia) Perdana Eliakhim Manalu; Suhaidi Suhaidi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal sanctions against the perpetrators of acts of trafficking in persons has been regulated in law No. 21 of 2007 about the eradication of trafficking in persons. The disparity of the overthrow of the criminal are basically starting from the sanctions contained in Act No. 21 of 2007 about the eradication of trafficking in persons which opened opportunities due to the minimum and maximum limits of awarding the penalty. The application of criminal sanctions against the perpetrators of acts of trafficking in persons based on some of the verdicts in Indonesia are based on factors that unfold in the first trial, the public prosecutor's Indictment, the two witnesses, the third the fourth accused, details wares fifth and evidence based on clauses in the legislation. Legal measures to prevent trafficking in persons, namely: the first Step to prevention, awareness-raising on the rights, the danger of sexual exploitation or trick used by traffickers. Secondly, the Measures of protection which provides protection to the victim by means of an increase in the legal network, those steps running effective if various forms of guarantee and legal mechanisms in force. Third, step up rehabilitation/restoration of the post-rescue victims from addressing the crime of trafficking, especially victims who have experienced a bad psychological impact of trauma psychology, such as fear and anxiety, prolonged low confidence, guilt.
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.
PERTANGGUNGJAWABAN PIDANA DALAM KEJAHATAN PERBANKAN Yohana Yohana; Alvi Syahrin; Muhammad Hamdan; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Human economic life at this time is closely related to banking. Banking serves as a crutch to help the needs of human life by running the bank business. Law No. 10 of 1998 defines a bank as a legal entity which collects funds from the public in the form of savings and distribute them to the public in the form of loans and / or other forms in order to improve the living standard of the people. Types of crime in the banking world is related to licensing (the crime of illegal bank), bank secrecy, the bank business, as well as the supervision and guidance of banks. The imposition of criminal responsibility is certainly a must satisfy the two other elements of an error or flaw in the nature of the act and the absence of a good reason for removal of criminal justification or an excuse. Keywords : Criminal Responsibility, Crime Banking.
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
PERTANGGUNGJAWABAN PIDANA ILLEGAL LOGGING (PEMBALAKAN LIAR) SEBAGAI KEJAHATAN KEHUTANAN BERDASARKAN UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN DAN UNDANG-UNDANG NO. 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Ramsi Meifati Barus; Alvi Syahrin; Syamsul Arifin; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Continuous destruction of natural forest has caused the decrease in the forest area. The problem of criminal act in forestry, especially illegal logging, is a very complicated problem to be coped with since the criminal act is very serious, well-organized, and has inter-state range. The people’s lack of knowledge in the importance of forest for human benefit and the weakness of law has caused the complexity of any effort to handle illegal logging. Law No. 14/1999 on Forestry has not yet formulated the definition of illegal logging so that it causes multi-interpretation. Besides that, there are many weaknesses in the previous legal provisions which cause the prevention and the eradication become complicated. Therefore, Law No. 18/2013 on the Prevention and the Eradication was established. The result of the research showed that the criminal elements of illegal logging were found in Article 12 points a, b, c, d, e, f, and g, and in Article 19 points a, b, c, d,  and f of Law No. 18/2013. Criminal responsibility of the perpetrators of illegal logging individually and corporately, either intentionally or because of negligence has been formulated in Articles 82 up to 85, in Article 94, and in Article 98. The reasons for annulling the criminal act is found in Article 11, paragraph (3) and in Article 13, paragraph (2) of Law No. 18/2013. Keywords: Criminal Responsibility, Illegal Logging
PENERAPAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM UPAYA MENGOPTIMALKAN PENGEMBALIAN KERUGIAN NEGARA (Studi Putusan Mahkamah Agung Nomor: 1605 K/Pid.Sus/2014) Budi Bahreisy; Muhammad Hamdan; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption lately is getting more discussed, either in print, electronic or in seminars, workshops, discussions, and so on. The wealth gained from the crimes of corruption is usually can not directly be used because of the fear nor indicated as money laundering. For it is usually the perpetrators seek to hide the origin of such property by putting them into the banking system (financial system). The issues raised in this thesis is the relationship between corruption and money laundering and how the implementation of the law of money laundering in the eradication of corruption in the Supreme Court ruling No. 1605K / Pid.Sus / 2014. The method used in this thesis is a normative juridical research methods which is descriptive analysis using primary legal materials, secondary, and tertiary that will be analyzed qualitatively. The results showed that the Corruption and money laundering has a very close relationship. It can be clearly viewed in Pasal 2 (1) of UU No. 8 of 2010. Application of the law of money laundering in the eradication of corruption in the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 the District Court apply the UU No. 8 of 2010 to the corruption case, which is 5 years in prison, fines, recompense, and seizing the assets owned by the defendant from criminal act. At the level of the High Court, judges only fix the decision of Medan District Court that the verdict only increase the imprisonment of the accused for 6 (six) years in prison and on appeal judges only replace imprisonment to 6 (six) months if the fines is not paid by the defendant and replace imprisonment for two (2) years if the defendant can not pay the compensation. From the analysis of the case against the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 in consideration from the judge, element can be harm state finance and economies which is based on results of calculations performed by BPKP North Sumatra province, it can be argued Judge Corruption Court in Medan not guided by UU No. 17 of 2003 regarding State Finance,UU No. 1 of 2004 concerning the state treasury, and the UU No. 15 of 2004 on Management and State Financial Responsibility very clearly gives the BPK in determining financial loss countries / regions.   Keyword : Money Laundering, Corruption, State Financial
Co-Authors Abdul Aziz Alsa Aldi Pramana Alvi Syahrin Andi Rian Djajadi Andi Supratman Anggara Suryanagara Barry Sugiarto Bismar Nasution Bobbi Sandri Budi Bahreisy Dedi Harianto Des Boy Rahmat Eli Zega Edi Yunara Ediwarman Ediwarman Edy Ikhsan Ekaputra, Mohammad Eva Syahfitri Nasution, Eva Syahfitri Fadilah Khoirinnisa Harahap Fahmi Tanjung Faisal Akbar Nasution Fhytta Imelda Sipayung Fuji Sasmita Gerry Anderson Gultom Hana Oktaviana Fahlevi Hanawi Aananda Putra Sitohang Hasim Purba Henry Sucipto Sanjaya Sirait Ica Karina Iman Azahari Ginting Immanuel Colia Immanuel P Simamora Jelly Leviza Jhon Tyson Pelawi Julieta Santi Simorangkir Jusmadi Sikumbang Jusnizar Sinaga Keke Wismana Purba Kesita Eva Lestina Lumban Tobing Lestari Victoria Sinaga Lidya Rahmadani Hasibuan Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Maria Margaretta Sitompul Marlina Marlina Mathilda Chrystina Katarina Mazmur Septian Rumapea Mirza Nasution Muhammad Ekaputra Muhammad Hykna Kurniawan Lubis Muhammad Iqbal Lubis Mujita Sekedang Nanang Tomi Sitorus Nara Palentina Naibaho Nelson Syah Habibi S. Ningrum Natasya Sirait Panca Hutagalung Perdana Eliakhim Manalu Polin Pangaribuan Ramsi Meifati Barus Rani Angela Gea Ricky T. A Pasaribu Risna Oktaviyanti Utami Rizky Novia Karolina Robinson Sihombing Roland Tampubolon Samsul Aripin Silitonga Sarimonang B Sinaga Siregar, Khoiruddin Manahan Siti Maimana Sari Ketaren Suhaidi Suhaidi Sunarmi, Sunarmi Syafruddin Kalo Syafrudin Kallo Syamsul Arifin Syawal Saputra Siregar Tedi Franggoes Andri Siburian Themis Simaremare Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Wilson Raja Ganda Tambunan Yohana Yohana Zai, Aca Surya Putra Zikrul Hakim