Article Per Year (5 Year)
p-Index From 2019 - 2024
0.562
P-Index
This Author published in this journals
All Journal USU LAW JOURNAL
Syamsul Arifin
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

Published : 11 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 11 Documents
Search

 1   2 
PENERAPAN PERIZINAN TERPADU DALAM PENERBITAN IZIN LINGKUNGAN DI PROVINSI SUMATERA UTARA (Studi: Izin Lingkungan PT. Arah Environmental) Radinal Panggabean; Suhaidi Suhaidi; Syamsul Arifin; Pendastaren Tarigan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRACT Environmental protection and management need an integrated system to be developed. This system is a national policy in environmental protection and management which has to be done consistently and consequently from the central government to local government in permits. North Sumatera Provincial Administration has the Integrated Permit Service Board which one of its authorities is issuing environment permit as the requirement to get business/activity license which is regulated based on the prevailing rules. PT. Arah Environmental is a company which operates in the field of hospital medical waste gathering. Before it gets its business license, it has to complete environment permit first. The latter is issued, based on environmental feasibility and recommendation from UKL-UPL which is used as the instrument for planning preventive action against environmental pollution and damage which has possibly been caused by business/activity. It could be concluded that coordination among regional government agencies was needed. Even though integrated permit is considered a good system, it does not guarantee its implementation of forestalling environmental pollution and damage as the result of business or activity implementation.   Keywords:      Integrated Permits, Integrated Permit Service Board, Environment Permit
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (696.098 KB)

Abstract

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
ANALISIS HUKUM TERHADAP STANDARISASI LINGKUNGAN DALAM PERDAGANGAN INTERNASIONAL (ECOLABELL) Riadhi Alhayyan; Syamsul Arifin; Jelly Leviza; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (683.817 KB)

Abstract

ABSTRACT Environmental standards important to get the attention of the national legal system . Legal arrangement of standardization environment ( eco-labeling ) is not specifically fit but still refers to the standardization of the environment that the fit within the framework of WTO agreements that have been ratified in Law No. 7 of 1994 in this case related to the environmental aspects of the Agreement on Technical barriers to Trade and the agreement on the Application of Sanitary and Phytosanitary Measures ( SPS ). Standardization of the environment within the framework of WTO trade agreements in the context of his position, the main purpose of the GATT / WTO is free trade. GATT / WTO is not an environmental protection agency and does not have a mandate on the environment, only in this case to prevent barriers to trade (TBT), which can lead to the dreaded proteknisme and trade discrimination, the WTO stipulates that environmental aspects should be included in the terms of trade, but of competence for coordination policy in this field is restricted trade policies, and therefore the framework of WTO trade agreement is not the proper forum to resolve environmental problems due to shortage of neutrality of this institution to balance trade and environmental policy. Standardize the application of WTO environment in an atmosphere of national law as it has been ratified by the Indonesian government with Law No. 7 of 1994 regarding TBT especially concerning standardization in member countries to reiterate that in this case Indonesia was required to adjust the rules and regulations perudang national regulation in the field of standardization. This agreement recognizes that the Member States in this regard should not be prevented Indonesia issued a regulation and establishes a minimum standard level to safeguard and environmental management in its application should not be any element of discrimination and should not create unnecessary obstacles to trade. Indonesia currently has Ekolable Indonesian Institute which is based on a single commitment that the sustainability of the environment. Keywords : Standardization , the environment , international trade
PERTANGGUNG JAWABAN KORPORASI TERHADAP KEBAKARAN HUTAN DALAM KAITANNYA DENGAN PENERAPAN HUKUM LINGKUNGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PELALAWAN NO. 228/PID.SUS/2013/PN.PLW) Surya Sofyan Hadi; Suhaidi Suhaidi; Syamsul Arifin; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRACT Due to the actors who burn the forest to open land oil palm plantation company allegedly is a corporation, the corporation issues related to speak also to the issue of accountability. In terms of corporate accountability is possible through the doctrine of strict liability which, in this teaching criminal liability can be imposed on perpetrators of criminal acts in question with no need to prove the existence of fault (intent or negligence) actors. But the emphasis placed on it, as a result of his actions have caused loss to the community. Suffice if proven that the offender has committed an unlawful act, or not doing that is required by the criminal provisions (offenses of strict liability). Keywords    :  Corporate Liability; Forest fires; and Application of Environmental Law
PENJATUHAN PIDANA BERSYARAT DALAM TINDAK PIDANA LINGKUNGAN HIDUP (STUDI PUTUSAN NO. 319/PID/B/2013/PN.BB) Meilisa Bangun; Alvi Syahrin; Syamsul Arifin; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (565.98 KB)

Abstract

ABSTRACT   The implementation of probation does not apply solely on individual legal subject but also on corporate/ business entity as referred to in Verdict No. 319/Pid. B/2013/Pn. BB where the Defendant Lee Jong Hoan a.k.a Mr. Lee which categorized as the person who give order to proceed or the person who acted as the leader of the waste dumping activity to the environmental media without any permit. For the abovementioned action, Lee Jong Hoan a.k.a Mr. Lee is sentenced imprisonment for 10 (ten) months and do not have to undergo the imprisonment unless Lee Jong Hoan a.k.a Mr. Lee re-commit any criminal action before the probation period ends. The probation period applies for 1 (one) year, and sentenced Lee Jong Hoan a.k.a Mr. Lee to pay fine with the amount of IDR 5,000,00 (five million rupiah). The result of this research is that the provision regarding probation is not regulated in the Environmental regulation, but only in the KUHP. The sentence of conditional criminal charge in Verdict No. 319/Pid. B/ 2013/Pn. BB is not suitable because the act that the defendant committed is categorized as crime and the violation of environmental right, the penalty which was given to the defendant should be added to one-third because the defendant was the person who give order  to commit the criminal activity. The sentence of probation in environmental crime should refer to KUHP. Keywords: Probation, Environmental Crime.
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCURIAN DENGAN MODUS PECAH KACA MOBIL DALAM PERSPEKTIF KRIMINOLOGI (Studi Kasus Putusan Pengadilan Negeri Stabat No. 404/Pid.B/2013/PN.Stabat) Fickry Abrar Pratama; Ediwarman Ediwarman; Mahmud Mulyadi; Syamsul Arifin
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (529.867 KB)

Abstract

ABSTRACT Thefts with modus operandi by breaking windshields happen frequently in Indonesia. Since it increases in number, research on it from the criminological perspective in necessary in order to find out the causing factors. The Penal law can be used as the means to overcome this theft. Overcoming this crime by penal law can be categorized into the forms of penal and non penal efforts. The objective of teh research is to find out the factors that constitute this theft and the policy of penal law to overcome it. The formulation of problems in the research are how the legal regulation are in regard to this theft, what the causing factors are, modus operandi are, and how the penal law policy is to overcome this theft.The method used in the research is the judicial normative method, namely a method based on the library study in order to obtain the materials that meet the requirements. The instruments of data gathering are guidelines of interviews and library study. According to the research result, the theft with modus operandi by breaking the windshields is categorized into a theft with aggravation which is regulated in the Article 363 of the Penal Law. Theaggravating element is that there is an effort from the perpetrators to break a thing that prevents them from conducting their action and it is conducted by more than 2 persons. The factors that cause the theft with modus  operandi by breaking the windshields are habit, environment, and benefit. The policy of the penal law to overcome this kind of theft can be divided into the penal and non penal forms. These are divided again into pre-adjudication phase. The pre-adjudication phase is the phase of filing to the police before getting into phase of court session and the adjudication is the hearing of the theft perpetrator to the court. Meanwhile, in the non penal efforts, the police have made preventive efforts, such as, by patrolling at critical hours either while wearing casual clothes or uniform to prevent the occurence of the theft. Keywords: Penal Policy, Theft with Modus Operandi by Breaking the Windshields
ANALISIS YURIDIS TERHADAP PELAKSANAAN REKLAMASI PULAU G JAKARTA UTARA (STUDI PUTUSAN NOMOR: 193/G/LH/2015/PTUN-JKT) Ivana Novrinda Rambe; Suhaidi Suhaidi; Syamsul Arifin; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (606.498 KB)

Abstract

ABSTRACT One development which is closely related to living environment is Reclamation. It is a development effort and/ or activity to reclaim land at the river bank or seashore. It is stipulated in the Presidential Regulation No. 122/2012 on Reclamation at the Coastal Areas, the Law No. 27/2007 on the Management of Coastal Areas and Small Islands in conjunction with the Law No. 1/2014 on the Management of Coastal Areas and Small Islands and Article 34 paragraph (1). The reclaimed areas are used for agriculture, housing, industry, shopping center or business, and tourism resorts. This has led reclamation to be permitted. However, there are some problems arising in the establishment license of reclamation; namely the Decree of Governor No. 2238/2014 dated December 23, which is the license for reclamation of Pulau G in Teluk Jakarta. It is resisted by some elements of the society because it has caused them some loss. It resulted in a claim against the ruling to the State Administrative Court in the Decree No.193/G/LH/2015/PTUN-JKT.   Keywords : Reclamation, Environment, G Island North Jakarta.
PEMIDANAAN PELAKU USAHA DAN/ATAU KEGIATAN TANPA IZIN LINGKUNGAN (STUDI PENYIDIKAN DIWILAYAH HUKUM POLRESTABES MEDAN) Prastiyo Triwibowo; Alvi Syahrin; Syamsul Arifin; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (943.007 KB)

Abstract

Abstract Implementation of criminalization through mechanism of criminal justice system so as to criminalize business actors and / or activities that are naughty proven to carry out business and / or activity without being equipped with environmental permit which has been obliged in accordance with the law. One of the instruments in an effort to prevent the occurrence of pollution and environmental damage is the environmental permit, as stipulated in Article 1 Number 35 of Law Number 32 Year 2009 on Environmental Protection and Management which further regulated in Government Regulation Number 27 Year 2012 on Environmental Permit. With the existence of Law Number 32 Year 2009 0n Environmental Protection and Management has obliged buiness actors who are required Amdal and UKL-UPL shall have environmental permit. The enforcement of environmental permits in accordance with Government Regulation Number 27 of 2012 likens environmental documents before this Government Regulation as an environmental permit and after this Government Regulation shall be an environmental license. As one of the problems in this research is how the legal arrangement of business actors and / or activities related to environmental permit. The method of research to be conducted in this thesis is normative juridical research. This study was conducted to examine previous studies on legal principles regarding criminalization related to environmental permits. Based on the description above can be concluded that legal arrangements related to environmental permit are contained in article 1 point 35 UUPPLH and article 1 PP. No. 27/2007 concerning environmental permit is a license granted to any person conducting business and/or activity of Amdal or UKL-UPL obligatory in the framework of environmental protection and management as a prerequisite to obtain business license and/or activity.   Keywords: Punishment, Environmental Permit, Business actor or activity.
ANALISIS YURIDIS KEWENANGAN PPNS LINGKUNGAN HIDUP SEBAGAI PENYIDIK DENGAN TERKAIT PENGGABUNGAN KEMENTERIAN LINGKUNGAN HIDUP DENGAN KEMENTERIAN KEHUTANAN Muhammad Reza Azhar; Alvi Syahrin; Suhaidi Suhaidi; Syamsul Arifin
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (804.287 KB)

Abstract

ABSTRACT Lately the role of investigators is very important in the process of proof of law, especially with special criminal acts, especially criminal acts in the environmental field. therefore, it is deemed necessary to incorporate the Ministry of Environment and Forestry to the extent of the duties and authorities of environmental civil servant investigators in carrying out their duties and functions. Keywords : Investigators, Environment, authorities
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (873.316 KB)

Abstract

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.
Co-Authors Alvi Syahrin Ediwarman Ediwarman Fickry Abrar Pratama Ivana Novrinda Rambe Jelly Leviza Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Meilisa Bangun Mhd. Nur Arrahman Nasution Muhammad Hamdan Muhammad Reza Azhar Pendastaren Tarigan Prastiyo Triwibowo Radinal Panggabean Ramsi Meifati Barus Riadhi Alhayyan Suhaidi Suhaidi Surya Sofyan Hadi Sutiarnoto Sutiarnoto