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TINDAK PIDANA PENELANTARAN RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (Studi Putusan Mahkamah Agung Nomor 467K/Pid.Sus/2013) Fitriani Fitriani; Mahmud Mulyadi; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal cat on neglecting a family is the fourth violence in Law No. 23/2004. Law on PKDRT does not provide systematic qualification about an action which is categorized as the act of neglecting. Today, imprisonment is considered the moist effective way to cope with the incidence of criminal act.The result of the research showed that criminal act of neglecting a family included not provide life for the family such as not supporting his children financially and not taking care of the family, especially when the family members were sick, not taking responsibility for the family members like economic neglect prohibiting them to get jobs, not fulfilling his obligation like taking something without the knowledge and the approval of the owner, and taking by force and/or manipulating the family members’ property. Imprisonment or fine is not appropriate imposed on the perpetrator who has neglected his family since it does not mean anything for the victim. He has to compensate the loss. One year imprisonment charged by judex juris judge is considered not appropriate; it seems that the judge did not consider the facts found in the hearing and Article 4, point d of Law of PKDRT Keywords: Criminal Act, Neglecting, Violence in Household

PENYITAAN HARTA KEKAYAAN PELAKU TINDAK PIDANA MONEY LAUNDERING DITINJAU DARI WAKTU TERJADINYA TINDAK PIDANA (TEMPUS DELICTI ) (Studi Putusan MARI No.1195/K/PIDSUS/ 2014) Elfirda Ade Putri; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Verdict of the Jakarta Pusat District Court No. 38/pidsus/tpic/2013/Pn.Jkt.Pst indicted Luthfi Hasan Ishak for committing money laundering with 18 year-imprisonment. The result of the research showed that the confiscation of the property which came from money laundering criminal act that occurred before tempus delicti could be performed as it was stipulated in Chapter V, part 4 from 38 until Article 46 of the Penal Code, and some part of it stipulated in Chapter XIV on Confiscation stipulated in Article 1, letter 16 of the Penal Code. The judge’s consideration in his verdict was not contrary to das solen and das sein. In this case, the defendant’s statement could not prove that his property was obtained from LHKPN so that the panel of judges concluded that his property came from corruption criminal act. Judges as part of law enforcement should improve their performance in their verdicts in upholding legal certainty, sense of justice, and benefit. Keywords: Confiscation of Property, Money Laundering, Tempus Delicti

ANALISIS YURIDIS KEBIJAKAN PEMIDANAAN DENGAN HUKUMAN KEBIRI TERHADAP PELAKU PEDOFILIA Muhammad Andi Dirgantara; Syafruddin Kalo; Alvi Syahrin; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sentencing policy with castration punishment is a form of government efforts to suppress the sexual abuse of children were recently increased. Award gelding punishment for pedophiles do with chemical castration. objects that are discussed in this study is to answer the question about the policy of punishment for pedophiles in Indonesian positive law, setting penalties gelding by Perppu No. 1 2016 on the Second Amendment Act No. 23 of 2002 on Protection of Children and penalties gelding in the perspective of Islamic law and human rights, this research then produced several conclusions that pedophilia is a disorder of sex deviates experienced by adults the sexual attraction to children that lead to rape and / or sexual abuse, perpetrators be punished gelding was ever convicted offenders with similar criminal offense and punishable by life imprisonment or imprisonment of at least 10 (ten) years. in Islamic law does not use neuter punishment for perpetrators of rape or sexual abuse and differences of opinion against punitive castration for pedophiles rights terms manusia.Berdasarkan conclusions obtained in this study, it is suggested not only add to the type and weight penalties for pedophiles but also consider the interests of children who are victims of sexual violence, the perpetrators were never convicted the same and has serious impacts should be put to death without punishment made a gelding and reviewing punitive castration for pedophiles. Keywords: Policy Punishment, Punishment gelding, Actors Pedophilia

LAW ENFORCEMENT AGAINST CRIME SMUGGLING OF USED CLOTHING IMPORTS (STUDY CENTER TANJUNG COURT RULING KARIMUN NUMBER 107 / PID.SUS / 2014 / PN TBK AND CAPE CENTER COURT RULING KARIMUN PID.SUS No. 217/2015 / PN TBK) Iryanti Sagala; Syafruddin Kalo; Madiasa Ablisar; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this thesis, the author raised the issue of Law Enforcement Against the Crime of Trafficking Used Clothing Imports (Study District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and the District Court's Decision No. 217 Tanjung Balai Karimun Pid.Sus / 2015 / PN Tbk). The theme selection triggered by the smuggling of used clothing was banned by the government, because it hurt the government in terms of revenue in the country, especially the loss of state revenues from customs duties and other charges which should have been received by the Director General of Customs and Excise. There are several options related to the crime of smuggling of used clothing, namely Law No. 17 of 2006 on the Amendment of Act No. 10 of 1995 on Customs, Trade Minister Regulation No. 51 / M-DAG / PER / 7/2015 on Prohibition of Import Used clothing, Trade Minister Regulation No. 54 / M-DAG / PER / 10/2009 on General provisions field of imports, and the Minister of Industry and Trade No. 642 / MPP / Kep / 9/2002 on the amendment Annex I to the Decree of the Minister of Industry and Trade No. 230 / MPP / Kep / 7/1997 on goods set import trade system. The author of this paper uses normative juridical method to approach law (statute approach) and the approach of the case (case approach). By using the above study, the authors obtained the answers to existing problems that the District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and District Court of Tanjung Balai Karimun Pid.Sus No. 217/2015 / PN Tbk same -Same subject to criminal Article 102 (a) of Law No. 17 of 2016, with the sound: every person transporting imported goods that are not listed in Article 7A paragraph (2) had been convicted of smuggling in the field of import by sanctions imprisonment of a minimum of 1 (one ) years imprisonment and a maximum of 10 (ten) years and fined at least Rp. 50.000.000, - (fifty million rupiah) and Rp. 5,000,000,000, - (five billion rupiah). But these two cases different sanctions imposed. The difference of the decision can be caused due to lack of unanimity view of the judges in assessing a case the same or equivalent. In addition the maximum limit and the minimum limit given discretion to judges to convict may also cause differences in punishment. Keywords: Crime of Smuggling, Used Clothing Imports

KEBIJAKAN KRIMINAL PENANGGULANGAN CYBER BULLYING TERHADAP ANAK SEBAGAI KORBAN Wenggedes Frensh Frensh; Syafruddin Kalo; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The result of this study shows that the present indonesia criminal policy dealing with cyber bullying either the penal policy or the non penal policy, they both can be used to prevent the act of cyber bullying. From the penal side, indonesia government uses criminal code and Law No. 11/2011 Information and electronic transactions to prevent the act of cyber bullying. From the non penal side, government has done the cultural approach, moral and education approach, scientific approach and technology prevention. The future criminal policy in handling all act of cyber bullying in indonesia needs improvement and change. From the future penal side, there should be connectivity in the main criminal law system between criminal code and other constitutions besaide criminal code. The concept of criminal code needs to be validated by considering the comparative aspects towards the constitutions among other countries dealing with cyber bullying. From the future non penal side, there should be more moral approach/education, technology prevention, global approach (international cooperation), government role, media role and media of journalism role. Keywords : Criminal Policy, Prevention, Cyber Bullying, Children, Victim

ANALISIS HUKUM MENGENAI SANKSI PIDANA PENJARA SEUMUR HIDUP TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DALAM PERSPEKTIF KRIMINOLOGI : STUDI PENGADILAN NEGERI MEDAN Marihot Tua Silitonga; Ediwarman Ediwarman; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT People’s relevance in the social and national life starts from an understanding that law is a part of the inherent system in human life. Therefore, we need a policy to improve or make the national KUHP (the Criminal Code) as the value in the society in order that it better reflects the personality of Indonesian nation. Today, life imprisonment is still an alternative to the imposition of death penalty for murderers; thus, it is necessary that life imprisonment be regulated by taking into account the existing interests, the factors that cause and need to be considered in imposing criminal sanctions. The research discussed some problems i.e. how the legal provisions regulated the criminal sanctions for a premeditated murder, how the process leading to life imprisonment for the criminal of a premeditated murder in criminology perspective, how the legal policy on the criminal of a premeditated murder. The results show that firstly, criminal sanction for the criminal of a premeditated murder is stipulated in article 340 of KUHP regarding the pronouncing of death penalty, life imprisonment and 20 year imprisonment. In addition, regarding the offenses stipulated in KUHP, it also regulates the types and criminal sanctions in article 10 of KUHP which is in force at present time. Secondly, the Judge continues to use the factors that cause the occurrence of such crime, namely internal and external factors to be taken into consideration in pronouncing a criminal case of premeditated murder. Thirdly, the criminal law policy is oriented on the reality that the criminal law policy implemented takes into more consideration the criminal’s behaviour and fate that he will become better in the future. Keywords: Crime, Premeditated Murder, Criminology

PEMBERIAN RESTITUSI TERHADAP KORBAN ATAU AHLI WARIS DALAM TINDAK PIDANA PERDAGANGAN ORANG Boy Amali; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Every victim of human trafficking crime or their heirs the right to obtain restitution. Restitution referred to in paragraph (1) for damages above: a. loss of wealth or income, b. suffering, c. costs for medical care actions and / or psychological and / or d. other losses suffered by the victim as a result of trafficking. The refund was given and included simultaneously in the ruling court on criminal case of human trafficking. Restitution carried out since the first level court decision handed down may be deposited in advance at the court where the case is disconnected. Restitution is done within 14 (fourteen) days from assured decision that has obtained permanent legal force. The perpetrator was acquitted by the court of appeal or cassation, the judge ordered restitution in the decision that the money deposited is returned to the person concerned. The conclusion of this thesis, 1.Government Indonesia is expected to soon establish minimum standards for the eradication of trafficking in persons. Furthermore, it should start using the Law No. 21 Year 2007 on Eradication of Trafficking in workers' trade practices. Improvement in the performance of the courts, prosecution and sentencing in cases of labor trafficking, including those involving labor recruitment agencies. Checking back in a Memorandum of Understanding with the countries that became the purpose of trading to incorporate protection of the victim. Need for increased efforts to prosecute and convict public officials who profit from or are involved in trafficking. Increase funding for law enforcement and rescue, restore and reintegrate victims. 2. Though no firmness in Law No. 21 of 2007 as mentioned above, wants to decisions restitution, executor of execution is the prosecutor, because since the beginning of the prosecutor has been involved in the filing restitution claims. (Article 50 paragraph (3) of Law No. 21 of 2007). If the merger of damages and criminal cases in the Criminal Code, implementing the execution of criminal decisions implemented by the Prosecutor (Article 270 Criminal Procedure Code), while the decision of restitution / compensation is carried out according to the procedures of the civil judgment (Article 274 of the Criminal Code) .3.Laws Number 21 Year 2007 to be immediately implemented by the issuance of Government Regulation (PP) on mechanisms and Procedures Restitution for Victims of Crime of Trafficking in Persons. In the PP least should regulate: a.Tata how to care restitution and the role of prosecutors in filing surrogate restitusi.b.Tata to calculate the value loss to be submitted to the court and the prosecution authorities determine the amount of losses that will be submitted to the court. c. Authority prosecutors filed the restitution is mandatory not voluntary so that he does not need approval from the victim, unless the victim asked the prosecutor not to file a restitution claim. d. Attitude prosecutor if the victim is more than one, there are welcoming the decision and some are wanting appeal. But should the prosecutor suggested to those who refuse to file a lawsuit through the civil order not to harm the victim receives. e.Must firmness that the execution must go through the prosecutor, so that prosecutors can actually carry out surveillance that restitution was met by the offender. Keywords: Restitution, Victims Or Heirs, Crime, Human Trafficking.

PERTANGGUNGJAWABAN PIDANA DOKTER YANG TIDAK MELAKUKAN REKAM MEDIS TERHADAP PASIEN (STUDI PUTUSAN PERKARA NOMOR 86/PID.B/2009/PN.LGS) Paian Tua Dolok Matio Sinaga; Madiasa Ablisar; Marlina Marlina; Chairul Bariah
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT A doctor is seen as a very noble profession, so with that assumption, the people involved in sustaining life are seen as noble ones. It shows the form of human dependence on the importance of the existence of doctors in the world of health. Patients have great confidence and expectation of the doctor for the illness, even if they have to pay a lot of money. In fact, there are often mistakes caused by the negligence of doctors in the treatment of patients who do not make a medical record. This causes great disappointment to the world of medicine, the patient becomes lost trust and also cause traumatic effects on doctors. In addition to feeling disappointed patients are also harmed both in health, service and also materially. This study aims to describe and analyze the form of criminal liability doctors who do not record medical patients. Primary data collection is done through legislation and case study dr. Bukhari, Sp.OG which occurred in 2009 in Langsa Aceh. The regulation of medical records on doctors who practice medicine has been regulated clearly in Law No. 29 of 2004 on Medical Practice and Regulation of the Minister of Health No. 269/MENKES/PER/XII/2008 concerning Medical Record. In performing its obligations the doctors should refer to it. So that doctors can be asked for accountability either criminal or civil. The form of criminal liability of a physician who does not perform medical records in the conduct of medical practice based on the Case Decision Study Number 86/Pid.B/2009/PN.LGS states that, the doctor who deliberately did not make a medical record to his patient while carrying out his medical practice in accordance with the Medical Profession Standard so as to be sentenced to the defendant dr. Bukhari Sp.OG with a fine of Rp. 30,000,000 (thirty million rupiahs), stipulates if the fine is not paid then replaced with imprisonment for 3 (three) months. Keywords: Criminal liability, Doctor, Medical Record, and Patient.

PENERAPAN PASAL 55 UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI DI UNIT PPA SAT.RESKRIM POLRESTABES MEDAN) Gabriellah Angelia Gultom; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Domestic Violence is not a new thing. Moreover the issue of Domestic Violence (KDRT) concerns also the issue of human rights. The existence of domestic violence can be caused by the lack of respect in fulfilling basic human rights. These basic human rights include equal rights and obligations within the law. The criminal acts of domestic violence committed by a husband to his wife or otherwise are often regarded as common in a family. Usually if there is domestic violence, both the perpetrator and the victim cover it. Because it would be considered a disgrace for their family. In fact, the act of violence is an act that violates the law and of course the perpetrators may be subject to criminal sanctions set forth in Law no. Law No. 23 of 2004 on the Elimination of Domestic Violence. All forms of domestic violence, in the event that the proof is stipulated in Article 55 of the PKDRT Law, which provides that as a valid evidence, the testimony of a victim witness is enough to prove that the defendant is guilty, if accompanied by a valid evidence others. This means that even the victim's witnesses who testified that he or she experienced domestic violence by their husbands or wives plus a valid evidence, the husband or wife as perpetrators can be held accountable in criminal cases. In addition to being added with one piece of evidence, domestic violence should be done within the scope of the household. Keywords : Criminal Act; Domestic Violence; and Polrestabes Medan. PENDAHULUAN

PEMBERIAN RESTITUSI SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI ANAK KORBAN TINDAK PIDANA PERDAGANGAN ORANG Rini Anggreini; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the forms of conflicts encountered in the community is the crime of human trafficking which can be categorized as modern slavery. Children who became victims of the criminal acts of trafficking such person need to be protected because a criminal offence against a child not only cause physical or psychological suffering that affect the growing of cotton and the quality of life of the child but also raises materially disadvantage or immateriil. Basically there are forms – form or model protection can be given to children as victims of trafficking which one is granting Restitution. There are rights that are owned by children of various legal instruments and rules that exist. The fulfillment of the rights of the child is also the protection of the law as an attempt to advance the child if the child is a victim of a criminal offence. One of the efforts of the legal protection and rights that is owned by a son who became a victim of a criminal act is a right to obtain restitution. In the Presidential Regulation Number 43/2017 about implementation of Restitution for child as a crime victims set up one about the mechanism of filing the Restitution. Filing a restitution mechanism can be divided into two stages, namely submitted at the stage of investigation and prosecution. In addition the application for restitution can also be submitted following the verdict of the Court. Various barriers or legal issues are still found in the Presidential Regulation Number 43/ 2017. Keywords : Restitution, legal protection, children, Human Trafficking

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