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ANALISIS HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF PSIKOLOGI KRIMINAL (STUDI KASUS PENGADILAN NEGERI MEDAN) Andi Supratman; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption is a social disease and parasite that harms a nation’s life aspects when it is practiced continuously in a big scale. Nowadays corruption can be classified into two points of view. First view states that corruption is from the individual of the corruptor. Second view, according to some experts, states that corruption is a social practice within a system. Since corruption cases in Indonesia are getting more massive, it is necessary to study the factors which cause corruption within the criminal psychological perspective. Corruption eradication can be carried out by the policy of the Penal Law; namely Penal and Non-penal policies. The objective of the research is to find out the legal administration, the factors which lead to corruption and penal law policy. The research applies judicial normative method which is grounded on library research to obtain materials related to the research problems. The instruments used to collect the data are library study and interview. Based on the results, the formulation of the Law on corruption has evolved substantially. The changes are seen from how the law makers put the regulations into a particular form of regulation. The Law on Corruption/ 1999 has set criminal weighing such as death penalty, particular minimum criminal sanction, higher fine, and more actions classified into corruption. Viewed from the criminal psychological perspective, the factors which cause corruption are derived from within the corruptor’s self; they are greedy and rapacious, and caused by basic human values such as hedonism, achievement as well as conformity. The strategy to eradicate corruption is by establishing Penal and Non penal policies. Penal policy is carried out by means of law enforcement i.e. involve the accused/defendant of corruption to reveal a case. Their participation is known as the Justice Collaborator and Whistle Blower. It is stipulated in the Circular Letter of the Supreme Court No.4/2011. Then, it can also be carried out by impoverishing the corruptor which has been enabled by the prevailing regulations; namely, the Article 18 of the Law on Corruption. Next, non-penal policy can be made by empowering the moral integrity of the law enforcers to enforce the law on corruption, namely empowering the welfare system or establishing political and economic risk system, and disseminate the understanding of corruption to the bureaucrats in either executive or legislative institutions, the law enforcers and all levels of the society. Keywords: Corruption, Psychology, Criminology.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DALAM KELUARGA (ANALISIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 760 K/PID/2013) Gunawan Sinurat; Alvi Syahrin; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law is a tool in protecting the rights of people whose purpose is order and tranquility in society, but the law alone will not be able to achieve that goal. Nowadays the frequent complaints in the police are the cases of the family has increased, because the current society assumes that any problems will be better resolved with the domain of the court when it would be nice if resolved by way of kinship. The provision of Article 367 of the KUHP can be seen that the theft in the family is a complaint offense, meaning that there is or not a claim against this offense depends on the agreement of the disadvantaged / victims / people determined by law. Keywords: Theft and In The Family.

ANALISIS PUTUSAN TINGKAT KASASI TERHADAP PUTUSAN PENGADILAN YANG MEMBEBASKAN PELAKU TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PENYELENGGARA NEGARA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR : 236 K/PID.SUS/2014). Ricky T. A Pasaribu; Muhammad Hamdan; Edi Yunara; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Debate about corruption will never end. This phenomenon is very interesting to be analyzed, let alone,in this current condition there is an indication which reflects people’s distrust in the government. The demand for clean governmentis increasing, followed by the previous economic crisis. The research problems were how about the type of corruption criminal actcommitted by government officials in the abuse of authority, how about judge’s considerationin the Medan District Court’s Ruling No. 51/Pid.Sus.K/2013/PN.Mdn, and how about the analysis on Judge’s Decision in the Higher Court on acquittal in corruption criminal act in the abuse of authority committed by Government Officials (A Case Study on the Supreme Court’s No. 236K/Pid.Sus/2014). The research used juridical normative and descriptive analytic method by using primary, secondary, and tertiary legal materials with qualitative analysis. The result of the research was related to three types of corruption offense committed by government officials such as bribery, embezzlement, fraud, extortion, and gratification. The judge’s consideration in the Medan District Court’s Ruling in the case No. 51/Pid.Sus.K/2013/PN.Mdn on acquittal for the defendant in that case, there were some errors in the decision of the Panel of Judges. They only heard the witnesses’ and the defendant’s testimonies without considering any legal provisions which regulate that case. It is recommended that the principle of good governance be implemented in all government levels and lines and all actions should be applied. Keywords : Cassation Appeal, Corruption Criminal Act, Government Officials

PENERAPAN HUKUM PIDANA MILITER PADA KASUS TINDAK PIDANA DESERSI DALAM WAKTU DAMAI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA ANGKATAN DARAT DI AJENDAM I BUKIT BARISAN Hana Oktaviana Fahlevi; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Indonesian Army (TNI AD) is part of the Indonesian Armed Forces (TNI) that acts as a state instrument in the field of land defense. The main task of the Indonesian Army is to uphold the sovereignty of the state, to maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution, and to protect the entire nation and the entire Indonesian blood from the threats and disturbances to the unity of the nation and state. In carrying out its duties and obligations to the state, the Ajendam I /Bukit Barisan can not be separated by the problems. One of the problems encountered is the occurrence of desertion crimes committed by members of the Ajendam I / Bukit Barisan.The crime of desertion is a pure military crime committed by members of the Indonesian Armed Forces is an act in which a member of Indonesian Armed Forces leaves the unit/base without the legal permission of his superior. The settlement of desertion cases is processed through a special justice system that is military court. The method used in this research is juridical normative and empirical juridical which refers to the principles of law in the form of conception, norms, rules of legislation, court decision and collect, find data and information through field study to member of Indonesian Army of Ajendam I/Bukit Barisan who commits a criminal act of desertion in peace time. The nature of this thesis research is descriptive analysis. Data collection techniques conducted in this study is primary data collection conducted by field study and secondary data collection conducted by library research. Keywords: Members of Indonesian Army, Desertion, Implementation of Military Criminal Law.

ANALISIS YURIDIS PEMBUKTIAN TINDAK PIDANA JUDI ONLINE MENURUT UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Parlindungan Twenti Saragih; Syafruddin Kalo; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The online gambling crime initially took place in 1994 of Antigua and Barbuda countries in the Caribbean which passed freedom of trade and processing legislation, which then allowed the licensing of organizations to build easy online casino openings. Before online casinos, the first fully-functioning gambling software was produced by Mann's software company called microgaming. The use of the software is then guaranteed security by a security company for software called Cryptologic. Given these steps gambling transactions via the internet can be done safely and became the embryo of the first online casino in 1994. In Indonesia gambling is a crime or a criminal offense so that every involved in it will be subject to criminal sanctions. The article governing gambling is Article 303 bis para (1) of the Criminal Code (KUHP). Furthermore, if a person engages in or engages in online gambling, the articles imposed do not refer to the Criminal Code but refer to Article 27 of Law No. 23/1999. 11 Year 2008 About Information And Electronic Transactions, The emergence of online gambling offenses is certainly very difficult to prove because it can be ascertained the investigators are not all have the ability in information and technology (IT). This resulted in the difficulty of the disclosure of online gambling that continues to grow in the community. Online gambling is now not only limited to sites that really provide online gambling but to hide the trail of sites that are pure games not for gambling is also used as a means to smooth the business of online gambling. For example, the card games contained in facebook are often also used or used for online gambling. Based on the above description, it is interesting to discuss the legal issues entitled "Juridical Analysis of Proof of Online Gambling Crime According to Law no. 11 Year 2008 About Information And Electronic Transactions. Keyword: Online gambling and electronic transactions

PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANAPENCUCIAN UANG (TPPU) YANG BERASAL DARI HASIL PENYUAPAN (ANALISIS PUTUSAN NOMOR : 38/PID.SUS/TPK/2013/PN.JKT.PST) Mirza Erwinsyah; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Background Bribery Bribes posing a threat to economic stability may undermine democratic institutions and values, ethical values, fairness, discriminatory nature, undermine ethics and honest business competition, injure sustainable development and enforceability of the law. The problems in this thesis are how the Corruption Crime formulation according to the Corruption Act, How is the Money Laundering Formulation under Law No.8 Year 2010 and How is the analysis of criminal law against Money Laundering Crime from Criminal Acts of Bribery On Decision Number: 38/ PID.SUS/TPK/2013/PN.JKT.PST.The conclusion in this thesis is a special legislation regulating the criminal act of corruption already exists. In Indonesia alone, the law on corruption has been 4 (four) times changed. The Crime of Money Laundering as stipulated in Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime can be classified into 2 (two) types, namely: Crime of Money Laundering and Passive Money Laundering Crime. Based on the indictment, the case is registered with number 38 / PID.SUS / TPK / 2013 / PN.JKT.PST. The defendant was charged with a layered article using 2 (two) Laws namely the Eradication of Corruption and the Criminal Act of Money Laundering. Keywords : Law Enforcement, Criminal, Money Laundering Crime, Bribery.

PERANAN ATASAN BERHAK MENGHUKUM DAN PERWIRA PENYERAH PERKARA DALAM PROSES PENYELESAIAN PERKARA TINDAK PIDANA DESERSI DI PERADILAN MILITER Erlangga Prasady; Alvi Syahrin; Madiasa Ablisar; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTARCT This research analyzed about Ankum and Papera are crucial to the work of the military justice process. The propriety of investigators and investigators of military crimes can be disrupted by the superior-subordinate mechanisms. And in practice there is often an interesting attraction between Ankum on the one hand with law enforcement officers on the other. Law enforcement officials have an interest in bringing the suspect to court, while Ankum / Papera tends to avoid because bringing to justice is equally concerned about Ankum's responsibilities as commander. The type of this research is legal / normative research and descriptive analysis. The problem approach used in this research is statute approach and conceptual approach, collecting and collecting data is done by literature study and field study, research It uses qualitative analysis. Based on Law Number 31 of 1997 The role and authority of Ankun as commander of a commander has a central position and fully responsible for his subordinates. Papera in determining a criminal case to seek opinions from Oditur Miilter but its nature in the form of suggestions and opinions then it does not bind the commanders, ultimately the commander is also decisive so that the assessment is subjective when the settlement of a case must be objective. Keywords: Role, Ankum, Papera, Crime Desertion, Military Court

PENERAPAN HUKUM PIDANA MILITER PADA KASUS TINDAK PIDANA DESERSI DALAM WAKTU DAMAI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA ANGKATAN DARAT DI AJENDAM I BUKIT BARISAN Hana Oktaviana Fahlevi; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Indonesian Army (TNI AD) is part of the Indonesian Armed Forces (TNI) that acts as a state instrument in the field of land defense. The main task of the Indonesian Army is to uphold the sovereignty of the state, to maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution, and to protect the entire nation and the entire Indonesian blood from the threats and disturbances to the unity of the nation and state. In carrying out its duties and obligations to the state, the Ajendam I /Bukit Barisan can not be separated by the problems. One of the problems encountered is the occurrence of desertion crimes committed by members of the Ajendam I / Bukit Barisan.The crime of desertion is a pure military crime committed by members of the Indonesian Armed Forces is an act in which a member of Indonesian Armed Forces leaves the unit/base without the legal permission of his superior. The settlement of desertion cases is processed through a special justice system that is military court. The method used in this research is juridical normative and empirical juridical which refers to the principles of law in the form of conception, norms, rules of legislation, court decision and collect, find data and information through field study to member of Indonesian Army of Ajendam I/Bukit Barisan who commits a criminal act of desertion in peace time. The nature of this thesis research is descriptive analysis. Data collection techniques conducted in this study is primary data collection conducted by field study and secondary data collection conducted by library research. Keywords: Members of Indonesian Army, Desertion, Implementation of Military Criminal Law.

EUTHANASIA DALAM PERSPEKTIF HUKUM POSITIF DAN POLITIK HUKUM PIDANA DI INDONESIA Khoiruddin Manahan Siregar; Syafruddin Kalo; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Euthanasia is an attempt to end someone life when he/she has an uncurable illness, euthanasia will be done in order to release his/her from suffering his/her illness. In Indonesia, euthanasia can not be done and it is classified as an illegal act. Both in the positive law and the ethics code regulate that performing an euthanasia is not allowed. The type of research conducted in this study is normative legal research, normative legal research is a method of research that refers to the norms, theories, principles, and rules contained in various positive laws so that it refers to the legal or commonly called criminal law politics. The results of this thesis writing study can be concluded that euthanasia if viewed from the aspects of positive law and political criminal law in Indonesia is still experiencing debate that has not found the end, because between the granting of human rights with the contradictions of national law, especially the Criminal Code applied in Indonesia, but basically that the act of euthanasia is still an act that is prohibited in the criminal law system or health law that exist in Indonesia, regardless of the reasons and the reasons used and whoever proposes both the person who wants to be his or her own family is still prohibited from committing the act of euthanasia, even health workers as well it is still prohibited to perform such euthanasia for any reason. Keywords: Euthanasia, Positive Law, Medical Ethics, Political Criminal Law

PEMISAHAN PENYIDIKAN TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) DARI TINDAK PIDANA KORUPSI SEBAGAI TINDAK PIDANA ASAL (PREDICATE CRIME) Muhammad Junaidi; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Investigation of money laundering crime and corruption as a criminal offense is very possible to be done separately or there is a separation of investigation. Therefore, it is necessary to examine the separation of investigation into money laundering crime with corruption as an offense. Factors that affect the separation of investigations in money laundering crime with corruption as an offense. Obstacles in separating the investigation of money laundering crime with corruption as a criminal act of origin and efforts to overcome the barriers of separating the investigation of money laundering crime with corruption as an offense. Keywords: Separation, Corruption and Money Laundering Crime

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