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Edi Yunara
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMIDANAAN PENGURUS KOPERASI DALAM TINDAK PIDANA PENGGELAPAN SIMPANAN BERJANGKA (ANALISA PUTUSANNOMOR 76 /PID.B / 2014/ PN.MLG) Samsul Aripin Silitonga; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT     This thesis is entitled Criminal Cooperative Management In the Fraud Crime Time Deposit (Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg). To answer the problem is done research using normative legal research, Using secondary data in the form of primary, secondary and tertiary legal material with legal approach method in answer formulation of problem about how arrangement about saving by saving and loan cooperative according to legislation about cooperative, how the criminal liability of cooperative management in criminal act of embezzlement of time deposit, How the judge's judgment in dropping the decree against the actions of the cooperative management commits a criminal act of embezzling the appropriate time deposits Analysis of Decision Number 76 /Pid.B / 2014/ PN.Mlg. The results showed that the judge in the imposition of criminal is based on the consideration of things that incriminate and relieve the criminal and criminal liabilities of futures imprisonment by the cooperative management is an action threatened with Article 374 of the Criminal Code because the management of the cooperative commits a crime by using the position as a board of cooperatives, able Responsible and no excuses of forgiveness. Judges in the imposition of criminal does not apply the criminal provisions contained in the Act to the fullest. Through this research, it is suggested that supervision and training of cooperative management as a form of prevention of abuse of authority carried out by cooperative management in order to conduct business activities in collecting the term saving funds implemented by the Cooperative Board in accordance with the provisions of the Law. The need for criminal imposition to the cooperative management by applying the criminal provisions contained in the Law to the maximum and the need for changes to Law No. 25 of 1992 on Cooperatives that regulate the criminal liability of cooperatives   Keywords: Time Deposit, Crime, Legal Consideration
ANALISIS TERHADAP INPRES NO.7 TAHUN 2015 JO INPRES NO.10 TAHUN 2016 TENTANG AKSI PENCEGAHAN DAN PEMBERANTASAN KORUPSI KAITANNYA DENGAN PERANAN KEJAKSAAN SEBAGAI PENYIDIK Henry Sucipto Sanjaya Sirait; Alvi Syahrin; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT  President R.I Joko Widodo issued Presidential Instruction No. 7 of 2015 and Presidential Instruction No. 10 of 2016. Presidential Instruction No. 7 of 2015 has 8 points to be implemented. The problem of this research: How to regulate the role of the Prosecutor as an investigator in the action and prevention of criminal acts of corruption. What is the role of the Prosecutor as an investigator with the issuance of Presidential Instruction No.7 Year 2015 Jo Presidential Instruction No. 10 of 2016. What are the factors inhibiting the Prosecutor's Office as investigators of corruption prevention and eradication by issuing the Inpres. The conclusions of this research are:1.Settings role of the Prosecutor Office as investigator in action and prevention of corruption crime 2.Prosecutor's Appeal as investigator relation with the issuance of Presidential Instruction No.7 Year 2015 Jo Inpres No.10 Year 2016.3.Factor inhibiting the Prosecutor as investigator in prevention and the eradication of corruption by the issuance of the Inpres. Suggestion of this research:1. The Prosecutor through TP4D team to be involved in escort, both in budget planning, auction, implementation until the completion of procurement activities of government goods and services.2. The Prosecutor should play an active role in the enforcement of legal supermarkets and the eradication of corruption without intervention both externally and internally. 3. The Prosecutor should get additional budget by issuing the Inpres and increasing human resources in conducting investigation and prosecution of corruption crime.  Keywords : Inpres, Prevention, Eradication, Corruption, Role, The Prosecutor, The Investors
KEABSAHAN PENETAPAN STATUS TERSANGKA OLEH PENYIDIK KEPOLISIAN (STUDI PUTUSAN PRAPERADILAN NO. 39/PRA.PID/2016/PN.MDN) Jenggel Nainggolan; Syafruddin Kalo; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Determination of the suspect as a pre-trial object has been widely applied or petitioned. One of them is the determination of suspects against Syahrial Siagian on a report by Muhammad Nurdin Daulay with the Police Report no. LP/359/III/2016/RestaMedan/Sek.Medan The March 30, 2015 where in a summons to Syahrial Siagian (dated 08 April 2016 No. S-Pang/137/IV/2016/RESCRIM) as a suspect for a criminal offense against (Article 335 paragraph 1 of the Criminal Code or the Criminal Code) on Muhammad Nurdin Daulay. Reporting by Muhammad Nurdin Daulay is a form of backlash because it has been reported by Syahrial Siagian's wife Aisha Hasibuan for alleged persecution of her son Adli Dahlan Siagian and alleged defamation of Aisyah Hasibuan (wife) with police report No. LP/227/II/2016/RestaMedan/Sek.Medan The East and the police report No. LP/313/III/2016/RestaMedan/Sek.Medan The East where the above 2 (two) reporting Muhammad Nurdin Daulay has not been designated as a suspect so that the form of treatment conducted by East Sector Police Headquarters through Criminal Investigation and auxiliary investigators is an attempt to criminalize Syahrial Siagian to help Muhammad Nurdin Daulay. Efforts made by the police or not the establishment of Muhammad Nurdin Daulay as 2 (two) reporting and directly set Syahrial Siagian is a form of omission and criminalization against a person. That is, by being designated as a suspect on behalf of Syahrial Siagian then Muhammad Nurdin Daulay has bargaining value or the value of negotiations so that both the Muhammad Nurdin Daulay and Syahrial Siagian both revoke the report that included the East Medan sector policing.   Keywords: determination of suspect, pretrial, and justice
IMPLEMENTASI PASAL 69 AYAT 4 UU NO 45 TAHUN 2009 TERHADAP KAPAL IKAN BERBENDERA ASING YANG TERTANGKAP TANGAN MELAKUKAN ILLEGAL FISHING OLEH DIT POLAIR POLDA SUMUT Hariyatmoko Hariyatmoko; Alvi Syahrin; Suhaidi Suhaidi; Edi Yunara
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The theft of fish at sea have caused great loss of fishery in the territory of the Republic of Indonesia. Mandate of the Act No. 45-year 2009 article 69 paragraph 4 to carry out the functions of supervision and law enforcement in the field of fisheries in the area of management of fisheries of the Republic of Indonesia. On the basis of the policy of the Directorate of Police (.dit Polair) Waters of North Sumatra doing the sinking ship of a foreign flagged fishing perpetrators of illegal fishing. Based on the research behind latas will be analyzed the implementation of paragraph 4 of article 69 of the Act No. 45-year 2009 against a foreign flagged ship fish which is caught hands doing illegal fishing with the object of research conducted at the .dit Polair  Police Of North Sumatra. The research was carried out using the method of normative legal research. Research data using secondary data and supported by primary data. Data collected with the use of the study of the literature and interviews. The data analysis done with the method of qualitative analysis. Protecting the richness of the waters from the level of illegal fishing which can interfere with the conservation of nature, protect the traditional fishing, improve social welfare and State revenue. Policy action to eradicate illegal fishing puts the magnitude of the law court decisions remains the sinking process when compared to foreign vessels caught hands starting with the evidence sufficient. Implementation of the sinking ship of alien fish by North Sumatran Police Polair Recorded in the maintenance of kamtibmas, law enforcement, as well as provide protection, shelter and service to the community. Nevertheless Recorded Polair Poldasu experiencing obstacles in the application of article 69 paragraph 4 of Act No. 45 of the year 2009. It is because after enactment of the Ordinance, there is a constraint that does not support an increase in production and export in terms of quantity and quality. Based on the above research advice researchers that implementation of article 69 of the Act 45 Years 2009 paragraph 4 needs to pay attention to the basic considerations against the background of the enactment of the Government policy in the prevention efforts illegal fishing. Law enforcement agencies to be more active in conducting dissemination to the public of illegal fishing. Law enforcement must do other efforts can support the success in preventing the occurrence of illegal fishing with the increase in HUMAN RESOURCES, improvement of facilities and infrastructure supporting operasioanal, improve security operations on a regular basis and coordinated.   Keywords:    the sinking of the ship, Illegal Fishing, Recorded Polair of North Sumatra.
TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA KORUPSI OLEH KORPORASI DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Joko Pranata Situmeang; Syafruddin Kalo; Edi Yunara; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT A business entity that may be involved in the procurement of land for public interest is clearly a legal entity/corporation in the form of a Limited Liability Company or PT. This is because PT has a very large capital. Entry of business entities in the procurement of land for public purposes clearly have a positive or negative impact. Positive impact with the involvement of corporations in the procurement of land for public interest is the acceleration of land acquisition can be faster because the funds are owned not only from the state budget (APBN/APBD) (Budget Revenue and National Expenditure/Budget Revenue and Expenditure Daera) because there are funds sourced from parties another is the corporation. Therefore, it is necessary to review the regulation of corporate participation in the procurement of land for public purposes. The elements of corruption committed by corporations in the procurement of land for public purposes and Corruption criminal liability by corporations in the procurement of land for public. Keywords: Land, Corporations and Public Interest
Kebijakan Kriminal Terhadap Tindak Pidana Pencabulan Yang Dilakukan Oleh Anak Di Wilayah Pancur Batu Rosalyna Damayanti Gultom; Alvi Syahrin; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Children as successors to the baton of the struggle of the nation and state actually grasp the hopes of the nation. The good and bad future of the nation depends also on the good and bad conditions of the child at this time. However, now children often fall into various crimes, including the crime of sexual abuse. Crimes of sexual immorality can not only be done by adults, but children also tend to easily fall into it. There are 8 (eight) cases of sexual offenses committed by children in the Pancur Batu area that occurred in 2016 to 2017. The problems raised in the writing of this thesis are how to regulate criminal acts of sexual abuse committed by children in the legislation in Indonesia, then what are the factors that cause criminal acts of sexual abuse committed by children in the Pancur Batu area, and how is the criminal policy in handling criminal acts of sexual abuse committed by children in the Pancur Batu area.   Keywords  : Criminal Policy, Abuse done by Children
Penegakan Hukum Operasi Tertangkap Tangan Terhadap Tindak Pidana Korupsi Oleh Satuan Tugas Sapu Bersih Pungutan Liar: Studi Kasus No.58/Pid.Sus-TPK/2017/PN MDN Fuji Sasmita; Ediwarman Ediwarman; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 3 (2019)
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Abstract. Illegal fee is one of corruptions that widely happen in public administration both at central or regional levels. The government has formed Satuan Tugas Sapu Bersih Pungutan Liar to fight illegal fee with red-handed operation. This research tries to investigate some problem:  the regulation about Satuan Tugas Sapu Bersih Pungutan Liar to do red-handed operation, constraining factors in red handed operation and law enforcement policy in case of Medan District Court number 58/Pid.Sus/TPK/2017/PN MDN. The method used in this research is  normative and empirical research. The nature of the research is descriptive analysis. The type of data used is secondary data derived from primary, secondary, and tertiry legal material. Secondary data are collected by literature study technique and field study with data collection tool in the form of interview. Furthermore, the data are analyzed by using qualitative analysis method. The result of the research shows that the regulation about Satuan Tugas sapu Bersih Pungutan Liar in red-handed operation has been arranged on President Regulation number 87/2016 and Governour Decision number 188.44/181/KPTS/2018. Meanwhile, the constraining factors are limited funds, facilities, difficulty in obtaining the information, community participation, lack of socialization, and culture. Concerning the policy of law enforcement as showed by Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN, is carried out analysis of the chronology of the case, the prosecutor’s charge, the prosecutor’s demand, the legal facts, the judge’s evidence, and the judge’s verdict. Based on the analysis of Medan District Court number 58/Pid.Sus-TPK/2017/PN MDN there is inaccurate application about law. The prosecutor demand the defendant ESS with article 11. According to this analysis that the defendant should be demanded and decidec by using article 12 e about extortion. Keywords: illegal fee , criminal act of corruption, red-handen operation
Aspek Hukum Pidana Pungutan Liar Terhadap Pelaku Tindak Pidana Korupsi : Studi di Kepolisian Daerah Sumatera Utara Yosua T.R. Panjaitan; Madiasa Ablisar; Edi Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
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Wild charges or abbreviated with the imposition of fees or pungli is asking for money forced by someone to another person which is the practice of crimes and breaking the law. Many people who complain and harmed by the presence of wild charges and not official just for personal interest or group. Pungli had damaged public order and cause mistrust of the community to the Government. Pungli practices within the bureaucracy caused by weak oversight and supervision among government agencies, although a number of internal and external oversight agencies has been in the form of bureaucratic culture among pungli, failed to diminish let alone eliminated. Article 1 step 5 law No. 8 of 1981 Year Book of the law of criminal procedure (CODE of CRIMINAL PROCEDURE), the investigation is a series of actions of investigators to search for and find an event that is thought to be a criminal offence in order to determine which can be or whether by way of investigation conducted under the Act. Task force saber in the response of wild charges criminal acts, then there are knowable constraints faced by UPP/task force on Clean Sweep Wild Levy, thus causing activities do not run in maximum or become less effective. barrier to coordination is the attitude of the law enforcement officers of the nonprofit agency centric i.e. each agency behaved he is the most powerful and most decisive so grow indifferent attitude towards the implementation of countermeasures of follow-up criminal saber pungli   Keywords: Wild, The Levy Investigation, The Perpetrators Of The Crime Of Corruption
Penerapan Unsur Permufakatan Jahat Dalam Pasal 132 Ayat (1) Undang-Undang Republik Indonesia Nomor 35 Tentang Narkotika : Studi Putusan Pengadilan Negeri Medan Nomor : 2644/Pid.Sus/2017/Pn.Mdn Gerry Anderson Gultom; Syafruddin Kalo; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara not in accordance with the full sound of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, this can be seen clearly from the indictment, proof of elements by the public prosecutor in the judicial panel's decision and elemental verdict in the decision that omits the phrase "to do" in Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The application of articles like this is clearly contrary to the law. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara eliminating the phrase "to do" gives rise to different legal consequences of the intent and purpose of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning actual Narcotics. The phrase "to do" wants the perpetrators of crimes to be charged even though the criminal act has not been completed, but in this case the public prosecutor and the panel of judges actually prove the crime as referred to in the second indictment which has already been completed. By proving the second indictment, the public prosecutor and the panel of judges wasted the opportunity to prove the defendant's guilt in the first indictment, whose criminal threat was more severe even though the facts of the trial were very possible to prove the defendant's mistake in the first indictment. Keywords: application, elements, evil consensus, crime and narcotics.
Analisis Yuridis Pemberian Justice Collaborator Pada Pelaku Tindak Pidana Narkotika : Studi di Kejaksaan Negeri Karo Pola Martua Siregar; Madiasa Ablisar; Muhammad Ekaputra; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Disclosure and verification of the perpetrators of narcotics crimes requires the provision of justice collaborators in resolving the narcotics crime. This was done so that law enforcement officials, especially in the Karo District Prosecutor's Office were able to uncover an organized narcotics crime in Tanah Karo. Therefore, it is necessary to examine the need for Justice Collaborators in an effort to uncover the occurrence of certain criminal acts, legal arrangements regarding justice collaborator in Indonesia and the application of justice collaborators to perpetrators of narcotics crimes in the Karo District Prosecutor's Office.   Keywords: narcotics crime, justice collaborator and prosecutor's office
Co-Authors Alvi Syahrin Andi Supratman Arpan Carles Pandiangan Bismar Nasution Ediwarman Ediwarman Erlangga Prasady Fuji Sasmita Gerry Anderson Gultom Gunawan Sinurat Hana Oktaviana Fahlevi Hariyatmoko Hariyatmoko Henry Sucipto Sanjaya Sirait James Kristian Laoli Jenggel Nainggolan Joko Pranata Situmeang Lidya Ruth Panjaitan Madiasa Ablisar Mahmud Mulyadi Marlina Marlina Mirza Erwinsyah Mirza Nasution Muhammad Ekaputra Muhammad Hamdan Muhammad Junaidi Parlindungan Twenti Saragih Pola Martua Siregar Polin Pangaribuan Ricky T. A Pasaribu Rosalyna Damayanti Gultom Samsul Aripin Silitonga Siregar, Khoiruddin Manahan Suhaidi Suhaidi Syafruddin Kalo Vinamya Audina Marpaung Yosua T.R. Panjaitan