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PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP Aca Surya Putra Zai; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, it can be seen that the criminal responsibility of the director as an individual for the crime of environmental destruction occurred during the director has the authority to prevent the occurrence of violations or to improve the situation. Whereas the criminal liability of the director representing the organs of a limited liability company for criminal acts of environmental destruction can be identified under the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, since due to his position within the company has an obligation to take action to ensure that such violations will not occur as regulated in Article 116 and Article 117 UUPPLH. The development of the direction of criminal liability in the future in the case of criminal acts of environmental destruction has been terminated with the issuance of Perma No.13 of 2016 on the Procedures of Handling Criminal Acts by the Corporations. This regulation provides the basis for law enforcement officials, in the handling of criminal cases involving the perpetrators of corporations and / or corporate directors / administrators. Keywords: Accountability of Director, Limited Liability Company (PT), Crime, Environmental Degradation

ANALISIS YURIDIS ATAS PERAN PEMERINTAH DAERAH TERHADAP PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN Ade Yuliany Siahaan; Suhaidi Suhaidi; Sunarmi Sunarmi; Jelly Leviza
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The research shows that North Sumatera have not yet a regional regulations of CSR but the Local Governments has begun to focus on completing the discussion of that. Even do not have yet the regional regulations of CSR, the Local Government is already have role in corporate social responsibility implementation such as by supervising, receiving reports and cooperating in arrangements CSR. The thing that underlies the participation of local governments in the implementation of CSR is the decentralization policy. It’s just the role of The Local Government sometimes not in accordance with applicable law in Indonesia because The Local Government is still seems not to understand the true meaning of CSR and act over the limit. For it is suggested that the government should make more strict regulations related to the issue of sanctions. And for it is suggested that Local Governments of North Sumatera better to understand more about the truly of CSR’s meaning and simply supervise and provide legal certainty so that all parties (stakeholders) can receive the benefits of corporate social responsibility emplementation. Keyword : Juridical Analysis, Corporate Social Responsibility, and The Local Governments.

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

PERTANGGUNGJAWABAN PIDANA PENGURUS KOPERASI JASA DALAM TINDAK PIDANA PEMERASAN Esron Silaban; Alvi Syahrin; Edy Yunara; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cooperative was founded on the principle of kinship and berasaskan helping to carry out remedial level economic life of mole-people who belong to a group of workers or those who fall into poverty as a result of the implementation of the system of capitalism. However, the cooperative in carrying out its business is inseparable from the possibility of a criminal act, one of which is extortion punishment committed by the cooperative management of the loading and unloading of labor services at the port, which extortion is carried out by the cooperative management on behalf of the cooperative and the proceeds of the crime are accommodated Governed entirely by cooperatives for the benefit of cooperative members. Based on the background then in the formulation of the problem that is: 1) How is the criminal accountability of the cooperative management over the criminal acts of extortion against third parties 2) Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? Can the cooperative be held accountable for money laundering crimes derived from extortion crimes committed by cooperative management? The purpose of this study to determine and analyze the criminal responsibility of the cooperative management of the crime of extortion against third parties and to identify and analyze whether the cooperative could be held accountable for laundering money derived from criminal acts of extortion by the cooperative board. Keywords: Management, Cooperatives, Criminal Accountability, Extortion, Money laundering

PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA KORUPSI (STUDI PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI PADA PENGADILAN NEGERI KELAS I A BENGKULU NO.64/PID.SUS/TPK/2016/PN.BGL) Frendra AH AH; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal liability for corporations as provided for in the draft KUHP factors examined is the concept of corporate liability mechanization and itself. Within the scope of criminal liability issues will put forward the question of the corporation as the subject or the maker or the perpetrator of a criminal offence. Formulation of the problem in this research is how corporate setting as a subject of law in the criminal offence of corruption, how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. Research purposes ais to know how corporate setting as a subject of law in the criminal offence of corruption, to know how does corporate criminal liability in criminal acts of corruption by UU No. 31 Tahun 1999 Jo. UU No.20 Tahun 2001 about the changes to the UU No. 31 Tahun 1999 about the eradication of criminal acts of corruption, and to know how the criminal liability of corporations in the criminal offence of corruption in ruling No. 64/Pid. Sus/TPK/2016/PN. Bgl. The research is the study of normative descriptive research analytical by nature. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis. Keywords: accountability, corruption, criminal corporations.

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.

ANALISIS PENGEMBANGAN KARIR ASN BERDASARKAN MERIT SISTEM (STUDI PENELITIAN DI PEMERINTAH KABUPATEN ACEH TENGAH) Hasan Basri; Jusmadi Sikumbang; Agusmidah Agusmidah; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The enactment of Law Number 5 Year 2014 on ASN is expected to bring significant changes in institutional, career and remuneration systems as this law revolutionizes the recruitment, development and career development system which includes a career path and high filling system through open promotion. The government realizes that bureaucracy is an important and major factor in a bureaucratic administration administration, in which a State Civil Apparatus (ASN) plays a very important role in it. To ensure the election of professional and competent persons, in accordance with the standard of competence of office. Central Aceh district which is one of the areas located in the province of Aceh is an area where the level of productivity of public services is still low, the civilian state of the existing country more comes from people close to the leadership. As for the problem in this research is How the provision of career development ASN based on system merit ?, Is the existing regulation able to build mechanism and institute for career development ASN based on merit system ?, How Regency of Aceh Tengah implementing merit system in filling position / career ASN? This type of research used is the juridical approach normative or doctrinal. Sources of Legal Materials to be used are Primary Legal Material, Secondary Legal Material, and Tertiary Law Material. Techniques and Data Collection Tools that researchers use is Document Studies. The data has been collected and then analyzed by using descriptive qualitative analysis, which is analysis by describing and analyzing the data of literature and field data in the form of statement carefully and systematically. The results of this study indicate that the development of ASN careers based on system merit refers to based on Law No. 5 of 2014 About ASN is a system of personnel development based on career and work performance, measurable administratively and the reality of the achievement of duties and devotion of an employee, in the duty environment which he assumed in the organization of government office. Regulations or legislation governing the provisions relating to the State Civil Apparatus that is in Law No. 5 of 2014 and Government Regulation No. 11 of 2017 on the State Civil Apparatus Management for the present become the basis for the government both central and local as a foundation of career development and development ASN or Civil Servant. It's just that the regulation has not run optimally and optimal because it has not been able to overall local government to implement the merit system in ASN career development. The implementation of ASN careers and career development in the regency of Central Aceh is not currently running optimally and optimally, because there is still influence by the officials concerned. Keywords: Career Development, Merit system, State civil apparatus

PENERBITAN PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN (SP2HP) ONLINE SEBAGAI UPAYA TRANSPARANSI POLRI DALAM PENYIDIKAN TINDAK PIDANA (STUDI DI POLRESTABES MEDAN) Hendra Eko Triyulianto; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts to issue a Notice of Progress of Investigation Result (SP2HP) to support the Police service in the field of investigation for Professional, Modern and Promoter starting from the ranks of the Central Police to the Region are expected to improve themselves as soon as possible. Implementation of Promoter program should be implemented immediately considering that the Police must provide optimum guidance and service to the community. Especially in the current digital era where information and communication systems are fundamental and important elements. Today people are beginning to feel that the role of Information and Communication Technology has slowly replaced human roles in various aspects of life, various business activities, government, and education began to be replaced with e-business, e-government, and e-education, slowly the role of Information and Communication Technology has brought lifestyle to the digital age. Police-ranks are also required to be able to adapt to the role of information technology, where in this digital era of accountability, effectiveness, and efficiency is absolutely necessary. The main problem in this research is about the lack of public confidence in the performance of Police investigators in conducting criminal investigations reported to him. In Polrestabes Medan, a program / application of SP2HP Online publication has been created which aims to enable the public to easily access all information related to the police report made. However, the application is insufficient, because it is related to the lack of personnel support, inadequate financial support, and the support of facilities and infrastructure that are still self-supporting, plus the use of the application method is still missing and has not been taught to each of the Sector Police below Polrestabes Medan. Keywords : Issuance of Online Progress Result (SP2HP) Notification; Police Transparency Efforts in Crime Investigation; Polrestabes Medan.

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PROSTITUSI ONLINE DI TINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Putusan Nomor 267/Pid.B/2015/PN. Pgp). Khairul Imam; Syafruddin Kalo; Alvi Syahrin; Marlina Marlina
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Prostitution by using electronic means or the internet is currently developing. Prostitution is a problem that not only involves prostitutes, but more than that it is an activity that involves many people such as pimps, brokers, and consumers who most of the perpetrators are men who often escape the attention of law enforcement officers. Judicial problemat can be seen where punishment can only be done to pimps or pimps while prostitute and client can not be penalized, besides law enforcement in case of online prostitution is very difficult because in transactions prostitution online there are up to cross borders cross country (bordeless). The lack of strict rules on the criminalization of online prostitutes has resulted in the difficulty of this online criminal prostitution to be prevented. The issues raised in this study, namely how the regulation of criminal law against perpetrators of online prostitution crime and pimp responsibility in Decision Number 267/Pid.B/2015/PN. Pgp in review of Law Number 11 Year 2008 About Information And Electronic Transactions To find the answer of this problem, this research use normative law research type which is analytical descriptive, where this normative law research use secondary data as main data with munggunakan data collecting technique done by library study (library reseacrh), and data analysis using method analysis of qualitative data. Analysis of this data is intended based on the picture, the facts obtained will be analyzed carefully to answer the problem. Keywords: Criminal Accountability, Crime, Prostitution, Online.

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

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Sumatera utara

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