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Muhammad Ekaputra
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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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
TINDAK PIDANA TERKAIT ASUSILA BERDASARKAN HUKUM PIDANA (KUHP) DI INDONESIA DAN SYARIAT ISLAM DI ACEH (STUDI PENELITIAN DI KOTA BANDA ACEH) Arivai Nazaruddin Sembiring; Mahmud Mulyadi; Muhammad Ekaputra; Rosnidar Sembiring
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Crime related immoral or prostitution Prostitution is a social problem that was and remains in Aceh, prostitution has existed in Aceh which is caused by the economic, sociological, and psychological factors. Although no single regulation which regulates prostitution, from its activity it violates Article 2 of Qanun No. 14/2003 on Khalwat which states that it leads to adultery. Qanun Khalwat states that every action which leads to adultery, such as staying close with someone who is not his muhrim will be punished. On the other hand, the Criminal Code only imposes the sanction on place providers (Article 296) and procuresses (Article 505) while the prostitutes are only given warning and rehabilitated. Qanun No. 14/2003 on Khalwat is only an alternative in punishing the perpetrators in prostitution while conventional law like the Criminal Code only punishes some parts of the perpetrators in prostitution. In Qanun Khalwat, any individual can be punished when he does some action which is categorized as adultery. It is recommended that some elements in Qanun should be included in the Criminal Code in order that any perpetrator in prostitution can be punished. Keywords: Criminal Act in Prostitution, Islamic Sharia, Criminal Code
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
PENERAPAN DIVERSI PADA TINGKAT PENUNTUT UMUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MENURUT UU NO 11 TAHUN 2012 (Studi Kasus di Cabang Kejaksaan Negeri Padangsidimpuan di Sibuhuan) Renhard Harve; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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A child is a nation’s next generation in which since a fetus until it is born it has its own right. As good citizens, we have to take our children, and this globalization era with it transparent information and technology, children will easily watch adult show in printed and electronic media so that their minds are   contaminated with adult presentation such as violence and amoral. This condition has caused a child to be involved in legal problems. The problems of the research were as follows: why a child that is in conflict with legal act should belong to Diversion system, how about the implementation of diversion process in the level of Prosecutors toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan at Sibuhuan, and what obstacles which existed in the implementation of Diversion in the Attorney’s Office of Padangsidimpuan at Sibuhuan. The objective of the research was to analyze why a child who had a conflict with law should be implemented Diversion system, to find out the implementation of law enforcers toward a child who was in conflict with law in the Attorney’s Office of Padangsidimpuan, at Sibuhuan, and to find out the obstacles in implementing Diversion in the level of Attorney’s Office of Padangsidimpuan at Sibuhuan. The research used judicial normative and descriptive analytic approaches. The result of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of Diversion rather than the process of hearing in the Courts. Keywords: Diversion, Children who do Criminal Acts, Law Enforcers  
PELAKSANAAN PENYELIDIKAN DAN PENYIDIKAN KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN (STUDI DI POLRES KOTA MEDAN) Wilson Raja Ganda Tambunan; Muhammad Hamdan; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A crime or criminal act is a social phenomenon that occurs in the society. It develops as the society grows and develops. An example of crime found in society is sexual crime such as lascivious molestation. This crime has a quite high rate in Medan. In the last five years, its rate increased either committed by adults or by juvenile. The problems of the research are what factors cause lascivious molestation and why its rate is getting increased in Medan, what policy has been made by Medan Municipality Police in the investigation and verification of the criminal of lascivious molestation observed from the Law No.2/2002 and Law No.11/2012, and how about the obstructions encountered by Police in their investigation regarding the lascivious molestation in Medan. The results found that the factors causing lascivious molestation are free sex, narcotics, dating, technology, faith, lack of parental supervision, alcoholic influence, and unemployment, while the factors increasing the rate of lascivious molestation in Medan are free sex, environment, and low level of education and economy, law enforcement that has not brought a intimidated effect on the criminals, the lack of efforts made by government, technology abuse, and lack of parental debriefing regarding the ethics in juvenile interactions. The investigation and verification upon juvenile criminal of lascivious molestation by Medan Municipality Police has been performed in accordance with the Law No.2/2002 and the Law No.11/2012. The obstruction encountered by the police in their investigation is the difficulty in finding a witness. The research concludes that there is a need for a better society, consistent law enforcer, particularly police, and that the police make use of evidence pursuant to the Criminal Procedure Code.   Keywords: Investigation, Verification, Juvenile Criminal of Lascivious Molestatiom
PERBANDINGAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG NO. 31 TAHUN 1999 Jo UNDANG-UNDANG No. 20 TAHUN 2001 TERHADAP RANCANGAN UNDANG-UNDANG KUHP TENTANG TINDAK PIDANA KORUPSI Phio Tuah Reysario Sinaga; Mahmud Mulyadi; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Corruption is always seen as a contagious disease and can proliferate in a particular network, does not stop at a single network, but rather to move from one network to another until completely destroyed tissue. Corruption is a crime which is seen as a high level of crime, not only because this crime is done through technical and systematic effort but the implications arising from this crime and undermine the entire system perarel affected by the corruption virus. Corrupt practices are often interpreted as positive, when this behavior becomes an effective tool to penetrate the public administration, and political channels were very closed. Corruption is also an effective tool to ease the tension between the bureaucrat and politically, because both are involved together in achieving compliance with their own personal interests. Whatever the reason, corruption tends to create economic inefficiencies and waste sector as it has a direct impact on the allocation of funds, production, and consumption funds. Corruption direct or will not affect the level of quality of goods and services Keywords: corruption, crime, extraordinary crime
KAJIAN EUTHANASIA PASIF DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Judika Atma Togi Manik; Mahmud Mulyadi; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Euthanasia is a debate among lawyers, medical experts and theologians in which euthanasia is an act of facilitating the death of a person deliberately without feeling the pain of affection with the aim of alleviating the suffering of the sick, until now there has been no clarity about the punishment that really exist In the criminal law in Indonesia but there are articles that can be used as guidance in determining the law for passive euthanasia actors namely articles 304, 306, 338, 344 and 359 of the Criminal Code and the practice of passive euthanasia is very contrary to human rights in Indonesia for violating the right of life Patients who want to get a cure from the disease even though the disease is medically can not be cured. Based on the results of this study it can be concluded that passive euthanasia in criminal law in Indonesia can be categorized as crime under article 304, 306, 338, 344, and 359 of the Criminal Code. Who can be sentenced to 7 years and 12 years the longest. Although in it does not directly refer to passive euthanasia, but at least that article can be used as a reference or guidance on the enactment of criminal sanctions for passive euthanasia actors.   Key words : Euthanasia, Criminal Law
PERTANGGUNGJAWABAN PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act.  Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility.   Keywords: Criminal Liability, Association, Human Trafficking
PERTANGGUNGJAWABAN PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG ( STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act.  Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility.   Keywords: Criminal Liability, Association, Human Trafficking
HUKUMAN KEBIRI KIMIA (CHEMICAL CASTRATION) UNTUK PELAKU KEKERASAN SEKSUAL PADA ANAK DITINJAU DARI KEBIJAKAN HUKUM PIDANA Kristina Sitanggang; Madiasa Ablisar; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Case of child abuse that committed by the nearest people with the children is a concerned condition. The environment and people around the children should teach, protect, educate and direct them to grow up and develop into a good child. In fact, the immediate environment like parents or family and teacher even become the parties who damage the mental and future of the children throught the unlaws act. This case is a form of human rights violation. It is not only to seize the unsurpation of security and protection but a victim also lose the right to live a physical and spiritual life, the rights to be free from torture or degrading treatment of human dignity and even loss their rights to life. Based on this case, the government conducted a criminal law policy through the provisions of the formulation of issuing government regulation in lieu of Law number 1 of 2016 which was then  agreed by the legislative into the Law number 17 of 2016 which regulates the act of chemical castration for pedophile. Chemical castration is done by inserting antiandrogen chemicals, pills or injections into a person's body to weaken the hormone testosterone. Simply, the chemicals that are inserted into the body will reduce even eliminate libido or sexual desire. Chemical castration actions regulated in the provisions of law number 17 of 2016 is a form of punishment that is not in accordance with the criminal law policy in Indonesia, which criminal law policy in Indonesia is based on the provisions of Pancasila and the 1945 constitution. Chemical castration actions formulated in Article 81 paragraph (7)  can be said is not in accordance with the values of Pancasila especially the first principle, a divinity that is an ultimate unity and the second principle, a just and civilized humanity Keyword : Punishment, Chemical Castration, Criminal Policy
Co-Authors Aldi Pramana Alvi Syahrin Anggreini, Rini Ariq Ablisar Arivai Nazaruddin Sembiring Binsar Parulian Sitanggang Bismar Nasution Boy Amali BUDIMAN GINTING Chairul Bariah Dita Kartika Sari Hasibuan Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Yunara Elfirda Ade Putri Esron Silaban Fahmi Tanjung Fhytta Imelda Sipayung Fifi Febiola Damanik Fitria Ramadhani Siregar Fitriani Fitriani Frendra AH AH Gabriellah Angelia Gultom Hasballah Thaib Herri Gunawan Sipayung Hiras Afandy Silaban Irma Hayati Nasution Jelly Leviza Johannes Pasaribu Judika Atma Togi Manik Juna Karo-Karo Kesita Eva Lestina Lumban Tobing Kristina Sitanggang Liantha Adam Nasution Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marlina, Marlina Marthin Fransisco Manihuruk Mirza Nasution Muhammad Firdaus Muhammad Hamdan Muhammad Ilham Muhammad Iqbal Rozi Muhammad Isnayanda Muhammad Ryan Rainaldi Mulya Hakim Solichin Nanin Aprilia Fitriani Phio Tuah Reysario Sinaga Pola Martua Siregar Radian Putra Rendra Alfonso Sitorus Renhard Harve Rosnidar Sembiring Suhaidi Suhaidi Sunarmi, Sunarmi Suplinta Ginting Sutiarnoto Sutiarnoto Syafruddin Kalo Teddy Lazuardi Syahputra Teuku Fathir Mustafa Wilson Raja Ganda Tambunan Yosua T.R. Panjaitan Yoyok Adi Syahputra Zai, Aca Surya Putra