Nommensen Law Review https://ejournal.uhn.ac.id/index.php/law_review en-US Tue, 31 May 2022 00:00:00 +0000 OJS 3.2.0.2 http://blogs.law.harvard.edu/tech/rss 60 PERANAN KEJAKSAAN DALAM UPAYA MELAKUKAN PENGELOLAAN HASIL EKSEKUSI BARANG BUKTI TINDAK PIDANA KORUPSI (STUDI DI KEJAKSAAN NEGERI BINJAI) https://ejournal.uhn.ac.id/index.php/law_review/article/view/593 <p><em>The Prosecutor's Office is the only state institution which is a government apparatus authorized to </em><em>delegate criminal cases, prosecute perpetrators of criminal acts in court and carry out decisions and </em><em>decisions of criminal judges other. In carrying out the judge's decision, the prosecutor has the&nbsp; </em><em>authority to execute the evidence by destroying it or seizing it for the benefit of the state or returning </em><em>the evidence to its rightful owner in accordance with a decision that has been determined by the panel </em><em>of judges. In terms of confiscation of evidence for the benefit of the state, the Indonesian Prosecutor's </em><em>Office also plays a role in managing the evidence. The Prosecutor's Office implements several methods </em><em>or mechanisms in the management of the evidence, which in practice are very important and crucial, </em><em>especially in the utilization and income of the state treasury. Based on the results of the study, it was </em><em>found that related to the management of evidence obtained by investigators, it could not be managed </em><em>by the prosecutor's office immediately but had a process to finally be confiscated for the state and </em><em>managed by the prosecutor's office. These processes are important to the internal bureaucracy of the </em><em>Prosecutor's Office as well as the transparency and efficiency of the work carried out by the Attorney </em><em>General's Office.</em></p> Yohana Eirene Aprilita Aritonang, July Esther, Herlina Manullang Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/593 Tue, 31 May 2022 00:00:00 +0000 PERBEDAAN DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP ANGGOTA TNI PELAKU HUBUNGAN SEKSUAL SESAMA JENIS/HOMOSEKSUAL (Studi Putusan Nomor 115-K/PM.I-02/AD/III/2020 Jo Putusan Nomor 96-K/MIL/2020) https://ejournal.uhn.ac.id/index.php/law_review/article/view/594 <p><em>An action of Indonesian National Army (TNI) members who have the same- sex sexual (to commit&nbsp; homosexual relation act) will be somebody that damages the image of Indonesian National Army&nbsp; Forces. Also it can affect the other soldiers in the army platoon itself. That action against the norms,&nbsp; official reguation, religion teaching and decency. So the perperator is no longer considered to hold </em><em>eligibility for be set in carrying out in function as Indonesian National Army member. Why for that </em><em>action has been against provision in article, Chapter 103 verse (1) one KUHPM (Indonesian Military </em><em>Law). The legal research method we use below is normative juridicial. By the research result which </em><em>conducted in Military Court Decicion Study I-02 in Medan, Number 115-K/PM-102/AD/III/2020 </em><em>which mention that defendant is not proven legally to commit a criminal act, The first : Disobidience </em><em>for accidental, or The Second : Intentionally and blantantly to commit a voilate decency. To acquit the </em><em>accused over all charges of Military prosecutors, then ordered that defendant should be returned to the </em><em>officer submitting the law case. For nex, in order to resolved according to The Indonesian National </em><em>Armed Forces/ TNI soldier’s Disiplinary Law. If we have paying atention of above decicion we may </em><em>find a difference when we compare with The Indonesian Supreme Court Decicion Number 96K/MIL/2020 </em><em>that </em><em>states&nbsp; </em><em>against </em><em>the </em><em>same </em><em>defendant, </em><em>who </em><em>proven </em><em>legally </em><em>and&nbsp; </em><em>convincingly, </em><em>that </em><em>he </em><em>is </em><em>guilty, </em><em>to </em><em>commit </em><em>a </em><em>crimilal </em><em>act, </em><em>“Disobeying </em><em>Official </em><em>Orderintentionally”, </em><em>So </em><em>Indonesian </em><em>Supremme </em><em>Court </em><em>to </em><em>punish </em><em>the </em><em>accused </em><em>criminally,</em><br><em>with </em><em>main </em><em>criminal </em><em>penalties, </em><em>that </em><em>he </em><em>was </em><em>dicharged </em><em>from </em><em>military </em><em>service </em><em>of </em><em>Indonesia </em><em>National </em><em>Army </em><em>(TNI </em><em>AD). </em><em>The </em><em>ongoing </em><em>difference </em><em>between </em><em>those </em><em>two </em><em>Judge’s </em><em>Decicionabove </em><em>is, </em><em>because </em><em>there </em><em>has </em><em>never </em><em>been </em><em>a related </em><em>of </em><em>Law </em><em>article </em><em>over </em><em>the </em><em>same-sex </em><em>sexual/ </em><em>Homosexual</em><br><em>intercourse </em><em>which </em><em>be </em><em>done </em><em>by </em><em>them </em><em>who </em><em>are already </em><em>both </em><em>adult. </em><em>There </em><em>is </em><em>a </em><em>prohibition </em><em>on </em><em>same-sex </em><em>sexual </em><em>relation </em><em>in </em><em>Indonesian </em><em>Natioanal </em><em>Armed </em><em>Forces </em><em>(TNI) </em><em>Community </em><em>environment. </em><em>That </em><em>prohibitionis </em><em>an </em><em>Army </em><em>Chief </em><em>of </em><em>Satff’s </em><em>Telegram </em><em>Letter, </em><em>Number </em><em>1313/2009 </em><em>August </em><em>4th </em><em>2009, </em><em>Even </em><em>tough </em><em>there </em><em>is </em><em>no </em><em>threat </em><em>of </em><em>criminal </em><em>punishment </em><em>in </em><em>the </em><em>same </em><em>letter </em><em>itself, </em><em>included no sanctionfor the Indonesian National Army member who violated that ordered at the letter </em><em>contents. The ongoing of differences regarding the consideration Judge’s basic at the Military Court in </em><em>Medan Military Court I-02, if it compared to Spereme Court View regarding the Army Chief of </em><em>Staff’s (KASAD) Telegram Number 1313/2004 August 4th 2009, as the form of official letter to </em><em>defendant in connection with Law Article 103 vese (1) one KUHPM (Military Criminal Code Book of </em><em>Indonesia) is the cause to make those differnce be occurs, in term of making decicion. The Republic </em><em>Indonesia Law Number 48 on the Year 2009 about Judicial Power is guarantees those every Judge’s is </em><em>free and independent in executing any decicion with no intervention from any party.</em></p> Gaya Arda Situmorang, Lesson Sihotang, Herlina Manullang Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/594 Tue, 31 May 2022 00:00:00 +0000 PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN YANG MENGALAMI KEKERASAN DARI SESAMA ANAK (Studi Putusan No.14/Pid.Sus.Anak/2021/PN.Mdn) https://ejournal.uhn.ac.id/index.php/law_review/article/view/595 <p><em>To learn legal protection against child abuse. In a legal perspective, criminal crimes committed against</em><em>children are extremely dangerous and physically and psychologically impaired children. The&nbsp; </em><em>government has not given new regulations governing the protection of law against victims of child </em><em>abuse. In the juvenile penal system law (SPPA), and in the child-protection act is only actionable.The </em><em>method used in the study is the library research method, which involves collecting data from books, </em><em>law regulations, and which correspond to the title of the study. The method also used in the study was </em><em>normative-juridical methods, using a qualitative approach using data collection. The results of </em><em>Research conducted in Decision No. 14/ PID.SUS.Son /2021/ PN.MDN with his identity asa victim </em><em>of abuse from a fellow child under 18 (eighteen). It may be concluded that every child who has been a </em><em>victim is entitled to protection of rights and to the realization of a justice both for the child and for the </em><em>child molester.</em></p> Sartika Domuria Silalahi Sinabutar , Herlina Manullang, July Esther Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/595 Tue, 31 May 2022 00:00:00 +0000 UPAYA PENANGGULANGAN TINDAK PIDANA PENCURIAN HASIL PERKEBUNAN DI WILAYAH PTPN III (PERSERO) PADA MASA COVID-19 https://ejournal.uhn.ac.id/index.php/law_review/article/view/596 <p><em>During the 2019 coronavirus disease era, it has affected all aspects of life. If from the perspective of the </em><em>existing phenomena, the public sees the area as not only in health insecurity but also in influencing </em><em>social insecurity conditions and especially economic vulnerability due to the 2019 coronavirus disease </em><em>pandemic. This specifically affects the plantation owned by PT Perkebunan Nusantara III (Persero).&nbsp; </em><em>This research uses empirical juridical research. Based on the results of the research conducted, it was </em><em>found that the occurrence of the crime of theft at PT Perkebunan Nusantara III (Persero) contained </em><em>several factors, namely First, Internal factors, which consisted of: (a) Educational factors; (b) </em><em>Individual Factors. And Second, external factors, which consist of: (a) Economic Factors; (b) </em><em>Environmental Factors; (c) Global Development Factors; (d) Law Enforcement Factors. In carrying </em><em>out crime prevention efforts to minimize the crime of theft carried out by PT Perkebunan Nusantara </em><em>III (Persero) related to the policy, namely First, Repressive Efforts (penal) carried out by way of the </em><em>theft crime case to law enforcement. Second, Prevention Efforts (non-penal) are carried out in the </em><em>following ways: (a) Social and Environmental Performance; (b) Community Empowerment; (c)&nbsp; </em><em>Adding Security Personnel from External Forces namely TNI/Polri; (d) Counseling and Approaches&nbsp; </em><em>to the Community Conducting the PT Perkebunan Nusantara III (Persero) Security Unit.</em></p> Fernando Sinaga, Herlina Manullang, July Esther Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/596 Tue, 31 May 2022 00:00:00 +0000 STRATEGI PEMBUKTIAN YANG DILAKUKAN OLEH PENUNTUT UMUM DALAM MENGUNGKAPKAN TELAH TERJADINYA TINDAK PIDANA KORUPSI (Studi Di Kejaksaan Negeri Subulussalam) https://ejournal.uhn.ac.id/index.php/law_review/article/view/597 <p><em>Evidence as an effort to disclose and enforce the law on a case or suspicion of a criminal occurance of&nbsp; </em><em>corruption is not something simple and easy. The success of the prosecution cannot be separated from </em><em>the quality of the results of the investigation. The problems in this research are what is the evidence </em><em>strategy performed by the Public Prosecutor that reveals happened criminal occurrence of corruption </em><em>(Research at the Subulussalam District Attorney) and any obstacles faced by the Public Prosecutor </em><em>reveals happened criminal occurrence of corruption (Research at the Subulussalam District Attorney). </em><em>This research is the type of empirical juridical research with law approach, conceptual approach and </em><em>case approach to collect the primary data by conducting interviews with The Prosecutor as The Public </em><em>Prosecutor who plays a role in proving that there has been a criminal act of corruption in the&nbsp; </em><em>Subulussalam District Attorney as well as other secondary data. Based on the results of the research&nbsp; </em><em>conducted, found that efforts to prove were not only based on what was contained in the Criminal Procedure Code, but required improvisation by the Public Prosecutor. A strong prosecution based on a </em><em>good investigation. Therefore, starting from the existence of reports of criminal acts of corruption, </em><em>investigations, prosecutions to legal remedies must be carried out carefully, innovatively, out of the </em><em>box and synergize between parties. Then the obstacles experienced by the Public Prosecutor are that it </em><em>takes a long time for The Audit Board of the Republic of Indonesia (Badan Pemeriksa Keuangan </em><em>Republik Indonesia) to declare state losses and the limited location of the Corruption Court has </em><em>resulted in inefficient time and energy.</em></p> Mentari Primaria Br Tarigan, July Esther, Jinner Sidauruk Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/597 Tue, 31 May 2022 00:00:00 +0000 KEDUDUKAN HASIL AUTOPSI SEBAGAI ALAT BUKTI PADA PERKARA TINDAK PIDANA PEMBUNUHAN (Studi Di Kepolisian Ressor Pematang Siantar) https://ejournal.uhn.ac.id/index.php/law_review/article/view/598 <p><em>At the stage of the investigation into the crime of homicide, an evidence process is needed to determine&nbsp; </em><em>whether the perpetrator of the crime was right or not to commit the crime that occurred. One of the </em><em>steps taken to find evidence in a homicide case is an autopsy conducted by a forensic doctor. The </em><em>problem in this study is how the position of the autopsy results as evidence in the case of the crime of </em><em>murder (study at the Pematang Siantar Police Resort). This study uses a Juridical Empirical Research&nbsp; </em><em>method using a Conceptual Approach Method to collect primary data by conducting interviews with </em><em>the Pematang Siantar Resort Police who act as investigators in the process of proving the crime of </em><em>murder in the jurisdiction of the Pematang Siantar Resort Police and also using secondary data. Based </em><em>on the research conducted, the results obtained that the position of the autopsy results for the purpose </em><em>of proving the crime of murder is classified as valid documentary evidence. Then the obstacle faced by </em><em>investigators in taking autopsy results as documentary evidence is that sometimes there are families </em><em>who do not agree to autopsies on victims.</em></p> Mega Tiurmaida Simanullang, Herlina Manullang, July Esther Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/598 Tue, 31 May 2022 00:00:00 +0000 PELAKSANAAN PERSIDANGAN PIDANA SECARA ELEKTRONIK (ONLINE) DILIHAT DARI HUKUM ACARA PIDANA (STUDI DI PENGADILAN NEGERI MEDAN) https://ejournal.uhn.ac.id/index.php/law_review/article/view/599 <p><em>Courts as law enforcement agencies are part of the criminal justice system as a place to seek justice for&nbsp; </em><em>justice seekers with the desire that justice be carried out in a simple manner. For the sake of </em><em>implementing social distancing, it is not possible for the Court Institution to hold a trial according to </em><em>pre-arranged standards, because it can cause crowds of people, which causes the risk of spreading the </em><em>Covid-19 virus to be higher. This has caused court institutions to have to rely on technology to </em><em>support the continuity of legal services to justice seekers and that's when electronic (online) justice </em><em>began to be carried out again, not only in the witness examination agenda but in almost the entire </em><em>trial process. The problem is to find out how to conduct criminal trials electronically (online) when </em><em>connected to the Criminal Procedure Code (Studies at the Medan District Court) and to find out what </em><em>factors are faced by the Court in carrying out criminal trials electronically (online). (Study at the&nbsp; </em><em>Medan District Court). This research uses the legal approach method by analyzing the problems in the&nbsp; </em><em>field and a conceptual approach. Based on the results of the research conducted, it was found that the</em></p> Hepling Hutabarat, Herlina Manullang, July Esther Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/599 Tue, 31 May 2022 00:00:00 +0000 PERTANGGUNGJAWABAN KORPORASI PT ATAS PERBUATAN MELANGGAR KETENTUAN DUMPING LIMBAH/BAHAN KEMEDIA LINGKUNGAN HIDUP TANPA IZIN YANG DILAKUKAN OLEH, UNTUK DAN ATAS NAMA BADAN USAHA (STUDI PUTUSAN NO. 333/Pid.B/LH/2021/PN Bdg) https://ejournal.uhn.ac.id/index.php/law_review/article/view/600 <p><em>Environmental crimes are acts of pollution, environmental destruction and other acts that violate the </em><em>provisions of the applicable laws, which cause a decrease in quality and direct or indirect changes to </em><em>the physical and/or biological environment. The problem in this research is how is the responsibility of </em><em>a corporation in the form of a limited liability company as a perpetrator of environmental crimes </em><em>(Study Decision No. 333/Pid, B/LH/2021/PN Bdg) and how is the application of punishment to </em><em>corporations in the form of a limited liability company as perpetrators of crimes environmental crime&nbsp; </em><em>(Study of Decision No. 333/Pid,B/LH/2021/PN Bdg). The legal research method used is a normative&nbsp; </em><em>juridical method, namely the analysis carried out to collect data by means of a literature study. This research, using primary legal materials, namely Decision No. 333/Pid,B/LH/2021/PN Bdg by using </em><em>Law Number 32 of 2009. The secondary legal materials are books, literature, legal journals, expert </em><em>opinions, and research results relevant to the problem. Based on the results of research conducted on </em><em>Decision No. 333/Pid.B/LH/2021/PN.Bdg, it can be concluded that the responsibility is borne by the </em><em>corporation itself, represented by Tan Djioe Han Als Djohan as director of PT. Grand Pioneer </em><em>Industry. The defendant was found guilty by the panel of judges. Furthermore, the defendant was </em><em>proven legally and convincingly to have violated the fourth alternative indictment which had fulfilled</em><br><em>the formal and material requirements, namely Article 104 in conjunction with Article 116 paragraph </em><em>(1) of Law Number 32 of 2009. The defendant was sentenced to a fine of Rp. Rp. 75,000,000,- (seventy </em><em>five million rupiah), as well as additional criminal or disciplinary action in the form of obligation to </em><em>repair the consequences of a criminal act.</em></p> Serius Zai, July Esther, Lesson Sihotang Copyright (c) 2022 NOMMENSEN LAW REVIEW https://ejournal.uhn.ac.id/index.php/law_review/article/view/600 Tue, 31 May 2022 00:00:00 +0000