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All Journal USU LAW JOURNAL Jurnal Dinamika Hukum Rechtsidee Badamai Law Journal USU Journal of Legal Studies Abdimas Talenta : Jurnal Pengabdian Kepada Masyarakat Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Hukum Samudra Keadilan JOURNAL OF SCIENCE AND SOCIAL RESEARCH Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum Kosmik Hukum Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Transparansi Hukum MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial Madani Legal Review Jurnal Darma Agung Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review Zaaken: Journal of Civil and Business Law Mendapo: Journal of Administrative Law Buletin Konstitusi Law_Jurnal Jurnal Ilmiah Wahana Pendidikan JHCLS Journal Equity of Law and Governance Arus Jurnal Sosial dan Humaniora Case Law Fiat Iustitia: Jurnal Hukum Locus Journal of Academic Literature Review Journal of Innovation Research and Knowledge Fiat Iustitia : Jurnal Hukum Jurnal El-Thawalib Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Dinamika Hukum Dan Masyarakat JURNAL RETENTUM Mahadi : Indonesia Journal of Law Indonesian Journal of Law and Justice Journal of Law & Policy Review Jurnal Pengabdian Masyarakat dan Riset Pendidikan Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Journal of Innovative and Creativity Realism: Law Review ULJLS Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Jurnal El-Thawalib
Agusmidah Agusmidah
Fakultas Hukum Universitas Sumatera Utara
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Journal : USU LAW JOURNAL

 1 
PELAKSANAAN FUNGSI PENGAWASAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP KINERJA EKSEKUTIF DI KOTA MEDAN Jhonny Nadeak; Pendastaren Tarigan; Faisal Akbar Nasution; Agusmidah Agusmidah
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTLocal government system as the consequence of the democratric country that adheres to the deconcentration, decentralization and local autonomy principles goves the right to the local governments to significantly take care of their own domestic affairs as optimal as possible. The supervisory function of the members of regional legislative council was comprehensively regulated, but it was only limited to checks and balance without law enforcement authority. The implementation of the supervisory function of the members of regional legislative council against the peformance of the City Government of Medan in 2011 has not owned the ideal controlling system yet. The actions taken by the members of regional legislative council were merely in the forms of recommendation, criticism, suggestion and continuous monitoring.Keywords: upervision, Regional Legislative Council, Performance, City Government of Medan, Local Autonomy
ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL ATAS PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (PHK) DENGAN ALASAN MENGUNDURKAN DIRI (Studi Kasus Putusan Mahkamah Agung Nomor : 37 K/Pdt.Sus/2013) Ardiantha Putera Sembiring; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Arrangements Termination of Employment by reason of resigned of their own accord have been set in Article 162 of Law Number 13 of  2003 on labor, where in one of the verses that paragraph (3) sets the terms of PHK by reason of resignation in a way apply for resignation by  workers/labourers in writing no later than 30 days before the start date of resignation. Against the ruling of the PHI Number: 60/G/2012/PHI.Mdn stating PHK of the plaintiffs are characterized as Termination of Employment since the resignation of their own accord are contrary to Article 162 of Law Number. 13 of 2003 on Labor. Therefore, the decision of the Supreme Court the case Number. 37K/PDT.SUS/2013 quashed the verdict of the Court at the level of industrial relations and stated the Tribunal Judges of PHI had been wrong to apply the law and not paying close attention to disconnect the evidences in the matter, is in compliance with the provisions of applicable law. Keywords : Termination of Employment by reason of resignation, the ruling of PHI, workers/labourers.
ANALISIS YURIDIS PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN DAN HUKUM PERJANJIAN Apri Amalia; Budiman Ginting; Agusmidah Agusmidah; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The labor agreement clause in PKWT in the form of a clause against the period of time the work done based on the type and nature of work, as well as a period in extension and renewal. The termination of the working relationship in the clause set in article 61 of ACT No. 13 of 2003 on Labor. Clause to rights and obligations is the trade off between the workers and employers. The main thing in the rights and obligations i.e. workers are entitled to a wage and employers shall be obliged to pay the wages, worker safety and health are entitled to work and employers are obligated to give it as well employers are entitled a good production results from the work of the workers. In the legal position of workers in article 59 paragraph (7) of the ACT. No.13 of 2003 on Labor  that  PKWT  implementation does not comply with legislation then turn into PKWTT and affirmed in Kepmenaker No. 100/MEN/VI/2004 in article 15. As for the protection of workers, namely the protection of the right to healthcare, protection of right to health care, protection of rights of security/safety and the right end of the working relationship in the form of severance money, money reimbursement rights and money Awards working period. Keywords: worker/labour, working time agreements, employment law, the law of treaties.
LEMBAGA KERJASAMA (LKS) BIPARTIT PERUSAHAAN DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KABUPATEN DELI SERDANG Rika Jamin Marbun; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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abstract Employer, employee/labor and government always take efforts to build an harmonious industrial relationship in any companies in order to achieve the high productivity and labor prosperous.  The harmonious industrial relationship will minimize any conflict in industrial relationship such as the employer and employee. One of efforts to prevent the dispute in industrial relationship  between employer and employee  is by establishment of forum of communication, consultation and mutual deliberation between the employer and representative of labor union in the company level as determined in the Act No. 13 of 2003 concerning to the labor affairs on article 106 that known as Bi party Mutual Cooperation Agent. The problem would analyzed in this thesis is how the existence of bi party mutual cooperation agency in regency of Deli Serdang, what the role and its function in the settlement of the dispute of industrial relationship and what the sanction  and the implementation of the sanction to the company that did not establish the bi party mutual cooperation agent. The applied method in this research is analytic descriptive with judicial normative study. The data from Labor and Transmigration office of Deli Serdang Regency in 2012 indicates that the number of dispute cases in industrial relationship were 84 cases and can be settled by bi party for 47.61%. in 2013, the number of case were 108 case and can be settled for 50.92%. in 2014, the number of industrial relation disputes were 134 cases and can be settled for 58.9%. Based on the number of cases as shown by the data of Labor and Transmigration office of Deli Serdang Regency,  bi party mutual cooperation agent (LKS) is required to prevent the dispute in industrial relation. The existence of this agent in the company will minimize the dispute in industrial relation between employer and employee if there is any dispute in industrial relationship that can be settled by by party. The government,  the minister of labor affairs is hope to issue the implementation rule of the administrative sanction so the labor and transmigration office will punish the company that have not bi party mutual cooperation agency (LKS). Keywords : Bi party Mutual Cooperation Agent and Industrial Relationship Dispute.
JAMINAN PERLINDUNGAN HUKUM TERHADAP PEKERJA/BURUH YANG MELAKSANAKAN HAK MOGOK DI INDONESIA Chairina Nopiyanti Sipahutar; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A strike is the basic right for employees/laborers which has to be protected by law. It has to be performed legally, orderly, and peacefully. The problems of the research were whether there was the relevance of a permit to go on strike to the implementation of the strike as the basic right of employees/laborers, whether law on Workforce provided legal protection for employees/laborers that went on strike, and whether there was legal constraint faced by them in going on strike. The research used judicial normative method by using primary, secondary, and tertiary legal materials. The data were gathered by conducting library research and analyzed qualitatively. Law on Workforce regulates legal strike in which, in its implementation, it is limited by complicated permit requirements and procedures for employees/laborers in going on legal strike. These complicated requirements and procedures become legal constraints for employees/laborers in struggling for their aspiration. However, Law on Workforce has many loopholes in the regulations on strike. Legal protection and the prohibition for the termination of employment and wages which should be paid during the strike are intended for those who go on strike legally. However, legal protection is only given to employees/laborers as far as they are on strike legally which is almost impossible to be done.  Based on the result of the research, it is recommended that law makers improve and complete the substance of the legal provisions which still have many loopholes. Besides that, in the future, the implementation of strike should prioritize the substance of the strike which is the basic right for employees/laborers to express their petition rather than fulfill formal requirements and the procedure of permit in carrying out strike.   Keywords: Legal Protection, Right to Go on Strike, Strike Permit.
PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
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
ANALISIS PEMBERIAN HAK-HAK NORMATIF TERHADAP TENAGA KERJA ALIH DAYA SEBAGAI TENAGA KERJA PENUNJANG KEGIATAN OPERASIONAL OLEH PT. BANK SUMUT (STUDI DI PT. BANK SUMUT) Rizki Alisyahbana; Suhaidi Suhaidi; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this study, the study was conducted at PT. The Bank of North Sumatra is linked with the planned appointment of thousands of TKAD’s to non permanent Non-Career Employees, resulting in 90 (Nineteen) TKAD’s not applying to new outsourcing companies considered to have resigned. As a result of the resignation, the TKAD is in accordance with the provisions in force at PT. Bank of North Sumatra and Cooperation Agreement on Manpower Services Delivery No. 01 / DKU-RT / SPj / 2014 dated January 28, 2014 between PT. Bank of North Sumatra with PT. Purna Karya Sejahtera was awarded "severance pay". However, the provision of severance and separation money is calculated as much as 65% of the Pension Plan (JHT) money from the Employment BPJS Program d/h Jamsostek, so the TKAD is not accepted and there are 9 (Nine) TKAD PT. Bank Sumut filed a Industrial Relations Dispute Lawsuit to the Industrial Relations Court at the Medan District Court demanding the payment of severance pay, gratuity and separation money from PT. Bank Sumut and PT. Purna Karya Sejahtera. Keywords : Outsourcing Labor; Severence Pay; and PT. Bank Sumut.
Penerapan Sanksi Pidana Adat Terhadap Pelaku Zina Di Wilayah Kabupaten Padang Lawas Utara Rahmat Syaputra; Madiasa Ablisar; Agusmidah Agusmidah; Marlina Marlina
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the principle of legality in national criminal law, namely customary criminal law still remains to reveal its figure and existence as a law that lives in society (the living law). The rules of customary criminal law in some areas are still followed and adhered to by their indigenous peoples. Violation of the rules of customary criminal law is still seen as something that can cause shock and disturb the cosmic balance of the community, for the offender will be given customary reaction in the form of customary sanctions by the community.The purpose of this study is to examine and analyze legally how to regulate customary crimes for adulterers in North Padang Lawas Regency; to know and analyze legally the application of customary criminal sanctions against perpetrators of adultery in the North Padang Lawas Regency; To examine the authority of adat leaders in completing zina criminal acts in the North Padang Lawas Regency. This type of research is empirical legal research with data collection techniques for interviews with traditional leaders and elders in North Padang Lawas district.Customary criminal law regulation in North Padang Lawas Regency against customary sanctions against zina criminal acts in North Padang Lawas district is a social act committed by a person or group of men between men and women outside of marital ties that violate moral norms, then the act is deemed as an act of adultery according to customary law in North Padang Lawas Regency. Associations that violate the norms of normalization referred to in customary law in North Padang Lawas Regency are social norms for men and women that have been implied in customary law. in the form of Sappal Dila, a type of punishment that requires the perpetrator to cut a goat or buffalo / ox by inviting a person to eat a village to make an apology. The application of customary criminal sanctions against the perpetrators of adultery in North Padang Lawas Regency was imposed by the customary chief, Raja Panusunan Bulung and Raja Pamusuk after holding a traditional meeting attended by Mr. Namalim (religious figure), Datu (health physician), Pangatak-pangetong / rokkaya (the host as well as the clerk), Panyujukon burangir (carrier of betel leaf), Halak na di Huta (community in the village) as well as witnesses who have been prepared;Authority of customary leaders in completing criminal acts of adultery in North Padang Lawas Regency, namely based on the provisions of Article 5 paragraph (3) of Law Number 1 of 1951 concerning Temporary Measures to Organize Unity in the Structure of Civil Judiciary and Procedure is the basis of the authority of the elders adat in addressing customary crimes against perpetrators of the zone in North Padang Lawas Regency.   Keywords: indigenous criminal sanctions, criminal acts, adultery
Aspek Hukum Perjanjian Kerja Dengan Kontrak Baku Antara Perusahaan Dengan Pekerja Dalam Perusahaan Satu grup : Analisis Putusan Pengadilan Negeri Medan No.132/Pdt.Sus-PHI/2016/PN.Mdn Franz Mika Widardo Harahap; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In group company, there is often a transfer of work agreements to employees from one company to another in a group of companies. Where the transfer of work agreements is made in a work agreement with a standard contract. The legal vacuum that regulates group companies opens a legal loophole that can harm other parties in general and specialy the workers who transfered to another company  within the group's companies. This certainly can eliminate the rights of employee in particular the reduction in working period because they transfered to a  different company.. This study was used to analyze the Decision of the Medan District Court No.132 / Pdt.Sus-PHI / 2016 / PN.Mdn, dated November 16, 2016 with literature support, and elaborating legislation.Legal protection has been given by the panel of judges who handle cases to employee who had the termination of employment. By declaring null and void the work agreement of a certain time of the employee and automatically making the status of permanent for employees. The panel of judges also canceled the employee's resignation letter because it was proven not because of the will of the employee but because of coercion from the company and it was proven that the employee had worked for 3 (three) years and 3 (three) months worked continuously in the same company, it was termination of employment relationship and has the right to receive severance pay and length of service awards.   Keywords: work agreements, standard contracts and group companies
Co-Authors Abdi, Muhammad Parrij Abdulrahman Sama-alee Ade Rahmawati Siregar Ade Rahmawati Siregar Affila Ahmad Erizal Aisyah Mehulina Siregar, Nur Akbar, Ahmad khairi Aloysius Uwiyono Alpani Pane, Farhan Alvi Syahrin Alya Afifa, Mutiara Amel, Amelia Natasya Saragih Amsali Syahputa Sembiring Anak Agung Istri Sri Wiadnyani Andre Syahputra Tarigan Apri Amalia Ardiantha Putera Sembiring Arie Nurwanto Arifiyanto, Joiverdia Asela Asteria Ginting Bahriansyah Putra Lubis BUDIMAN GINTING Budiman Ginting Calvin Chairina Nopiyanti Sipahutar Dedi Harianto Dedi Haryanto Desti Lediana Dumaria Nainggolan Edi Yunara Edy Ikhsan Fadiel Sastranegara Fadillah, Arif Rahman Fahrizal S.Siagian Faisal Akbar Nasution Faisal Akbar Nasution Fauzi Iswahyudi, Fauzi Firdaus Nduru Fithriatus Shalihah Fitraeva Pane, Yos Fitri, Deswita Fransiska Harahap Gea, Muhammad Yasin Ali Gelora Butarbutar Ginting, Nesa Trysani Br Harahap, Thareq Akbar Mukarram Risyad Harianto , Dedi Hasan Basri HASIM PURBA Hutagalung, Cholid Ibrahim Ibrahim Idha Aprilyana Sembiring Ika Oktaviani Oktaviani Indah Chairani Saragih Indah Fitria Irfan Santoso Iswan Kaputra Jelita R.T Banjarnahor Jelly Leviza Jhonny Nadeak Johannes Mangapul Turnip Joiverdia Arifiyanto Joshua Hamonangan Rafael Siahaan Jusmadi Sikumbang Kartika Kartika Kartiwa, Reza Rizaldy Khair, Muhammad Haikal Khakim, Abdul Lingga, Juan Rana Hizkia Madiasa Ablisar Madiasa Ablisar Mahmud Haidir Harahap Mahmud Mulyadi MAHMUL SIREGAR Marbun, Rika Jamin Maria Fitriani Lubis Marlina, Marlina Martono Anggusti Maulana Al-Chairi Nasution, Fachri Maulida, Arum Anggraeni Mauliza Mauliza Melva Theresia Simamora Mirza Nasution Mohammad Eka Putra Mulfiya, Mulfiya Mulhadi Naiborhu, Liana K.T Nainggolan, Dumaria Ndruru, Donius Nindya Irma NINGRUM NATASYA SIRAIT OK. Saidin Pendastaren Tarigan Pendastaren Tarigan Porizky Bernandus Handara Sagal Pranade Mas Putra, Mohammad Eka Putri Rumondang Siagian Putri Syakbania Dalimunthe Putrinda, Dwita Ajeng Rahmat Syaputra Rajali H. Aji Ramadhan, Ryan Fadly Renjana Mantri Laras Hadi Daulay Reynaldo, Vatar Rika Jamin Marbun Rizki Alisyahbana Rosmalinda Rosmalinda Rosmalinda, Rosmalinda Rudy Haposan Siahaan Salisa, Nora Salsabilla Rizky Fauzi, Amanda Santoso, Imam Budi Saragih, Fitrah Anata Saragih, Indah Chairani Sebayang, Dedek Kurnia Shaliha, Fithriatus Sheren Murni Utami Sihombing, Herianto Silalahi, Dorthy Ulini Sinaga, Fanidora Agustina SINAGA, HENRY Siregar, Mahmul Siska Saragih Siti Khairunnisa, Siti Sitorus, Holongi Theonia Lampungu Sitorus, Kristin Lusyana Stefani Kamajaya Suhaidi Suhaidi Suhaidi Suhaidi Sukarja, Detania Sunarmi Sunarmi Sunarmi, Sunarmi Suria Ningsih Suria Ningsih Sutan Rais Aminullah Nasution Sutiarnoto Tan Kamello Tanjung, Afriansyah Tarigan, Yefta Nikoyas Tasyah Ramadhani Tika Puspita Sari Utary Maharany Barus Waruwu, Noman Tuboinam William Heru Sidauruk Yati Sharfina D Yefrizawati Yefrizawati Yusuf, Darmawan Zhein Fajar Rheina