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Journal : USU LAW JOURNAL

PERTANGGUNGJAWABAN PERUSAHAAN INDUK TERHADAP PERUSAHAAN ANAK DALAM HAL TERJADINYA PENCEMARAN DAN/ATAU KERUSAKAN LINGKUNGAN HIDUP Miranda Chairunnisa; Alvi Syahrin; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Group corporation as one of the effects of the fast growing economy, in the activities can also play a role in terms of pollution and/or environmental damage done by one or several subsidiaries. In this regard, the parent corporation may be subject to liability in certain cases where there is contamination and/or damage to the environment done by the subsidiary. Based on the results of research, it can be seen that the legal relationship between the parent corporation to the subsidiaries is the employment relationship or other relationship within the scope of work of the enterprise. The parent corporation may be subject to civil liability for pollution and/or environmental damage done by the subsidiary if the parent corporation controls the subsidiaries proven to perform actions within the scope of application of piercing the corporate veil. In addition, the parent corporation may also incur criminal liability if it is proved the parent corporation were also committing a crime of pollution and/or environmental damage done by the subsidiary. Based on this research, it is advisable to make a special provision of group companies in Limited Company Act. In addition, it should be prioritizing the use of criminal law in a law enforcement environment that affects the survival of human beings, as well as the need to increase the moral of businessmen for committing violations of environmental laws.
PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DAN JUSTICE COLLABORATOR DALAM UPAYA PEMBERANTASAN TINDAK PIDANA KORUPSI Nixson Nixson; Syafruddin Kalo; Tan Kamello; Mahmud Mulyadi
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The development of the modus of corruption criminal act in Indonesia today has indicated a wide scale and become more sophisticated so that it is very difficult to prove it. One of the methods to uncover this organized crime of corruption is by using the role of whistleblowers that can help uncover the modus of corruption criminal act more easily. Unfortunately, whistleblowers and justice collaborators in corruption case in Indonesia have not received maximal legal protection; in consequence, people who want to expose the crime and who have the right to gain reward will go to prison instead. In Indonesia, judicial normatively, based on Law No.13/2006, whistleblowers and justice collaborators have not yet received maximal legal protection. The same is true for SEMA No.4/2011; whistleblowers and justice collaborators only received leniency of a sentence. The ideal legal protection is by giving reward, treatment, and protection from all charges as the compensation for what a whistleblower has exposed, whether he is one of the perpetrators or not. Keywords : Legal Protection, Whistleblowers, Justice Collaborator
PERLINDUNGAN HUKUM TERHADAP NASABAH DALAM KETENTUAN KONTRAK STANDAR PADA PEMBIAYAAN SYARIAH BANK SYARIAH MANDIRI DIKAITKAN DENGAN KETENTUAN PASAL 18 UNDANG-UNDANG PERLINDUNGAN KONSUMEN (STUDI PADA BANK SYARIAH MANDIRI KRAKATAU MEDAN) Rommy Yudistira Lubis; Bismar Nasution; Tan Kamello; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

AbstractContract used in the implementation of the financing facility of Bank Syariah Mandiri Krakatau Medan to prospective investors. Bank customers who apply for credit financing only have two choices whether to accept the agreement the financing that is standard, or reject the consequences of prospective customers will not get the funds they need. This applies across Bank Syariah Mandiri, both at head office and at branch offices.This research is essential to answer: 1) What is the background of Bank Syariah Mandiri using standard contracts in Islamic financing agreement? 2) How does the implementation of Islamic financing agreement using a standard contract on financing at Bank Syariah Mandiri Krakatau Medan? and 3) What legal protection to customers in the use of standard contract provisions of Islamic finance at Bank Syariah Mandiri Krakatau Medan associated with the provision of Article 18 of Law No.8 of 1999 on Consumer Protection? The results showed that: The interests of customers applying for Islamic finance should be noted and considered a business associate; Uses standard contract with Bank Syariah Mandiri Krakatau Medan should use the principles derived from the Quran and Al-Hadith besides also refer to Civil Code, and Bank Indonesia, the central bank should make arrangements about the use of standard contracts in Islamic finance where these rules.Keywords : Contract Standards; Legal Protection for Customer; Islamic Financing and Credit Agreement.
ANALISIS YURIDIS PEMBERIAN KREDIT OLEH KOPERASI TERHADAP PENGUSAHA KECIL DAN MENENGAH BERDASARKAN UU NO.17 TAHUN 2012 TENTANG PERKOPERASIAN (Studi Pada Koperasi Kredit Union Sejahtera Tebing Tinggi) Gunawan Sibarani; Tan Kamello; Mahmul Siregar; Keizerina Devi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Cooperatives as people’s economic movement give their contribution to small and middle businesses in increasing the welfare, especially for their members. A cooperative is both the guidance for people’s economic policy and a part of national economic order. How is the regulation of giving credit to small and middle businesses according to Law No. 17/2012 on Cooperatives? How is the implementation of giving credit to small and middle businesses at Koperasi Kredit CU Sejahtera, Tebing Tinggi? Are there any obstacles and how to solve them? The regulation of giving credit in Law No. 17/2012 on Cooperatives should be in savings and loan. In this case, the credit at Koperasi Kredit CU Sejahtera, Tebing Tinggi is given only to its registered members. The main obstacle is the incapability of its members to pay off the credit. It is recommended that the cooperative adapt its statutes to Law No. 17/2012 on Cooperatives by amending USP to KSP, giving credit should be based on the capability and compatibility, and special advisors who give sanction to fraudulent field workers should be supported. Kata Kunci    : Savings and Loan Cooperative, Small and Middle Businesses, Kopdit CU Sejahtera Tebing Tinggi