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PERTANGGUNGJAWABAN PIDANA TERHADAP PEMBERIAN FASILITAS PEMBIAYAAN MODAL KERJA FIKTIF OLEH BANK MENGENAI PROSEDUR DOKUMEN DAN JAMINAN (Studi di Bank Muamalat Indonesia Cabang Kota Medan) Rahmat Surkhalid Nasution; Abdul Hakim Siagian; Didik Miroharjo
Jurnal Ilmiah Advokasi Vol 9, No 1 (2021): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v9i1.2013

Abstract

The basis of lending or financing by banks to debtor customers is trust by implementing the principle of prudence by applying the principle of knowing the customer. Documents and credit guarantees approved and received by the bank will then have several functions and one of them is to secure the repayment of credit if the borrower injured the promise. Fictitious crimes in the provision of credit facilities or working capital financing actually refer to various forgeries. There are 3 (three) types of forgery, namely making fake letters, falsifying letters, intellectual forgery. The criminal liability of banks contained in Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 on Banking and Law No. 21 of 2008 on Syariah Banking is cumulative criminalization meaning that in addition to being sentenced to prison or also sentenced simultaneously in accordance with its mistakes.Keywords: Bank, Financing, Fictitious and Criminal Liability
Omnibus Law in the Perspective of Constitutionality and Legal Politics Abdul Hakim Siagian
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.977 KB) | DOI: 10.33756/jlr.v3i1.7222

Abstract

Overlapping norms in regulations, for example in the Natural Resources sector in terms of ease of investment, which previously had been sufficiently well regulated in the Law, many of the rules were cut through the omnibus law draft. The issues to be discussed are the constitutionality of the omnibus law concept in achieving legal certainty and usefulness in Indonesia. The research method used is normative juridical legal research. The results show that the omnibus law will also not interfere with the hierarchy of statutory regulations because the omnibus law is actually applied the same as the usual statutory regulation formation system. Apart from that, the omnibus law will also provide significant legal objectives in the form of legal certainty and usefulness compared to the normal law revision method (one by one).
Constitutional Complaint as Strengthening Constitutionalism in Indonesia Abdul Hakim Siagian
Randwick International of Social Science Journal Vol. 1 No. 3 (2020): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v1i3.102

Abstract

The inclusion of human rights in the constitution gives a new status for these rights to become constitutional rights. The guarantee of human rights in the constitution has not been in line with legal efforts to protect these rights. Mechanisms constitutional review in Indonesia only accommodates the testing effort constitutionality of Law (judicial review), whereas there are still many objects of state action that can harm the constitutional rights of citizens, but they do not have any resolution because they have not been provided for by Indonesian positive law. This study aims to identify how the interrelationship between guaranteeing human rights in the constitution and strengthening constitutionalism due to the inclusion of human rights in the constitution, how the concept of constitutional complaints in various countries is, and how relevant is it to be applied in Indonesia. This research describes the material that exists in historical, comparative and reconstruction (modification) aspects as an effort to make the concept relevant to be applied in Indonesia. This research shows that human rights and the constitution have a reciprocal relationship (reciprocal), various concepts in other countries have a lot of relevance to Indonesia, and there are several technical-procedural concepts and juridical arrangements that are relevant to be applied in Indonesia. So, it is necessary to regulate constitutional complaints as a legal measure to protect the constitutional rights of citizens which have been guaranteed by the constitution and increase the value of the constitutionalism of citizens in Indonesia.
The Development of Muhammadiyah Ideology Dar Al-Ahdi Wa Al-Shahadah in Pancasila Course, Law Study Program, Faculty of Law, Universitas Muhammadiyah Sumatera Utara Abdul Hakim Siagian; Benito Asdhie Kodiyat MS; Andryan Andryan
Randwick International of Social Science Journal Vol. 2 No. 4 (2021): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i4.332

Abstract

Muhammadiyah Business Charitable and the founder of Muhammadiyah Islamic College (MIC), the obligation of an academic community is added to the understanding and practice of Al-Islam Kemuhammadiyahan as a teaching doctrine that follows the Prophet Muhammad SAW, one of the courses that should intersect with Muhammadiyah understanding is the Pancasila course, this course not only describes how the history of Pancasila used as the basis of an independent state, moral value, ethics and diversity that exist, but this Pancasila course should also describe the ideology of Muhammadiyah, the State Law of Pancasila and the ways of practicing it in everyday life of course with Muhammadiyah rules, so that the Pancasila course this is one of the characteristics of the practice of Al-Islam Kemuhammadiyahan in the Legal Studies Program. The research method used in this research is normative juridical.
The Effect of Centralistic Political Party Policies in Selection Of Regional Heads in Medan City Benito Asdhie Kodiyat MS; Abdul Hakim Siagian; Andryan Andryan
Indonesian Journal of Education, Social Sciences and Research (IJESSR) Vol 1, No 1 (2020)
Publisher : Indonesian Journal of Education, Social Sciences and Research (IJESSR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/ijessr.v1i1.4899

Abstract

The problem of the realization of regional autonomy-decentralization will be successfully achieved if in the process of determining regional leaders are still in the shadow of the national political elite. More broadly, this does not provide an opportunity for the people of the region to freely determine their future leaders in the area. To a certain degree, this kind of process will destroy regional democratization. For that reason, the problem to be examined is how the influence of the centralization of political party policy in relation to the election and determination of regional head candidates carried by political parties, we need to discuss in advance what is the cause of the direct implementation of regional head elections and how the role of political parties in recruiting regional head candidates. The research method used is normative legal research. The results showed that the election of regional heads that had experienced a shift from indirect elections in the DPRD to direct elections by the people had constructive consequences for democracy and the conception of popular sovereignty in the context of elections and the role of political parties that were very strategic in being able to carry prospective candidates for heads regions become candidates for regional heads in the regional head election experiencing conceptual ambivalence. 
Penguatan Kewenangan DPD Dalam Sistem Ketatanegaraan Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 Abdul Hakim Siagian
DE LEGA LATA: JURNAL ILMU HUKUM Vol 5, No 2 (2020): Juli - Desember
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (55.237 KB) | DOI: 10.30596/dll.v5i2.4348

Abstract

In a federal state, the system of representation of its people is divided into rooms (cameral). In the room division system, the DPR and DPD have a system commonly called checks and balances. Each of the chambers supervises and matches each other's performance, in the sense that the DPD should have the same authority as the DPR in the legislative function. This study aims to describe the authority of the DPD and optimize the role of the DPD in the legislative function after the Constitutional Court Ruling Number 92 / PUU-X / 2012. This research is a normative research sourced from books and documents about DPD. The results of this study indicate that the DPD's authority is weak because it is still considered as a co-legislator of the DPR and the form of its optimization can be done through the fifth amendment or the renewal of the Law forming legislation and the MD3 Law. Then the weakness of the DPD which results in a weak system of checks and balances in the parliament must be optimized DPD authority.
Kajian Hukum Terhadap Anak Yang Melakukan Tindak Pidana Narkotika Dalam Perspektif Kriminologi Studi di Polresta Deli Serdang Rajarif Syah Akbar Simatupang; Abdul Hakim Siagian; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (832.654 KB) | DOI: 10.34007/jehss.v5i2.1187

Abstract

This study aims to find out the causal factors, modus operandi and prevention efforts of children who commit narcotics crimes in the perspective of criminology in Deli Serdang Police.. This research uses normative legal methods by using a normative juridical approach (Legal Reseach) to obtain secondary data conducted by research and interview, to obtain primary data through library materials and invitees. The results showed that the legal study of children who commit narcotics crimes in the perspective of criminology, based on indicators are as follows: First, the causative factors of narcotics crimes committed by children are internal factors (factors obtained by children from the family and from within the child themselves and external factors (factors obtained from the environment, association, economic situation and cultural influences abroad). Second, the modus operandi carried out by children in committing narcotics crimes is carried out in groups and individuals, the child can use narcotics by lying to parents in terms of material (pocket money) to commit criminal acts of theft. Third, the efforts and prevention so that narcotics crimes committed by children are not repeated through the existence of legal policies consisting of repressive and preventive efforts by the Deli Serdang Police.