Article Per Year (5 Year)
p-Index From 2020 - 2025
0
P-Index
This Author published in this journals
All Journal USU LAW JOURNAL
Suhaidi Suhaidi
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

Published : 81 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 81 Documents
Search

 1   2   3   4   5 
PENGATURAN TENTANG PENYADAPAN (INTERSEPSI) DALAM PERUNDANG-UNDANGAN DI INDONESIA Adhy Iswara Sinaga; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (509.081 KB)

Abstract

ABSTRACT The arrangement of tapping in national legislation is arranged differently, some of them are arranged in details and some of them are not. Each of the arrangement is different depending on the needs on the institution and the needs of each institution. None of the act can be used as common guideline. The importance of tapping regulation should be made in a form of act because it connects with Human Rights and based on the constitution, Human Rights can only restricts through the act, not Government Regulation. The authority for taping which law enforcement normatively has cannot be contrary to Human Rights, after all the restriction of Human Rights is matched by the nature of Criminal Law itself which to limit every individual freedom that allowed by the law. The Government and Legislatives should make an act as a common guideline which regulates tapping. So the House of Representatives and the President can outsmart and dig deeper into the importance of tapping made into an act, not into a Government Regulation. Everybody should distinguish intelligently and carefully to indicate tapping as a violation of Human Rights. The mechanism of tapping should be regulated as clearly, firmly, and directed as possible. An exception can be necessary in order to avoid any violation of Human Rights. Keyword: Legislation, Tapping, and Human Rights.
ESKALASI DAN FORCE MAJEUR DALAM PERUNDANG - UNDANGAN JASA KONSTRUKSI Herman Brahmana; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.596 KB)

Abstract

ABSTRACT Escalation is a legal instrument for the contractor to submit a price adjustment in terms of increasing the cost of implementing the value of the work to the value of the work at the time the contract was agreed to form a multi-year contract unit price. In its application the government through a joint decision of the Minister of Finance and the Minister of Public Works in 2008 and in 2013, imposes an escalation of all the projects that will be or are in the stages of processing due to rising prices of raw materials kontsruksi as the impact of rising fuel. Legislation construction services do not define the limits and the escalation of force majeure. Restrictions state is necessary as a handle to gain a complete understanding of the escalation and force majeure. From these results it can be seen escalation may be filed if the service providers comply with the limits that state, the rising cost of execution of work, increasing the cost of implementing such work can not be predicted by the service provider when the contract was agreed, bound service providers complete the work, and service providers are able to complete work, while the force majeure may be submitted by service providers if they meet the restrictions that state, the incident involuntary service providers, events beyond the ability of service providers to complete the work, due to the events that led to losses for service users. Keywords: escalation, force majeure, construction services.
STRATEGI PENDISIPLINAN KEMBALI UNTUK MENANGGULANGI KESEMRAWUTAN DALAM KEHIDUPAN NASIONAL DEWASA INI Ramses Purba; Muhammad Solly Lubis; Suhaidi Suhaidi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (610.018 KB)

Abstract

ABSTRACT Law is a part of the system of national life. Therefore, the law is a device that needs to be reviewed and developed in order to discipline the back (redisciplineering) or curb long-term national scale / area. Its targets are disciplining the working procedures of the relevant authorities so that appropriate and consistent based on two aspects. This is an approach to the discipline of work or task. Discipline back chaos in the system of government in the State of Indonesia is very necessary because of Discipline within the scope are essentially stateless We have not had any practical experience with a new model after the 1945 amendment so weak presidential system. The Government adhered to the legal / state authorities in Indonesia are not in accordance with the basic state and can be assessed pragmatic, because the characters responsive legal products include: reflecting a sense of justice and meet the expectations of society, government / state officials have not met the applicable law in Indonesia, because the legal issues The most frequent and entrenched in this country is the inconsistency of the law enforcement officers of the law and legal regulations and are written clearly in the legislation. Keywords: Strategy, Discipline, National
PERBEDAAN ANTARA WANPRESTASI DAN DELIK PENIPUAN DALAM HUBUNGAN PERJANJIAN Sugirhot Marbun; Mahmud Mulyadi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.869 KB)

Abstract

ABSTRACT Breach of contract is a true realm of civil law which should not be replaced by blaming someone else who did the breach of contract under criminal law but it must be based on the civil law.The offense of fraud should not be blamed on someone who did it for acts of breach of contract because it is the domain of criminal law. But in the court practice, a dilemma in law enforcement between which act is included in the category of breach of contract and which act is included in the category of offense of fraud in a contract frequently occur. The characteristic of breach of contract is seen from the negligence of somebody inimplementaing achievement in the good faith. While the element in the offense of fraud is exactly seen from the contrary namely from the element of intent not from the element of negligence. In the court of law, the practice of breach of contract and the offense of fraud. For the characteristics of breach of contract was released by the judge seen from the longstanding trade relationship in good faith. While the characteristics of the oiffense of fraud contained the element of intent in bad faith, benefiting themselves  or others,  not performing or avoiding obligations, containing the words of lie, and delaying for no obvious reason. Therefore, every individual, the parties or communities in making an agreement, especially police officers, prosecutors, advocates, and judges need to understand the characteristics of the difference between breach of contract and the offense of fraud. In the cases of agreement with the indication of breach of contract, the negligence of debtor in paying his debt must be proven first before the debtor can be accused for having breached a contract. Whilein the cases of agreement with the indication of the offense of fraud, the element of intent in bad faith must be proven first. Keywords: Agreement, Breach of Contract, Offense of Fraud
ANALISIS YURIDIS PERMOHONAN IZIN PENYELENGGARAAN RADIO PADA FREKUENSI 99,5 MEGAHERTZ (PERKARA TATA USAHA NEGARA NOMOR 86/G/2010/PTUN-MEDAN) Tri Kurniawan; Pendastaren Tarigan; Suhaidi Suhaidi; Faisal Akbar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (592.386 KB)

Abstract

ABSTRACT   Radio is a means of communication that does not use cable as its medium, but uses electromagnetic waves to transmit voice. The use of radio frequency spectrum in the manner intended, and should not interfere with each other as the nature of the radio frequency spectrum can propagate in any direction without knowing the limits of the country, therefore, its use should require a permit from the Government. Concluded, first, setting the organization of broadcasting about granting permission to use the radio frequency spectrum in Indonesia are required for every person who, either legal entities of government, private and foreign in Indonesia, radio broadcasting must obtain permission from the Government through the MCIT.  Secondly, the principles of good governance Government associated with broadcasting license application filed by PT. RPLN are not implemented optimally and wisely, especially the Minister of Communication and Head of the Institute of Radio Frequency Spectrum Monitor Class II Medan. Third, the basic consideration of the judge's decision to cancel the Minister of Communication on radio broadcasting license application filed by PT. RPLN legally well-founded based on a consideration of the principles or the principles of good governance and has in the law normative.
PENGUATAN FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO.92/PPU-X/2012) Andryan Andryan; Muhammad Solly Lubis; Suhaidi Suhaidi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.684 KB)

Abstract

ABSTRACT Regional Representative Council (DPD) as a new state agency after the 1945 amendment was originally expected to be able to realize the presence of two rooms representation system (bicameral). As an embodiment of the people, the DPD related to the legislative function as stated in the Constitution, 1945. In carrying out its legislative function, the DPD's involvement is limited to the discussion of Level I. In fact, the 1945 allows DPD follow up on the process that takes place in Level II. The Constitutional Court (MK) has strengthened the legislative function of the DPD some previously reduced by Act No.27 of 2009 on MPR, DPR, DPD and DPRD, and Act No. 12 of 2011 on the Establishment of Laws and Regulations. DPD in the legislative function should be viewed as a whole, starting from the submission process to approve a Bill (the Bill). Implications of the decision of the Constitutional Court on strengthening the legislative function of the Regional Representative Council, that DPD is constitutionally have gained in three aspects: first, the authority of DPD in the proposed bill relating to the area; Second, the authority of the Council, who discussed the bill relating to the area; Third, DPD involvement in the preparation of the National Legislation Program. Strengthening the legislative function should be done by rearranging comprehensively legislative function in the system of government, with the fifth amendment of the 1945 Constitution is to establish a system of checks and balances in the representation of the people in the way that the doctrine of popular sovereignty. Keywords: DPD, Legislation, and System of Representatives
TINDAK PIDANA PENDAFTARAN SERTIFIKAT HAK MILIK NO 70/SIDOMULYO MENGGUNAKAN ALAS HAK/DASAR PALSU NO. 168/3/MT/1979 OLEH BADAN PERTANAHAN NASIONAL (Studi Putusan Nomor : 646/PID/2013/PT.Mdn). Jhon Tyson Pelawi; Syafrudin Kallo; Muhammad Hamdan; Suhaidi Suhaidi
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (625.035 KB)

Abstract

ABSTRACT Some factors which cause criminal act in falsifying land certificates are as follows: the implementation of incorrect law, non-transparent legal enforcement, frail administrative system, the ignorance of the personnel of the National Land Board, people’s lack of knowledge in law, judges’ negligence in the hearing facts and evidence, the involvement of the military personnel in falsifying the certificates, and sanction stipulated in UUPA (Agrarian Law) is too lenient. Government Regulation No. 24/1997 on Land Registration and Article 52 of UUPA on criminal sanction state that perpetrators in land crime, as it is regulated in Article 19 of UUPA, is sentenced to 3 months and fined Rp 10.000, Law Enforcement for perpetrators who have falsified land certificates is regulated in Articles 263 to 266 of the penal code on criminal act of falsifying certificates and Articel 52 of UUPA on criminal sanction on Land Crime. in order to forestall, handle, and settle the conflict on land, old feudalistic, centralistic bureaucratic, authoritative, and repressive paradigm should be changed to populist, democratic, and decentralized paradigm and respect for human rights. Keywords: Criminal Act, Registering Debenture, Based on Legal Basis
ANALISIS YURIDIS PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE INTERNASIONAL (Studi Kasus: Putusan Mahkamah Agung Nomor 808 K/Pdt.Sus/2011 Dalam Perkara Antara PT. Direct Vision Melawan Astro Group Malaysia) Junandar Indra Tongam Panggabean; Suhaidi Suhaidi; Jelly Leviza; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (566.298 KB)

Abstract

ABSTRACT PT. Direct Vision applied a request for rejecting the execution on the Rulings of SIAC in 2010 because of the violation against public order. However, the Central Jakarta District Court and the Supreme Court refused the request for rejecting the execution on the ruling of SIAC in 2010 in Indonesia. Legal provision which regulates the rejection for the execution on the International Arbitration decision according to UUA, APS, and new York 1958 convention permits that the request can be filed to the Court in the petitioner’s country, but the cancelation can only be filed in the country where the decision is made. The main reason for the panel of judges to refuse the request for execution on SIAC decisions in 2010 was because PT. Ayunda Prima Mitra simultaneously filed a complaint about illegal action in the South Jakarta District Court against Astro Group Malaysia. It is recommended that UUA and APS should set the period of the International Arbitration registration, the reasons for rejecting the execution on the International Arbitration Decisions should not be mixed with the reasons for rejecting and canceling, and PT. Direct Vision should wait for the decision to execute from the South Jakarta District Court.   Keywords: International Arbitration, Public Order
TANGGGUNG JAWAB PENGURUS TERHADAP AKTA PENDIRIAN/ANGGARAN DASAR YAYASAN SETELAH BERLAKU UU YAYASAN DAN PP NOMOR 63 TAHUN 2008 TENTANG PELAKSANA UU YAYASAN Syahrul Sitorus; Runtung Runtung; Suhaidi Suhaidi; Keizerina Devi Azwar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (564.446 KB)

Abstract

ABSTRACT One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted. Keywords: Foundation, Management Responsibility, Memorandum of Association/ Statutes, Property, Government
PERLINDUNGAN HUKUM BAGI PASIEN PENGGUNA JAMKESMAS DALAM PELAYANAN KESEHATAN DI RSUD DR. RM. DJOELHAM BINJAI TERKAIT BERLAKUNYA BPJS DI BIDANG KESEHATAN Elmas Dwi Ainsyiyah; Suhaidi Suhaidi; Utary Maharani Barus; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (627.177 KB)

Abstract

ABSTRACT Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement. Keywords: Health Care Service, Legal Protection, Jamkesmas
Co-Authors Ade Yuliany Siahaan Adhy Iswara Sinaga Agusmidah Agusmidah Aldi Subartono Ali Ibsan Jaya Ali Umar Harahap Alvi Syahrin Alvi Syahrin Andi Rian Djajadi Andini Pratiwi Siregar Andryan Andryan Aras Firdaus Armia Pahmi Arpan Carles Pandiangan Astri Heiza Mellisa Bagus Firman Wibowo Bismar Nasution Chairiyah Ella Sari Siregar Dedi Harianto Des Boy Rahmat Eli Zega Devy Iryanthy Hasibuan DewiMaya Benadicta Barus Dita Kartika Sari Hasibuan Donny Alexander Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Yunara Eka Husnul Hidayati Elmas Dwi Ainsyiyah Eric Tanaka Eryco Syanli Putra Faisal Akbar Nasution Faisal Rahmat Husein Simatupang Fidelis Haposan Silalahi Gusmarani, Rica Hade Brata Hariyatmoko Hariyatmoko Hasan Basri Hasim Purba Herman Brahmana Indra Kurniawan Nasution Indra Sakti Irwan Charles Sitompul Jelly Leviza Jennifer Jennifer Jhon Tyson Pelawi Johannes Pasaribu John Bert Christian Jonathan Hasudungan Hasibuan Judika Atma Togi Manik Juliyani Juliyani Junandar Indra Tongam Panggabean Jusmadi Sikumbang Keizerina Devi Azwar Kristina Sitanggang Lisa Andriansyah Rizal Ludy Himawan Madiasa Ablisar Madiasar Ablisar Mahmud Mulyadi MAHMUL SIREGAR Marlina, Marlina Marthin Fransisco Manihuruk Megawati Megawati Meilisa Bangun Meisy Kartika Putri Sianturi Mhd. Nur Arrahman Nasution Mirza Nasution Muhammad Ekaputra Muhammad Hamdan Muhammad Reza Azhar Muhammad Ryan Rainaldi Mutiara Panjaitan Nurpanca Sitorus Pendastaren Tarigan Perdana Eliakhim Manalu Putri Nesia Dahlius Rabithah Nazran Radinal Panggabean Rambe, Ivana Novrinda Ramses Purba Rani Angela Gea Ricky T. A Pasaribu Rizki Alisyahbana Ronald F. C. Sipayung Ruben Tambunan Runtung Runtung Salman Paris Harahap Sari Rezeki Indra Saryo Saryo Solly Aryza Sonya Airini Batubara Sriayu Aritha Panggabean Stevani Phinta Silaban Suandi Fernando Pasaribu Sugirhot Marbun Sunarmi, Sunarmi Surya Sofyan Hadi Sutiarnoto Sutiarnoto Syafruddin Kalo Syafruddin Sulung Hasibuan Syafrudin Kallo Syahrul Sitorus Syamsul Arifin Tan Kamello Tan Kamelo Taufik Hidayat Lubis Tito Travolta Hutauruk Tri Kurniawan Utari Maharany Barus Utary Maharani Barus Warhan Wirasto Wilson Bugner Pasaribu Wina Wina