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Suhaidi Suhaidi
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PENGGUNAAN GAS ELPIJI TIGA KG DITINJAU DARI UU NO. 8 TAHUN 1999 (STUDI PADA MASYARAKAT KOTA MEDAN) Ali Umar Harahap; Tan Kamello; Suhaidi Suhaidi; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Nowadays, people begin to shift from the use of kerosene to 3 kg elpiji (liquid natural gas) gas, and the government provides and distributes 3 kg elpiji to the people. In this case, the government is expected to maintain the quality of the product because it becomes the most important thing for consumers’ safety. If consumers’ right as stipulated in Law on Consumer Protection is not fulfilled, they have the right to file a complaint about the responsibility of PT. Pertamina for their loss in using 3 kg elpiji gas. The result of the research showed that why consumers’ right were not fulfilled was because of their lack of knowledge, education, and intensity and their indifference/apathy in using 3 kg elpiji gas, in handling its danger, and in consumer protection. This fact was supported by their lack of knowledge of how to handle its possible danger. They ignored the security in using 3 kg elpiji gas because they still used devices from conversion program. Article 19 of Law No 8/1999 on Consumer Protection states that business people are responsible for the compensation on damage, disgrace, and financial loss of consumers because of consuming produced or sold goods and services. The settlement of dispute between both parties is through the Court and settlement outside the Court is through BPSK (Consumer Dispute Settlement Board). Keywords: Consumer Protection, Dispute Settlement
ANALISIS HUKUM TERHADAP KEBIJAKAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PADA PT. BANK SUMUT Putri Nesia Dahlius; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corporate Social Responsibility (CSR) is a commitment of a company to participate in the suistainable economic development in order to increase the quality of life and useful environment for the company itself, for the local community, and for the people as a whole. The concept of implementing CSR in Indonesia is regulated under Law No. 40/2007 on Corporation, Law No. 25/2007 on Capital Investment, Law No. 19/2003 on BUMN, Law No. 4/2009 on Mining, Mineral, and Coal, PP (Government Regulation) No. 47/2012 on Social and Environmental Responsibility on Corporation, the Decree of the Supreme Court No. 53/PUU-XI/2008 on Constitutional Advisory of Audit Norm, under Article 74 of Law on Corporation. The result of the research showed that the implementation of CSR in Indonesia is legally obligatory, especially for a corporation, so that it is budgeted as the corporation’s expense. The policy of PT. Bank Sumut in implementing its CSR referred to Law No. 40/2007 on Corporation, PP No. 47.2012, the Decree of RUPS, and the Decree of the Director No. 240/Dir/Setdir/SK/2013 on the Operational Standard Procedure of CSR, in which Bank Sumut used CSR management with partnership pattern by collaborating with the local governmen that determined CSR planning and implementation. Key words : Corporate Social Responsibility (CSR), Law of CSR, Bank Sumut
PENERAPAN NORMA HUKUM PERDAGANGAN ANAK DALAM PUTUSAN PENGADILAN NEGERI MEDAN Juliyani Juliyani; Suhaidi Suhaidi; Tan Kamello; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children are very vulnerable to be traded. Human trafficking in children is done in organized and non-organized crime, either domestically or internationally. They become absent of freedom and it is not uncommon that they are treated unjustly; they are even enslaved! Therefore, it is necessary to study the regulations on child trafficking, viewed from child protection in the implementation of Law No. 23/2002 on Child Protection and about judge’s attitude in handing down a verdict on the case of child trafficking in the Medan District Court. Keywords: System Implementation, Child and Human Trafficking, District Court’s Verdict
PELAKSANAAN PENGAWASAN WARGA NEGARA ASING DI WILAYAH KERJA KANTOR IMIGRASI KELAS II BELAWAN BERDASARKAN UU NO. 6 TAHUN 2011 TENTANG KEIMIGRASIAN Warhan Wirasto; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Immigration based on article 1 Act number 6 year 2011 is a case history of traffic or people coming out of Indonesia’s territory and surveillance in order to preserve the enforcement of state sovereignty. Immigration have 3 function or in common named “ Tri Function of Immigrastion”, that is community service function, law enforcement function and economic fasilitator function. Indonesian layout area especially Belawan has a strategic location from geografic or trading because close to Singapore and make a lot of factory build in this region so that things have a correlation with the user of skilled people that comes from another country and make a lot of foreign people from another country want to enter and come to Indonesia, which is that foreigner has a goal and different purpose. Immigration policy for that foreigner in 2 (two) approach that is prosperity approach, which is only foreigner that bring benefit for prosperity and wallfare to Indonesian people allowed to entering Indonesia. And then security approach that is give Immigration permit to them that not harm  security of country and general order. The problems that faced for surveillance of foreigner system based on Act Number 6 year 2011 in Indonesia teritory especially in Immigration office of class II Belawan region and what that Immigration office of class II Belawan do to foreigner that breaking Immigration rule. The research Methods that used is the juridical normative that is study in konsepsional order from the meaning and the intent from regulation national law that have a correlation with Immigration surveillance and action to the permit of the foreigner who has stay in indonesia and empirical juridical that is seeing the fact that occur in the field, and then connect to regulations now. The setting of surveillance for foreigner in Indonesia have been set up in Immigration act number 6 year 2011 but now the applications in the field esspecially in Imigration class II office of Belawan region have a few barrier and obstacles.   Keywords : Supervision, Foreigner, Immigration office of Belawan
KEBIJAKAN FORMULASI HUKUM PIDANA DALAM PENANGANAN TINDAK PIDANA DI BIDANG TINDAKAN MEDIK Sonya Airini Batubara; Mahmud Mulyadi; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Medical personnel looks like doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethies. The use of penal law is penal law policy’s problem. Penal law policy can be seen from functional aspect. There are three steps in penal law processing i.e. formulation, application and execution. Formulation step or known as legislative policy is strategic step because the regulation is being decision. So the research will be conducted to policy formulation of criminal law in the handling of criminal acts in the field of medical treatment. The results of this study are action of medical services as a criminal offense under code of criminal law, code of criminal procedure law, Act No. 29 of 2004 on Practise of Medicine, Act No. 36 of 2009 on Health and Act No. 44 of 2009 on Hospital are actions that meet the elements of the error, the rules regarding the health law is not fully set up explicitly and accomodate issues that arise in this field of health care, and regarding legal protection for victims of crime in the field of medical services performed by imposing sanctions for criminal. Based on this research is suggested for improvement of the education system to the performance of the medical supervision, completion of the rule of law and health law enforcement officers, and revised formulation of legislation in the medical field. Key words: Policy formulation, Criminal law, Medical services.
PERTANGGUNG JAWABAN KORPORASI TERHADAP KEBAKARAN HUTAN DALAM KAITANNYA DENGAN PENERAPAN HUKUM LINGKUNGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PELALAWAN NO. 228/PID.SUS/2013/PN.PLW) Surya Sofyan Hadi; Suhaidi Suhaidi; Syamsul Arifin; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Due to the actors who burn the forest to open land oil palm plantation company allegedly is a corporation, the corporation issues related to speak also to the issue of accountability. In terms of corporate accountability is possible through the doctrine of strict liability which, in this teaching criminal liability can be imposed on perpetrators of criminal acts in question with no need to prove the existence of fault (intent or negligence) actors. But the emphasis placed on it, as a result of his actions have caused loss to the community. Suffice if proven that the offender has committed an unlawful act, or not doing that is required by the criminal provisions (offenses of strict liability). Keywords    :  Corporate Liability; Forest fires; and Application of Environmental Law
PEMBEBASAN BERSYARAT (PB) BAGI PENYALAHGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KLAS I TANJUNG GUSTA MEDAN Suandi Fernando Pasaribu; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT One part of coaching Prisoners in the correctional system is the presence of the Parole (Voorwarlijke Invrijheidsteling). Narcotic crime is a crime that is complex because of the narcotic crime, the offender can be at once a victim. Best coaching against inmates is returned / integrated in society and not electrically insulated with iron bars. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. The method used in this research is normative and empirical legal research and analytical descriptive nature by using primary legal materials, secondary and tertiary analyzed normatively. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. Summing up, first, the implementation of parole for abusers of narcotic refers to the Indonesian Government Regulation Number 99 of 2012, Second, efforts to address the employees of prisons are required to discipline the prisoners for good behavior, requiring tightening legislation, increasing the number of prison staff, perform retrieval Quotes Judge (Extra verdict). Third, the supervision of inmates required to report once a month or once every 3 months to Hall of Corrections with program officers visit the client's home to inmates. Keywords: Parole, narcotics abusers, Penitentiary
ANALISIS HUKUM DARK POOLS SEBAGAI BENTUK TRANSAKSI EFEK DI LUAR BURSA SAHAM Taufik Hidayat Lubis; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
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ABSTRACT   The development of information technology system is the one of investment increasing factor in a country and capital market has used it nowdays. At the same time, massive demand of market participants as the process of interaction with other market participants which aims to improve the interaction process hase been started in using slips and now scripless trading. The need of market participants with information technology systems development grows at the same time, it can be seen how in the 21st century has created a securities transactions known as dark pools. This method conducted off exchange considered one of the ways for investors to trade security in large numbers to get a lot of benefits such as pay off commission to the broker even be able to avoid the tax charge PPn and PPh.
PUTUSAN HAKIM TENTANG REHABILITASI TERHADAP PECANDU NARKOTIKA (Studi Putusan Nomor : 35/PID/2012/PT.TK) DewiMaya Benadicta Barus; Mahmud Mulyadi; Suhaidi Suhaidi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 2 (2016)
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ABSTRACT Narcotic addict when viewed from the aspect of health, they were of the sick or in other words people who suffer pain. Therefore, the corresponding incarcerate isn't the right solution. Supreme Court circulars (SEMA) number 4 of 2010 can be used as a basis for reasoning or reference the judge in meting out sanctions and rehabilitation. As for the problems formulated in this thesis writing is why rehabilitation of narcotic addicts are deemed necessary as the basis for an alternative to criminal action, and then discussed again what was the background to the legal considerations the judge in meting out the rehabilitation decision in connection with any criminal action. Research methods used by the author in writing this is the juridical normative research method, which is based on secondary data and put emphasis on measures of speculative theoretical-normative analysis-qualitative and. As for the data used in compiling the writing was obtained from the research libraries (library research). As a technique of collecting data by utilizing a wide range of literature in the form of legislation, books, scientific papers, lecture materials, court rulings, as well as secondary data sources discussed by other authors. Considered necessary for the rehabilitation of addicts of narcotic drugs as an alternative to criminal action because of it's own rehabilitation aims to improve the health of the addicts of narcotic drugs with care and rehabilitation on an existing rehabilitation centres. This is compared to the upside if the addict of narcotics is punished by criminal sanctions. As for the background of the legal considerations of the overthrow of the ruling of the judge in connection with any rehabilitation criminal action is by observing the values of certainty, justice and benefit based on a notion that the narcotic addicts as victims of crime so more suitable rehabilitation sanctions meted out verdict that will provide care and guidance that is educating and improving physically and mentally from the addict. Key words :  rehabilitation, narcotics addicts, the verdict of the judge.
PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK (JUVENILE JUSTICE SYSTEM) DI INDONESIA Aras Firdaus; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Sexual crimes committed by children is not necessarily completely because of the desire of the children themselves. Children who commit violations of the law or committing criminal actions greatly influenced several other factors outside themselves like children Association, education, play and so on. Provide protection against children from the influence of the process of the formal criminal justice system, then the human thought has occurred or the legal and humanitarian experts to create formal rules of action issuing a child who commits a violation of the law or committing criminal acts from the criminal justice process by providing an alternative that is considered better for children. The issue raised in this research, is how form of legal protection for perpetrators of the criminal act of sexual crimes according to the provisions of laws and regulations, and how the role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crime. Result the studies show that form of legal protection against the perpetrators of sexual violence can be seen inside and outside of the criminal code and code of criminal procedure. According to the provisions of the criminal code stated that the overthrow of a punishment to a child is the last effort, and concerns the punishment given to a child that is different to adults. Code of criminal procedure specifies the rights of the child who became the suspect or defendant upon the criminal deeds he had done. The role of law enforcement agencies in taking action against the perpetrators of the criminal act of sexual crimes began from the police institution is the institution of the first state to intervene against the child in conflict with the law. Arrests, anchoring, the investigation, and the investigation is the police authority to enforce the criminal justice system, which in the exercise of police authority given the task is diskresi where diskresi is the legal authority the authority in which the police has the right to continue or discontinue a matter. Based on this authority can divert police against a things of the child so that the child does not need to be confronted with the completion of the criminal court formally. Keywords: Sexual Violence, Children, Versioned
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