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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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PERTANGGUNJAWABAN PIDANA PIMPINAN KORPORASI MULTINASIONAL TERHADAP TINDAK PIDANA DUMPING LIMBAH B3 YANG DILAKUKAN OLEH PERUSAHAAN CABANG Marthin Fransisco Manihuruk; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Subsidiary establishment is a method of big scale corporations to develop their business, either in the country or cross countries. A Multinational corporation is a corporation which subsidiaries lay cross countries. This subsidiary can certainly commit a criminal act, either on purpose or due to negligence. Therefore, legal instrument is required to charge the criminal liability of the Multinational corporation.The research discusses the criminal liability of a Multinational corporation for the criminal act in B3 Dumping (Dangerous and Poisonous Waste Dumping) committed by its subsidiary. Article 60 of the Law No. 32 Year 2009 concerning the Protection and Management of Living Environment forbids everyone to do dumping to a living environment without a license. The objective of the research is to find out the criminal liability of a Multinational corporation observed from the view in which the subsidiary is the leader or the one who has given the order to commit a criminal act in B3 Dumping (Article 116 paragraph 1 of the Law No. 32 Year 2009). The complexity in this corporation problem is that it charges the liability of the Multinational corporation which subsidiary is a legal entity. It is closely related to the fact that the subsidiary is a part of the Multinational corporation, so that any charge of criminal liability cannot be addressed to only the subsidiary when it commits a criminal act. The results show that charging the criminal liability of a Multinational corporation is influenced by some aspects of the one who gives the order or the leader of the activity in committing the criminal act (Article 116 paragraph 1 of the law No. 32 Year 2009) and of the location of the corporation and it subsidiary.  In addition, the aspects of nationality or citizenship of each head of corporation and it subsidiary is limited by article 2-9 of KUHP (the Criminal Code) stating that the limitations of the effectiveness of criminal laws will influence one to another.   Keywords: Criminal Liability of a Multinational Corporation, Dumping, Subsidiary
SISTEM PEMIDANAAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Salman Paris Harahap; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children  as criminals must be treated humanely to the best interests of the child to realize growth and provide physical, mental and social. The protection of children is also reflected in the provisions of Article 28 and paragraph (2) of the 1945 Constitution the basic rights of children, that "every child has the right to live, grow and develop and is entitled to protection from violence and discrimination". In the provisions of Law No. 11 of 2012 on the Criminal Justice System Child, that the system of punishment against juvenile offenders under the law is more emphasis on educational punishment for the best interests of the child. Therefore, this paper attempts to examine the criminal system of children as perpetrators of criminal acts in Indonesia and to analyze the criminal system of children according to Law No. 11 of 2012 on the Criminal Justice System Child and criminal system of children according to Islamic law and criminal system that is managed by Act No. 11 of 2012 on the criminal Justice System children in addressing offenses in doingchild.The method used in this research is normative juridical research method with the approach taken is the approach of legislation (statute approach). Legislation approach used for the basic criminal system that is used as the subject of this research is the Law No. 11 Year 2012 on Child Criminal Justice System. It also conducted a comparative approach (comparative approach).The results showed that the criminal system in Indonesia at this time referring to the Law No. 11 of 2012 concerning juvenile justice system that provisions are required in trying to do a restorative justice (restorative justice) and diversion. Child criminal system according to Law No. 11 of 2012 on the Criminal Justice System Child by child criminal system according to Islamic law lies in the concept of criminal responsibility, it can be seen from the constraints of a child is able to take responsibility. Analysis of Law Number 11 Year 2012 on Child Criminal Justice System is a system of punishment is more emphasis on restorative justice. For children as criminals, where the sanction is not the main goal for the criminalization of children because imprisonment is ultimum remedium.   Keywords: criminal system, children in conflict with the law, criminal justice system children.
ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA TIDAK MELAPORKAN PENEMUAN BENDA CAGAR BUDAYA BERDASARKAN UU NO 11 TAHUN 2010 TENTANG CAGAR BUDAYA ( SUATU PENELITIAN DI KOTA BANDA ACEH ) Muhammad Ryan Rainaldi; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indoensia’s legal system is based on the principle of legality, which means that no one can be punished without the force of the existing legislation. In the Act No 11 Year 2010 on Cultural Heritage, it is clear that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those violate them. Considering the title and the topic of this research, the discussions of this criminal provision only focus on criminal act of unwilling to report the property of cultural heritage stipulated in Article 23 paragraph (1) and Article 26 paragraph (4) along with Article 102 and Article 103 Act No 11 Year 2010 On Cultural Heritage. Theactionis categorized as criminal acts in Act No 11 Year 2010 on cultural heritage stipulated from Article 101 to Article 112 which states that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those who violate them. The obstacles in applying the criminal sanctions towards the act of “unwilling to report” the Discovery of Property of Cultural Heritage in Gampong Pande Banda Aceh are divided into two specific obstacles which are internal and external obstacles. The criminal liability and procedure supposed to be applied towards the act of unwilling to report the discovery of property of cultural heritage occurred in Gampong Pande Banda Aceh which is national Law is not used in handling this case because the Government of Aceh through the Department of Tourism and Culture allows the Banda Aceh citizens to gain profits from the discovery of ancient gold coin in krueng pande to pay zakat based on Aceh Qanun Regulation No 10 Year 2007 on Baitul Mal, article 19 paragraph 8. Thus, the regulation becomes an excuse for the crime in Article 102 and 103 Cultural Heritage Act occurred in Banda Aceh since the validity of Lex Specialis derogate lex generalis, where a special law overrides the common law.   Keywords : Criminal Act, Unwilling to Report, Property of Cultural Heritage
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.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM MINORITAS DALAM PERUSAHAAN TERBUKA Wina Wina; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal protection for minority shareholders in a public company is being so crucial because their interest is related to public interest. Moreover, the minority shareholders are always prone to be exploited by majority shareholders or Directors and Commissioners of the company, and they can do anything which harms minority shareholders. Besides that, weak protection for minority shareholders can have the impact on the development of capital market industry so that protection for them should be accommodated. This thesis discusses the problem of legal principles for the protection of minority shareholders in a public company, the norm of protection for minority shareholders in a public company on capital market field legislation, and inefficiencies in the protection.   Keywords : Legal Protection, Minority Shareholders, Public Company
PENYELESAIAN SENGKETA MEDIK ANTARA DOKTER DAN PASIEN DI RUMAH SAKIT UMUM PERMATA BUNDA MEDAN Rabithah Nazran; Suhaidi Suhaidi; Mahmud Mulyadi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The medical dispute resolution in health is a part that never be released in health care in Indonesia The problems discussed in this thesis research are: First: how to resolve the medical dispute between doctor and patient at Permata Bunda General Hospital Medan?, Second: how is the responsibilities between doctor and patient at Permata Bunda General Hospital Medan?, Third: barriers what happens in the implementation of medical dispute settlement between doctor and patient at Permata Bunda General Hospital Medan? The method used in this study is the normative juridical and empirical juridical  reference to the legal principles in the form of conception, norms, rules of law and collecting, finding data and information through case studies on the resolution of medical disputes between doctors and patients at Permata Bunda General Hospita Medanl. The nature of this thesis research is descriptive analysis. Technique of collecting data in this thesis  research that is collecting of primary data with field study and collecting secondary data is by librarystudy. The conclusion in this thesis research  is the resolution of medical disputes between doctors and patients at the Permata Bunda  General Hospital Medan in civil law provides an alternative way of providing dispute settlement outside the court. Alternative Dispute Resolution (ADR) or alternative dispute resolution consists of conciliation, negotiation, mediation and arbitration. An analysis of cases of dispute resolution between doctors and patients at the Permata Bunda General Hospital Medan is the case of S.H. Siregar and M. Tarigan with the doctors and the Permata Bunda Medan General Hospital Medan that have been completed with the mediationpath.   Keywords: Medical Dispute, Doctor, Patient, Permata Bunda General Hospital Medan.
ANALISIS YURIDIS TERHADAP PENGATURAN PERAN TNI DALAM MENANGGULANGI TINDAK PIDANA NARKOTIKA Irwan Charles Sitompul; Bismar Nasution; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the cooperation undertaken BNN with TNI that has the task of maintaining security and defense Indonesia where cooperation set out in the Memorandum of Understanding between the National Narcotics Agency with the Indonesian National Army is No. NK/29/V/ 2015/BNN, No. Kerma 14/V/2015 dated May 13, 2015 on military assistance to BNN in the framework of the Prevention and Combating Drug Abuse and Illicit Narcotics and Narcotics Precursor and Rehabilitation abusers and addicts Narcotics and Narcotics Precursor. The essence of this MoU is an optimization function of supporting community empowerment and anti-abuse and illicit trafficking of narcotic drugs and precursors; dissemination of information and advocacy on the prevention of abuse and illicit trafficking of narcotics and precursors as well as the inspection of drug trials against military personnel.   Keywords: Narcotics, the Indonesian Armed Forces and Law Enforcement
ANALISIS YURIDIS TERHADAP KERJASAMA PEMBANGUNAN INFRASTRUKTUR MELALUI POLA PUBLIC PRIVATE PARTNERSHIP (PPP) Eric Tanaka; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract   The Indonesia Government can only meet 30% of infrastructure development fund that is needed, which are around 1.433 Trillion Rupiah from 4.796 Trillion Rupiah. Which means, there is a shortage of funding which the Indonesia Government is targeting around 36% of its infrastructure development fund  us expected to be achieved by using of the one of the alternative funding sources and that is Public Private Partnership (PPP) which can be done which a private business entities in the country or foreign, state-owned enterprises or even union. PPP is not only expected to meet the shortage of funds, but it is also expected to provide knowledge and experience in development, operation, and management of the adequate infrastructure. However, in practice, PPP still encounters many hindrance. The technocratic work of PPP has not been fully able of penetrating the national infrastructure market and industry, and has not effectively overcome the hindrance in terms of regulation, institution and financing. This theses uses descriptive normative legal research, which prioritized primary data in the form of primary, secondary, and tertiary legal materials. This study refers to the main legal material by examining the theorises, concepts, legal principles, and legislation related to this research. The result show that law construction of PPP in Indonesia is generally regulated in Presidential Regulation 38/2015 concerning Government Cooperation with Business Entitites in Provision of Infrastructure in which regulate the types of infrastructure that are allowed to be built through the PPP.  Generally, PPP financing scheme in Indonesia uses BOT concession contracts, which Government is obliged to provide land that are needed for infrastructure development and private parties who will spend funds to build the infrastructure. In case of dispute in the PPP agreement, the dispute resolution process will be conducted through mediation, conciliation, and arbitration.   Keyword: Public Private Partnership (PPP), Build Operate Transfer (BOT).
PERAN OTORITAS JASA KEUANGAN DALAM PERMOHONAN KEPAILITAN PERUSAHAAN ASURANSI (ANALISIS PUTUSANNOMOR 1016 K/PDT.SUS-PAILIT/2016) Sari Rezeki Indra; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Article 50 of Law No. 40 of 2014 on R.I No. 40 of 2014 concerning insurance, a request for bankruptcy statement against an insurance company, an Islamic insurance company, a reinsurance company or an Islamic reinsurance company pursuant to a law submitted by the Financial Services Authority. The problem is the regulation of the role of the Financial Services Authority in the insurance bankruptcy application, the role of the Financial Services Authority in the insurance bankruptcy application and the legal consequences arising if the insurer is declared bankrupt (Case Study Decision Number 1016 K/Pdt.Sus-Bankrupt /2016). The method is normative legal research. The data source is secondary data. An important data analysis in a framework study provides an answer to the problem studied. The conclusion is a request for bankruptcy statement against insurance companies, sharia insurance companies, reinsurance companies or sharia reinsurance companies only submitted by the Financial Services Authority. The centralized system of regulation and supervision of financial services and financing including the filing of bankruptcy statements of financial services and financing institutions including insurance companies essentially aims to ensure the interests of all parties in order to create a stable economic system through the financial services sector and insurance company financing. Legal consequences arise if the insurance company declared bankruptcy resulted in the entire property of the debtor bankrupt in the public confiscation so that the debtor bankruptcy loses his right in civilian control and take care of his wealth including bankruptcy property, since the date of decision of bankruptcy statement is pronounced.   Keywords: Bankruptcy, Insurance Company, Authority Of Financial Services.
KEDUDUKAN PELAKU TINDAK PIDANA PENCUCIAN UANG YANG DAPAT BERTINDAK SEBAGAI WHISTLEBLOWER & JUSTICE COLLABORATOR DALAM PROSES PENEGAKAN HUKUM Armia Pahmi; Bismar Nasution; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : The position of justice collaborator and whistleblower as a subject and witnes of money loundrey of course could help Law Enforcement Agencies to come criminal act that had relation to money loundrey. The problem of the study of this research were how the background of justice collaborator and whistleblower growed in Indonesia was, how the regulation of justice collaborator and whistleblower in Indonesia was and how the position of criminal act in money loundrey that could become as justice collaborator and whistleblower. The method of this research used Normatif Law Research which was pointed to the law norms that had in legislation and court judgement. The backround of justice collaborator and whistleblower in Indonesia was begund from whistle blower in England if there was a criminal. Meanwhile the regulation of justice collaborator and whistleblower could be seen in Supreme Court Circular Letter No. Year 2011 about whistleblower and justice colabolator in particular case. Constitution No. 13 year 2006 about victim and witness and changing namely Constitution No. 31 Year 2014. Whistleblower was a witness informant while justice colaborator was a witness and a person who did criminal in money loundrey. KeyWords : position of whistleblower; justice collabolator; and money laundry.
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