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BUDIMAN GINTING
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
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ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO: 124K/ TUN/2013, TENTANG TERBITNYA IZIN MENDIRIKAN BANGUNAN DI ATAS TANAH YANG MASIH DALAM SENGKETA DI PENGADILAN TATA USAHA NEGARA MEDAN Deliana Simanjuntak; Budiman Ginting; Sunarmi Sunarmi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Building permits rising over disputed land in State Administrative Court Medan. Before the building permit is issued, Plaintiff reported to the local office of spatial and building code field on the status of the land is still in the process of law (debatable), but the Agency for Spatial and building overlook the claimant report, which should Spatial Agency and the building had to postpone publication Building permit because there are reports plaintiff. Then Building permit issuance is not in accordance with the Decree Mayor of Medan No. 34/2002 junto Regional Regulation of Medan No. 5/2012 about Retribution Building permits, Article 13, point (b) Issuance of Building Permit may be delayed if there are complaints about land disputes or no legal proceedings in the building or land, either in written form or orally. The judges made a different decision: Administrative Court of Medan to cancel the building permit, and the State Administrative High Court of Medan supports the decision  the Administrative Court of Medan, but the verdict of the Supreme Court rejected the verdict Administrative High Court of Medan rejected the lawsuit and the Plaintiff. The verdict difference need to be analyzed and researched to find the correct legal value. Keywords: Issuance of Building Permit on a Disputed Land
ANALISIS HUKUM TERHADAP PERLINDUNGAN HUKUM BAGI INVESTOR DARI PRAKTEK WINDOWS DRESSING OLEH EMITEN DI PASAR MODAL Julia Agnetha Br. Barus; Bismar Nasution; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Information disclosure is an important element for the corporate world because information on the substance presents the description, notes or description of good for the State of the past and the latest of an enterprise and the market effect. But in reality, not all issuers disclose information that is actually about the fact material in the prospectus. If there is a breach of the principle of disclosure by issuers then issuers will be subject to administrative sanctions in accordance with Article 102 of The Capital Market Laws, namely in the form of a written warning, fines, namely the obligation to pay a certain sum of money, restrictions on business activities, freezing of business activities, business license revocation, cancellation of agreement and cancellation of registration. is an action that beautify the financial statements of a company. This is referred to as windows dressing. Windows dressings aims to enhance your company's image so as to attract investors to make investments. The practice of dressing the windows in the capital markets can still be said to be a reasonable course of action throughout the activities aimed to improve the company and not to the detriment of others. However, the practice of dressing the windows can be categorized as a criminal offence the capital markets if such activity creates information or issues misleading so as to affect the market mechanism. In the event of the occurrence of the windows dressing, the practice of legal protection afforded to investors could be done in a preventive and repressive. Preventative legal protection carried out by PT. Stock Exchange by doing a temporary suspension against securities trading. While the repressive legal protection carried out by OJK with conducting surveillance, investigation and the imposition of sanctions to any party proven to engage in the practice of cheating or fraud in the capital market. In addition, investors who feel aggrieved may do a lawsuit to the Court against the issuers that have been doing practice windows dressing. Keywords: windows dressing, investors, issuers.
PERTANGGUNGJAWABAN PEMEGANG SAHAM ATAS PERSEROAN PAILIT YANG DINYATAKAN TERUTANG PAJAK Gusfen Alextron Simangunsong; Budiman Ginting; Sunarmi Sunarmi; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A shareholder is not always liable for the number of stocks he has remitted when the corporation sustains a loss, include are liable for the paying off all debts of a bankrupt corporation. How is the liability of legal entity of a bankrupt corporation which is in tax liability according to tax law and how is the liability of shareholders for a bankrupt corporation which is in tax payble according to tax law? The liability of legal entity of a bankrupt corporation which is stated as tax payble according to tax law becomes the liability of a curator to organize the property of the bankrupt corporation stipulated in Article 32, paragraph 1, letter b of UUKUP. A curator begins to do his job and to take liability since the verdict on bankruptcy is handed down by the Commercial Court. Majority shareholders are liable for the paying off all debts of a bankrupt corporation which is in tax payble according to Article 21 in conjunction with Article 32 of UUKUP, based on public interest in which the State acts as the preference curator. Majority shareholders have the authority to determine the policy and decision making in performing the activities of corporation. Government must be make a  law or regulation to supervise curator in organizing the inventory of bankruptcy in paying off tax layble of a bankrupt corporation. Majority shareholders must be liability for the paying off the debts of a bankrupt corporation which is in tax liability, Shareholders should take individual liability when the minimum requirement of the shareholders is not fulfilled, counted if shareholders have bad faith or are illegal. Keywords:            Liability, Legal Entity, Shareholder, Bankruptcy, Bankrupt Corporation, Tax Liability
ANALISIS YURIDIS PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN DAN HUKUM PERJANJIAN Apri Amalia; Budiman Ginting; Agusmidah Agusmidah; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The labor agreement clause in PKWT in the form of a clause against the period of time the work done based on the type and nature of work, as well as a period in extension and renewal. The termination of the working relationship in the clause set in article 61 of ACT No. 13 of 2003 on Labor. Clause to rights and obligations is the trade off between the workers and employers. The main thing in the rights and obligations i.e. workers are entitled to a wage and employers shall be obliged to pay the wages, worker safety and health are entitled to work and employers are obligated to give it as well employers are entitled a good production results from the work of the workers. In the legal position of workers in article 59 paragraph (7) of the ACT. No.13 of 2003 on Labor  that  PKWT  implementation does not comply with legislation then turn into PKWTT and affirmed in Kepmenaker No. 100/MEN/VI/2004 in article 15. As for the protection of workers, namely the protection of the right to healthcare, protection of right to health care, protection of rights of security/safety and the right end of the working relationship in the form of severance money, money reimbursement rights and money Awards working period. Keywords: worker/labour, working time agreements, employment law, the law of treaties.
LEMBAGA KERJASAMA (LKS) BIPARTIT PERUSAHAAN DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KABUPATEN DELI SERDANG Rika Jamin Marbun; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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abstract Employer, employee/labor and government always take efforts to build an harmonious industrial relationship in any companies in order to achieve the high productivity and labor prosperous.  The harmonious industrial relationship will minimize any conflict in industrial relationship such as the employer and employee. One of efforts to prevent the dispute in industrial relationship  between employer and employee  is by establishment of forum of communication, consultation and mutual deliberation between the employer and representative of labor union in the company level as determined in the Act No. 13 of 2003 concerning to the labor affairs on article 106 that known as Bi party Mutual Cooperation Agent. The problem would analyzed in this thesis is how the existence of bi party mutual cooperation agency in regency of Deli Serdang, what the role and its function in the settlement of the dispute of industrial relationship and what the sanction  and the implementation of the sanction to the company that did not establish the bi party mutual cooperation agent. The applied method in this research is analytic descriptive with judicial normative study. The data from Labor and Transmigration office of Deli Serdang Regency in 2012 indicates that the number of dispute cases in industrial relationship were 84 cases and can be settled by bi party for 47.61%. in 2013, the number of case were 108 case and can be settled for 50.92%. in 2014, the number of industrial relation disputes were 134 cases and can be settled for 58.9%. Based on the number of cases as shown by the data of Labor and Transmigration office of Deli Serdang Regency,  bi party mutual cooperation agent (LKS) is required to prevent the dispute in industrial relation. The existence of this agent in the company will minimize the dispute in industrial relation between employer and employee if there is any dispute in industrial relationship that can be settled by by party. The government,  the minister of labor affairs is hope to issue the implementation rule of the administrative sanction so the labor and transmigration office will punish the company that have not bi party mutual cooperation agency (LKS). Keywords : Bi party Mutual Cooperation Agent and Industrial Relationship Dispute.
JAMINAN PERLINDUNGAN HUKUM TERHADAP PEKERJA/BURUH YANG MELAKSANAKAN HAK MOGOK DI INDONESIA Chairina Nopiyanti Sipahutar; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A strike is the basic right for employees/laborers which has to be protected by law. It has to be performed legally, orderly, and peacefully. The problems of the research were whether there was the relevance of a permit to go on strike to the implementation of the strike as the basic right of employees/laborers, whether law on Workforce provided legal protection for employees/laborers that went on strike, and whether there was legal constraint faced by them in going on strike. The research used judicial normative method by using primary, secondary, and tertiary legal materials. The data were gathered by conducting library research and analyzed qualitatively. Law on Workforce regulates legal strike in which, in its implementation, it is limited by complicated permit requirements and procedures for employees/laborers in going on legal strike. These complicated requirements and procedures become legal constraints for employees/laborers in struggling for their aspiration. However, Law on Workforce has many loopholes in the regulations on strike. Legal protection and the prohibition for the termination of employment and wages which should be paid during the strike are intended for those who go on strike legally. However, legal protection is only given to employees/laborers as far as they are on strike legally which is almost impossible to be done.  Based on the result of the research, it is recommended that law makers improve and complete the substance of the legal provisions which still have many loopholes. Besides that, in the future, the implementation of strike should prioritize the substance of the strike which is the basic right for employees/laborers to express their petition rather than fulfill formal requirements and the procedure of permit in carrying out strike.   Keywords: Legal Protection, Right to Go on Strike, Strike Permit.
PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
ANALISIS PELAKSANAAN PEMUNGUTAN RETRIBUSI TEMPAT KHUSUS PARKIR DAN RETRIBUSI PARKIR DI TEPI JALAN UMUM SEBAGAI SUMBER PENDAPATAN ASLI DAERAH KOTA PADANGSIDIMPUAN Irfan Fajri Rambe; Budiman Ginting; Mirza Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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  ABSTRACT An analysis of the implementation of retribution of parking-specific levies and public parking levies as a source of revenue for Padangsidimpuan city is how the arrangement, implementation, constraints and solutions in levies retribution of parking lots and public roadside parking as an effort to increase local revenue since the enactment regional autonomy. Levies of special parking spaces and public roadside parking are distinguished by the management and location of the parking. The problem in this research concerns how the arrangement of retribution levy of parking at public roadside and special place of parking as source of original income of Padangsidimpuan city?, how policy implementation which have been done by Padangsidimpuan city government in exploring potency of PAD through parking levy on public road and where special parking?, and how the curbing of the implementation of parking management proven violate the city regulation Padangsidimpuan no. 4 of 2010 and No. 5 of 2010?. This research is analyzed using fiscal decentralization theory and legal system theory. The research method is normative legal research method and is analytical descriptive with primary, secondary and tertiary legal material with technique and data collection tool, namely: library research and document study and interview. The regulation of parking fee retribution procedure shall be stipulated by regional regulation and regulation of regional head. Levies are collected by using SKRD or other equivalent documents. Padangsidimpuan municipal government policy to explore the potential of local revenue (PAD) through the collection of public roadside parking levies and special places of parking is regulated in Local Regulation Padangsidimpuan city no. 4 of 2010 on Public Service Business Levies and Local Regulations Padangsidimpuan city no. 5 of 2010 on Service Levies. the implementation of collection of parking fees is managed by the Department of Transportation Padangsidimpuan city. Efforts of Padangsidimpuan city government in order to implement parking management in violation of the provisions of City Regulation Padangsidimpuan no. 4 of 2010 and Regional Regulation of Padangsidimpuan no. 5 of 2010 by the local government through the Department of Transportation of Padangsidimpuan City oversees the management of parking and controlling through the imposition of sanctions.Keywords:            Levy Collection Analysis, Special Parking Area, Parking On Public Road, Local Revenue, Padangsidimpuan City
ANALISA YURIDIS PERTANGGUNG JAWABAN DIREKSI PADA PENGADAAN BARANG/JASA DI PT. BANK SUMUT (STUDI : PUTUSAN TIPIKOR PENGADILAN NEGERI MEDAN NO. 93/PID.SUS-TPK/2016/PN.MDN. JO. PUTUSAN PENGADILAN TINGGI MEDAN NO. 06/PID.SUS-TPK/2017/PN.MDN.) Muhammad Iqbal; Sunarmi Sunarmi; Budiman Ginting; Faisal Akbar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Board of Directors shall be the management of the company representing the company, both inside and outside the court. The legal norms implied in the provision that all corporate liabilities, both represent and management of the company, are on the shoulders of directors. In accordance with Article 97 paragraph (2) of Law no. 40 of 2007 regarding Limited Liability Company, states that: "The management of the company shall be carried out by every member of the Board of Directors in good faith and full of responsibility". If it is associated with the "Business Judgment Rule" doctrine being taught, the responsibility of the board of directors, the principle of "fiduciary duty". In this study will discuss: Implementation of procurement of goods / services within the Government (L / K / D / I), BUMN / D is associated with the source of funds derived from APBN / D; Legal consequences of directors' liability in the Annual General Meeting of Shareholders of the Company which have been declared acquit et decharge by shareholders; and the accountability of the Board of Directors of PT. Bank of North Sumatra in the procurement of rental vehicles and operational vehicles of PT. Bank Sumut Year 2013 in the Corruption Court's Ruling At the Medan District Court. 93 / Pid.Sus-TPK / 2016 / PN.Mdn. Jo. High Court of Medan Decision. 6 / Pid.Sus-TPK / 2017 / PT.Mdn.   Keywords          :     Accountability of the Board of Directors; PT. Bank Sumut; Procurement of Goods / Services.
AKIBAT HUKUM TERHADAP KREDITUR SEPARATIS DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 67/PUU-XI 2013 Fatimah Islamy Nasution; Budiman Ginting; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The decision of Constitutional Court No. 67 / PUU-XI / 2013 which has been issued granted article 95 chapter 4 specified in the Indonesia Labour law to minimum wages, causing the position of the separatist creditor in the process of fixing and ordering Boedel bankruptcy changed that the previous division of separatist creditors' Boedel bankruptcy property of having the privilege to be the first part.The rule has resulted in the Court's decision of the precedence to transfer it to the power as a preferred creditor. The situation has a legal effect on the parties involved in managing and securing assets bankruptcy.  The research that will be described in this thesis: How the position of Separatist Creditors before the decision of Constitutional Court, What is the legal effect to the separatist creditor after the decision of Constitutional Court number 67 / PUU XI / 2013, How is the application in handling and securing against the separatist creditor after the decision of Constitutional Court number 67 / PUU-XI / 2013. The research is conducted to explain and analyze the legal effect of the separatist creditor in the management and disposition of the property bankruptcy after the decision of Constitutional Court number 67 / PUU-XI / 2013. The results indicate the issuance of the decision of Supreme Court number 67 / PUU-XI / 2013, The legal consequences of the separatist Creditor after the decision of Constitutional Court in the fulfillment of its rights no longer precedence as has been done, that is the decision of Constitutional Court when a bankruptcy takes place whereas the fulfillment of its right is a separatist Creditor as the party that lends the capital.However the position of the separatist Creditor after the decision of Constitutional Court who initially came to be shifted to the workers because in the event of bankruptcy is often the most disadvantaged party to the laborer as in addition to its weak position in the bankruptcy process is also very dependent on the salary life earned from companies that bankrupt where the company is, the position of Separatist creditors who were formerly higher than the recent minimum wages.The conclusion is to get their payments receivable as wages; a worker has the right to predate a secured creditor. Keywords: bankruptcy, separatist creditors, workers' wages.
Co-Authors Abd. Harris Adelina Tarigan Adianto Lumbantobing Aditya Pranata Kaban Affila Aflah Aflah, Aflah Afnila Agsa, Muhammad Panji Autika Agusmidah Agusmidah Alvi Syahrin Alvi Syahrin Andi Nova Bukit Andjelina Panggabean, Lamsumihar Anggreni Atmei Lubis, Anggreni Atmei Angreni Fajrin Dalimunthe Anitha Rosmauli Nainggolan Anwar, Tengku Keizrina Devi Apri Amalia Ardiantha Putera Sembiring Ardo Sirait Arfandi, Muhammad Arnektus Simbolon Aulia, Kevin Ayu Lestari Tanjung Azwar, Tengku Keizerina Devi Barus, Utara Maharany Bastari Bastari, Bastari Bastari Mathon BISMAR NASUTION Bismar Nasution Bobby Kurniawan Bonardo Marbun BONATUA EDYNATA MANIHURUK Budiman, Syarioto Chairina Nopiyanti Sipahutar Chairul Bariah Chairunisa, Siti Charles Anom Cindy Cindy Ciptawan, Ciptawan Citra Valentina Nainggolan Dara Qurratu’ Aini Yusuf Dedi Harianto Deliana Simanjuntak Detania Sukaraja DIAN LESTARI Dila Afifah Dina Karlina Amri Lubis Dina Mariana Dina Mariana Edy Ikhsan Elsharia Tampubolon Endame Suranta Ginting Faisal Akbar Nasution Faisal Akbar Nasution Faisal Ramadhan Harahap Fatimah Islamy Nasution Fauzan Zaki Florence Margareth Hilda Harefa Fransiska Harahap Fuji SM Bako Ganang Pratama Grace Shinta Gusfen Alextron Simangunsong Harahap, Romulhan hasan siahaan Hasim Purba Hasim Purba Henry Sinaga Hiras Afandy Silaban Hutabarat, Sonita. E Indah Chairani Saragih Irfan Fajri Rambe Irwin Djono Ivan Jovi Hutauruk Jamilah Jamilah Jelly Leviza Johannes Mangapul Turnip Juanda Syahputra Juergen K. Marusaha. P. Panjaitan JULIA AGNETHA AGNESTA Br. BARUS Julia Agnetha Br. Barus Juniver Fernando Jusmadi Sikumbang Jusmadi Sikumbang Keizerina Devi Kristi Emelia Pasaribu Lubis, Mayang Sary Br M Budi Hendrawan M. Hamdan Madiasa Ablisar Maha, Rinto Maharani, Utary Maharany Barus, Utary Mahmud Mulyadi MAHMUL SIREGAR Mahmul Siregar Marbun, Liza Dameria Mayanti Mandasari Sitorus Melva Theresia Simamora Mhd Edwin Prananta Surbakti Mirza Nasution Muhammad Ekaputra Muhammad Febriansyah Putra Muhammad Iqbal Muhammad Iqbal Tarigan Muhammad Yamin Mulhadi, Mulhadi Musa Kevin Putratama Banjarnahor Nasution, Mirza Nasution, Muhammad Iqbal Nindya Irma Nur Ulfah O. K Saidin O.K. Saidin Parhorasan Tambunan Pendastaren Tarigan Prawira Kamila Prayogo Hindrawan Puput Dini Lestari Putra Hsb, Ibnu Habib Ryandi Syah Raissa Avila Nasution Ramadhan, M. Citra RAMLI SIREGAR Raymond Adytia Depari Riandy, Novi Rika Jamin Marbun Rita Deliana Manik Robert Robert Roli Harni Yance S. Garingging Rosnidar Sembiring Rudi Hartanto Rudy Haposan Siahaan Rudy Rudy Runtung Runtung Ruth Medika Sahbana Pilihanta Surbakti Saidin Saidin Saragih, Indah Chairani Sheren Murni Utami Siahaan, Gerald Partogi Sidabariba, Burhan Siegfried, Irene Elfira Dewi Sihombing, Harafuddin Sinaga, Oloan Ikhwan Maruli Tua Sinulingga, Tommy Aditia Sirait, Ardo Siregar, Bismar Parlindungan SIREGAR, KHAVIEZA Sitepu, Runtung Siti Chairunisa Siti Hajar SOPHIE DINDA AULIA BRAHMANA Sri Maini Nst STELLA STELLA Suhaidi Suhaidi Suhaidi Suhaidi, Sukarja, Detania Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi, Sunarmi Supandi Suprayitno - SUSPIM GP NAINGGOLAN Sutiarnoto - Syafruddin Kalo T. Keizeirina Devi A - T. Keizerina Devi T. Keizerina Devi Azwar T.K.D. Azwar Tengku Keizerina Devi Ucok Yoantha Utama, Rizki Angga Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Ventyrina, Ine Virginia Sitepu WINDHA WINDHA Yefrizawati Yuke Dwi Hidayati Zaidar Zaidar, Zaidar Zulfikar Lubis