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All Journal USU LAW JOURNAL Jurnal Pencerah Bangsa
Tan Kamello
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KEKUATAN EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN PENGEMBALIAN UTANG PEMBIAYAAN BERMASALAH PADA PRAKTIK PT. BANK MUAMALAT INDONESIA, TBK CABANG MEDAN Sherhan Sherhan; Tan Kamello; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The spirit of the birth of the Mortgage Act was a solution for the banking sector in terms of having control collateral that debtor financing problems as a source returns. After doing research on practice in PT Bank Muamalat Indonesia, Tbk which carry out executions Mortgage as a loan repayment guarantees for customers financing  problems and the results are not significantly the maximum. Parate execution and real implementation of execution has its own weaknesses and loopholes. Parate execution as UUHT has advantages in terms of legal loopholes guarantee control assets that are still occupied because mandatory evacuation filed suit to state court of domicile, in addition to the implementation of parate execution may also lead to a lawsuit or opposition from its own customers with reasons to be implemented through the courts. While the implementation of the execution of real legal certainly for directly by the district court through the command chair of the district court, but the process will take a long time because it must go through several stages of the process execution like Aanmaning, Determination confiscation execution, Execution of confiscation execution, Determination and the auction process. It’s make obstacles for the Bank's business turnover in healthy NPF (Non Productive Financing), this is a problem for the Bank in disbursing financing to the community. Keywords : Financing problems, Mortgage, Parate Execution, Real Execution
PENGAKUAN KEDUDUKAN ANAK DI LUAR PERKAWINAN DALAM KAJIAN HUKUM POSITIF Noviyanti Wulandari Sitepu; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Legal consequence caused by a legal marriage is that the child, born from it, will be a legitimate child who has civil law relationship with the parents. On the other hand, an illegal marriage will not have any ralationship with legal consequence. A child from an illegal marriage will become the target of social law caused by the biological mother and the genetic father. The position of as  child plays an important part in a marriage although the father may not recognize his child when the latter comes from an illegal marriage. The recognition of a child’s position is merely as a ‘recognized child’ (natuurlijk erkendkind) and not as a legitimate child (wettig kind) without being followed by a legal marriage. It can be formulated some problems as followed : 1) how about the background of a child’s position from an illegal marriage in the study of positive law, 2) how about the recognition of an illegitimate child’s position in the study of positive law, and 3) how about the implementation of an illegitimate child’s civil right in the study of positive law. Research better way to solved problem or to find answer from principal deduce and then systematic planning. Methodology is a logic based from scientific research. From the result of the research, it can be concluded that for the case which needs the provision of a marriage, judges do not need to refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010. They only needs to examine the completesness of evidence and hears witnesses who are prensented as applicants. For the case of recognizing an illegitimate child, judges refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010 as the consideration for the sake of the child. Keywords : Illegitimate Child, Recognition of Illegitimate Child, Civil Right of Illegimate Child.
PELAKSANAAN RESTRUKTURISASI KREDIT MACET BERDASARKAN PERATURAN BANK INDONESIA DAN HAMBATANNYA PADA PT BANK RAKYAT INDONESIA CABANG BINJAI Novrilanimisy Novrilanimisy; Tan Kamello; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bank Indonesia through the Regulation of Bank Indonesia No. 14/15/PBI/2012 on the Assessment on the Asset Quality of Commercial Bank. Credit restructuring is an attempt of a Bank to handle debtors who get difficulty in paying off their debts by decreasing interest rate, extending credit term, reducing the arrears of bank interest, reducing bank main arrears, increasing credit facility, and/or conversing credit to temporary equity. Bank Rakyat Indonesia also issued guidelines for handling credit through credit restructuring,based on the Circulation Letter of PT Bank Rakyat Indonesia No. S.12-DIR/ADK/5/2013. The parameter for determining non-performing credit which is worthy of getting restructuring is the debtors who get difficulty in paying off principal or credit interest and they should have good business prospect and are able to pay off their debt after it has been restructured. Some obstacles faced by Bank Rakyat Indonesia Cabang Binjai are as follows: debtors are difficult to cooperate, debtors are not transparent in conducting negotiation, Bank gets difficulty in approaching debtors since they are not cooperative, the content of the restructuring is not complied according to what has been agreed, credit restructuring is not supported by the information about the complete document about debtors’ businesses, and Bank finds it difficult to directly control debtors’ businesses. Keywords : Credit restructuring, Bank, non-performing credit
PRINSIP KEHATI-HATIAN DALAM BISNIS KARTU KREDIT PADA PT. BANK NEGARA INDONESIA SENTRA BISNIS KARTU MEDAN Liza Bayduri Nasution; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Credit card is one of products issued by banks. In credit card processing should be precautionary principles in order to the using of credit card does not emerge, which cause the loss foward the banks issuing credit card and the card holders. The problem of this study, such as How does PT.BNI Card Business Centre apply the precautionary principles in accordance of the internal rules of credit card business handling? What are the form of violation of the precautionary principles in the credit card busines activities? How does the accounttability  related to credit card business and the accomplishment of problem loans? Precautionary principles are applied in the credit card application process. The terms of the precautionary principle violation in credit card business activities may accur the time of the documents of the card applicant are not actually checked. In case of violation of precautionary principles occured by internal party the officer,concerned,sould be responsible for the violation. Keywords: Prudential Principle, Credit Card, Banking Regulation
ASAS ITIKAD BAIK DALAM PERJANJIAN PENDAHULUAN (VOOR OVEREENKOMST) PADA PERJANJIAN PENGIKATAN JUAL BELI RUMAH (STUDI PUTUSAN PENGADILAN NEGERI SIMALUNGUN NO 37/PDT/PLW/2012/SIM) Novalia Arnita Simamora; Tan Kamello; Rosnidar Sembiring; Jelly Leviza
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT PPJB (purchase contract) on housing is a preliminary agreement (voor overeenkomst) between a seller and a potential buyer as it is stipulated in Article 42, paragraph 1 of Law No. 1/2011 on Housing and Residence and in Kemenpera (the Decree of the Minister of Low-Cost Housing) No. 9/1995 which become the basis for PPJB as the preliminary agreement. Even though PPJB is consensual, it is made by paying attention to good faith principle as it is stipulated in Article 1338, paragraph 3 of the Civil Code. The party with good faith is given legal protection as it is stipulated in the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 251k/sip/1958. Therefore, this thesis attempted to analyze the legal consequence of PPJB made by PT Surya C in the perspectives of good faith and legal protection for potential buyers who had good faith. Keywords: Good Faith Principle, Preliminary Agreement, PPJB (Purchase Contract) in Housing
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

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
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
HAK SUARA KREDITOR SEPARATIS DALAM PROSES PENGAJUAN UPAYA PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Kemala Atika Hayati; Tan Kamello; Dedi Harianto; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment, do not allow the sound to be heard in a secure creditor approval peace efforts in bankruptcy unless the separatist creditors to waive his right to be but in the review of the decision of the Supreme Court No. 62 PK/Pdt.Sus/2012 considered it essential to secure creditor voice in decision making peace efforts. This leads to the need to be assessed on the direction of the voting rights in a secure creditor filing approval peace efforts under the Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment. Regarding the position of creditors separatists had no voice in the decision making peace efforts in Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment and the basis of the Supreme Court considers it important to pay attention to the position of creditors voting rights in decision-making separatist peace efforts. Keywords : Bankruptcy, Creditor Voting Rights Separatists, Filing Peace  Efforts.
PENERAPAN KLAUSUL EKSONERASI DAN AKIBAT HUKUMNYA DALAM PERJANJIAN PEMBIAYAAN MUSYARAKAH PADA BANK SYARIAH (Studi Putusan Pengadilan Agama Nomor 967/Pdt.G/2012/PA.Mdn) Nurjannah Nurjannah; Tan Kamello; Hasim Purba; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The implementation of exoneration clause in the judicial viewpoint of the Islamic Contract was contrary to Al-Qur’an, Hadits, and sharia principles like tyrannical aspect which could cause injustice for the parties concerned. Exoneration clause is also contrary to the principles in the Islamic Contract. The legal consequence of the implementation of exoneration clause in the Islamic Contract is a bad contract. In the Civil Code, Law on Consumer Protection, and the Rule of Financial Services Authority is null and void. The implementation of exoneration clause in the statement letter on musyarakah (capital participation) financing contract in the case of the Religious Court Number 967/Pdt.G/2012/PA.Mdn, the judges have applied the law to decide the exoneration clause does not have the binding force on the parties, so that the repayment of the financing is not the responsibility of the heir.   Keywords: Exoneration Clause, Legal Consequence, Musyarakah Financing.
TANGGUNG JAWAB ORANG TUA TERHADAP NAFKAH ANAK PASCA PUTUSAN PERCERAIAN BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Anjani Sipahutar; Tan Kamello; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Responsibility is a readiness to accept an obligation or duty. It means that the responsibility is innate and a part of human life, that every human being has his/her own responsibility, there will be somebody else forces him/her to be responsible. It is clear that if a marriage ends with divorced, parents (their family) are responsible to protect their children from any problem related to the presents world or the hereafter. This study was aimed to answer the problem of how Moslem Indonesian divorced parents were responsible for the living of their children, to look at the judge's decision that required a father to continue his responsibility after his divorced was violated, and to find out whether the law in concrete found in the decision of the judge of religious court had been in accordance with the legal norms regulated in the law. Keywords : Responsibility, Divorce, Child Maintenance
Co-Authors Ali Umar Harahap Anjani Sipahutar Dedi Harianto Donny Alexander Donny Mangiring Tua Siburian Edy Ikhsan Fidelis Haposan Silalahi Hasim Purba Indra Kurniawan Nasution Iqbal Mursalin Jelly Leviza Juliyani Juliyani Kemala Atika Hayati Liza Bayduri Nasution M Yahmin Mahmud Mulyadi MAHMUL SIREGAR Mahmul Siregar Marasamin Ritonga Marlina, Marlina Mhd. Subhi Solih Hasibuan Muhammad Syam Nasution Muhayminah Muhayminah NINGRUM NATASYA SIRAIT Novalia Arnita Simamora Novanema Duha Noviyanti Wulandari Sitepu Novrilanimisy Novrilanimisy Nurjannah Nurjannah Rosnidar Sembiring Runtung Runtung Sherhan Sherhan Sri Hartati Br. Nadapdap Suhaidi Suhaidi Sunarmi, Sunarmi Sutiarnoto Sutiarnoto Taufik Hasudungan Sihotang Utari Maharany Barus Utary Maharani Barus Utary Maharani Barus Utary Maharany Barus Widya Widya Yefrizawati Yosef Warmanto Panggabean