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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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ASAS KEPATUTAN DALAM PEMBERIAN GANTI RUGI DAN KOMPENSASI OLEH PT. PERUSAHAAN LISTRIK NEGARA (PERSERO) ATAS TANAH MASYARAKAT (Studi pada Pembangunan Jaringan Kabel Saluran Udara Tegangan Ekstra Tinggi (SUTET) di Kabupaten Langkat dan Kota Binjai) Marasamin Ritonga; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

Based on the legal handling on the compensation for the people who were harmed by the construction of SUTET Cable Network which was resulted in the agreement by both parties (PT. PLN (Persero) and the people), followed by the opinion of the District Attorney, it could be concluded that: The principle of compatibility played an important role in determining the achievement and the application of justice and certainty as the responsibility of the stakeholders for their performance and willingness to comply with their agreement. The process of the principle of compatibility through the agreement by reconciliation as the realization of the living custom with transparency and consanguinity could set aside the policy of the Decree of the Minister of Mining and Energy No. 975 K/47/MPE/1999. In maximizing its function and responsibility, PT. PLN (Persero) should admit that economic development is more advanced than the written record. In order not to be long-winded in the concept of compensation, it is necessary to be brave enough in internal improvement in prioritizing the need for justice and the need for legal certainty so that the goal is more prioritized than the procedure in taking the responsibility   Keywords: Principle of Compatibility, Compensation, Justice
PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU ATM TERTELAN DITINJAU DARI UU NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NO: 77/PEN/BPSK/MDN/2012) Donny Mangiring Tua Siburian; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transaction by using ATM (Automatic Teller Machine)  has  to  be  sure  that his ATM card can withdraw money and secrecy of PIN (Personal Identification Number).  A legal case in the ATM working system occurred that his ATM card was stuck in the machine and surprisingly he lost Rp. 76,800,000  from his accounts. The result of the research showed that protection for consumers in using ATM cards which are taken in ATM machines is regulated in Article 19, paragraph 1 of Law No. 8/1999 on Consumer Protection, Article 29, paragraph 5 of Law No. 10/1998 on Banking, the Regulation on Financial Service Authority No. 1/POJK.07/2013, and the Regulation of Bank Indonesia No. 16/1/PBI/2014 on Protection for Consumers as the Users of Financial System Service. It is recommended that regulation on legal protection for consumers whose ATM cards are taken in ATM machines,  the uniformity of judge’s decision in  BPSK verdict with the Court’s Ruling should also be established. Keywords: Legal Protection, ATM Card, Consumer Protection
PERWALIAN TERHADAP PENGURUSAN HARTA ANAK DI BAWAH UMUR (STUDI PENETAPAN PENGADILAN AGAMA BINJAI) Widya Widya; Tan Kamello; Rosnidar Sembiring; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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The authority of the judiciary to give guardianship of religion against the management of the property related to children under legal protection of the child's property is in absolute terms the judiciary has the authority to give religious rights of guardianship against the management of the property of minors upon petition of the closest family the child custody determination of a court through religion. The responsibility of a guardian appointed by the Court to oversee religious treasures children under in the guardian does not exercise its obligations properly is the responsibility of the child's property is under guardianship as well as losses incurred due to the fault or negligence. Consideration of law made by judges in the determination of the custody of property management related children under IE the judge has the right judges law give consideration in accordance with the regulations and the provisions of the legislation relating to such matters. As for the consideration of the Tribunal judges who favor legal purposes namely benefit in line with the objectives of Islamic law that is giving the benefit of the people, though in Islam has been to explain that the mother, father, or sibling is a trustee for the son or brother of the applicant who are still minors. Keyword : Guardianship, Children Treasure, Religion Court
PRINSIP TANGGUNGJAWAB PRODUK (PRODUCT LIABILITY) ATAS PENARIKAN KENDARAAN BERMASALAH OLEH PELAKU USAHA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Novanema Duha; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Getting proper life and legal protection is right for every citizens, especially consumers. The same is true to product recall; legal protection for consumers is highly needed since there is the liability of a business person of his product. The problems of the research were as follows; how about product liability in the law on consumers and legal protection for consumers could be effective on product recall by a business person, the provision of product recall performed by foreign automotive companies which product marketing was done in domestic market, and the liability of a business person regarding product recall done by him. Keywords: Product Liability, Product Recall.
PERLINDUNGAN HUKUM TERHADAP DEBITUR (PELAKSANA PEKERJAAN) DALAM PELAKSANAAN PERJANJIAN UPAH BORONG (PARTISIPATIF) DALAM PROYEK SWAKELOLA DI LINGKUNGAN PEKERJAAN UMUM KABUPATEN DELI SERDANG Taufik Hasudungan Sihotang; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Government procurement of goods and service is a very essential part in the process of implementing the development. Without adequate equipment and infrastructure, the implementation of government’s work will be disturbed and it will not achieve the maximum results. In order to achieve such results, comprehensible legal regulations are required, especially regarding rights and obligations of parties that execute the work. It is closely related to the agreement made in the implementation of contracted works as stipulated in Article 1601 b of the Civil Code. According to the agreement, the work results can be accounted for in terms of its physic, finance, and usefulness for the uninterrupted flow of government work and service. The thesis discusses some problems, namely how the protection for debtor (work executor) is in the agreement to the contracted work wages (participating) in self management project at the public works of Deli Serdang Regency and how the protection for debtor (work executor) is in the implementation of the agreement to the contracted work wages (participating) in the self management project at the public works of Deli Serdang Regency. The thesis uses analytical prescriptive judicial normative research method. It used the theory of Legal Protection. The data were gathered by using primary, secondary, and tertiary legal materials, supported by approach methods, namely statute approach, conceptual approach and case approach. The gathered data were analyzed qualityatively.  The results showed that: First, in the agreement to the contracted work wages between the debtor (private party/contractor) and the creditor (government /employer), the debtor had weaker position compared to the creditor. The debtor is vulnerable to endure loss that was uncertainly paid by the creditor. Secondly, the agreement to the contracted work wages did not reflect balance principle in which the debtor bear their own obligations, for which in this research the debtor took legal action to obtain legal protection, so that the agreement world reflect the balance principle.   Keywords: Legal Protection, Debtor (Work Executor), Self Management
PEMBERIAN KREDIT DENGAN JAMINAN TANAH SURAT KETERANGAN (SK) CAMAT PADA PT. BANK RAKYAT INDONESIA (PERSERO) Tbk. CABANG MEDAN SISINGAMANGARAJA Muhayminah Muhayminah; Tan Kamello; Utary Maharany Barus; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Giving credit to the land security Certificate (SK) Head carried out by PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja to facilitate the debtor in obtaining loans for micro-enterprises, but SK Head can not be done Encumbrance because not registered in the State Land Board that need to disertipikatkan. Based on the above background that problems found first legal power of SK Head over land ownership, two credit granting process with guaranteed SK Head at PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja, and three legal protection against creditors in their lending with collateral land use Letter Head.   Keywords : Bank , Credit, Guarantee, Letter Heads
PENYELESAIAN PINJAMAN BERMASALAH DALAM PROGRAM PINJAMAN DANA BERGULIR UNIT PENGELOLA KEGIATAN (UPK) PNPM MANDIRI PERDESAAN KELOMPOK SIMPAN PINJAM PEREMPUAN (SPP) DI KECAMATAN KARANG BARU KABUPATEN ACEH TAMIANG DITINJAU DARI PERSPEKTIF KITAB UNDANG-UNDANG Iqbal Mursalin; Tan Kamello; Yefrizawati Yefrizawati; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Implementation of the revolving fund by CGU is part of PNPM MP that aims to improve the economic welfare of the family in the countryside. It also dilakuakn in KarangBaru where the majority of the population who are women just graduated from high school, but the system of revolving funds in UPK with the communities do not have a clear legal position on the legislation in Indonesia. Based on the above background found the problem: First, lending procedures revolving fund UPK to the SPP in KarangBaru district of Aceh Tamiang viewed from the perspective of the draft Civil Code, two factors that cause bad loan revolving fund UPK against group SPP in KarangBaru district of Aceh Tamiang, completion of non-performing loans in the UPK program revolving fund against the SPP in KarangBaru sub-district of Aceh Tamiang viewed from the perspective Seen from the perspective of the Book of the Law of Civil Law.   Keywords : Settlement, Troubled Loan, Revolving Fund, UPK
TANGGUNG JAWAB MASKAPAI PENERBANGAN ATAS KEAMANAN PENUMPANG DALAM RUTE PENERBANGAN NON IZIN DI TINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Mhd. Subhi Solih Hasibuan; Tan Kamello; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Any air flight accidents always result in losses for passengers either moral or materill which of course gave birth to prolonged legal issues, particularly with regard to the legal responsibility of the airline or carrier (carrier) against passenger and owner of the goods, as the parties to the agreement as well as the carriage as a consumer, especially if an accident on a flight without permission. The issue raised in this research, i.e. how legal consequences for businessmen who do tort related infringement safety for passengers on the flight routes of non consent, the responsibility over the security of airline passengers in the flight route to non permission, and the form of compensation the airline cannot satisfy the security factor for passengers on the flight routes of non consent.   Key Words: Responsibility, Aviation, Non Consent
SANKSI HUKUM TERHADAP LEMBAGA PERBANKAN YANG TIDAK MENDAFTARKAN JAMINAN FIDUSIA DALAM PRAKTIK PEMBIAYAAN KREDIT PEMILIKAN MOBIL (STUDI DI PT. BANK X) Yosef Warmanto Panggabean; Tan Kamello; Edy Ikhsan; Utary Maharany Barus
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The reason of the Banking Institution needs to register Fiduciary Guaranty in Car Ownership Credit Financing is to provide legal certainty to the interested parties. The most important factor not registered Fiduciary Guaranty is because the registration fee of fiduciary guarantee is too high causing the Debtor (Customer) Does not register its Fiduciary Guarantee, the finance company may be subject to sanctions in the form of warning, suspension of business activities, and revocation of business license.   Keywords : Sanctions, Warranties, Fiduciary, Banks
ANALISIS HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH PENGEDAR DAN PENGGUNA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Donny Alexander; Suhaidi Suhaidi; Tan Kamello; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Article 1, point 1 of Law No. 35/2000 on Narcotics states that narcotics is substance or drug which comes from plants or non-plants, either synthetic or semi-synthetic. Consuming narcotics can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotics in which there is tug-of-war between health approach and criminal approach so that it is interesting to see the legal position of narcotics users. It is difficult to find out the meaning of the expression, “narcotics user” as a subject (human being) in Law No.35/2009 since it uses many verbs. According to the Indonesian dictionary, the term, “user” is a person who uses something. When it is related to Article 1, point 1 of Law No. 35/2009 on Narcotics, it can be said that narcotics user is a person who uses substance or drug which comes from plants, either synthetic or semi-synthetic which can cause the decrease or change in consciousness, insensitivity, pain relief or no pain, and dependence. There are many types of narcotics as stipulated in Law No. 35/2009 on Narcotic. The term, “narcotics user” is used to make it easier for people to call a person who uses narcotics and to distinguish it from the grower, producer, distributor, courier, and dealer of narcotics.   Keywords   : Narcotics Abuse, Dealer and User, Law No. 35/2009 on Narcotics
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