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

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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 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.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (Studi Beberapa Putusan Pengadilan Negeri di Indonesia) Perdana Eliakhim Manalu; Suhaidi Suhaidi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal sanctions against the perpetrators of acts of trafficking in persons has been regulated in law No. 21 of 2007 about the eradication of trafficking in persons. The disparity of the overthrow of the criminal are basically starting from the sanctions contained in Act No. 21 of 2007 about the eradication of trafficking in persons which opened opportunities due to the minimum and maximum limits of awarding the penalty. The application of criminal sanctions against the perpetrators of acts of trafficking in persons based on some of the verdicts in Indonesia are based on factors that unfold in the first trial, the public prosecutor's Indictment, the two witnesses, the third the fourth accused, details wares fifth and evidence based on clauses in the legislation. Legal measures to prevent trafficking in persons, namely: the first Step to prevention, awareness-raising on the rights, the danger of sexual exploitation or trick used by traffickers. Secondly, the Measures of protection which provides protection to the victim by means of an increase in the legal network, those steps running effective if various forms of guarantee and legal mechanisms in force. Third, step up rehabilitation/restoration of the post-rescue victims from addressing the crime of trafficking, especially victims who have experienced a bad psychological impact of trauma psychology, such as fear and anxiety, prolonged low confidence, guilt.
PERLINDUNGAN KONSUMEN TERHADAP NASABAH ATAS PENYIMPANAN BARANG DI SAFE DEPOSIT BOX (STUDI PADA PT. BANK PANIN CABANG PEMBANTU TEBING TINGGI) Wahyu Simon Tampubolon; Sunarmi Sunarmi; Hasim Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Safe Deposit Box Service is a kind of services of lending a storage box for property orsecurities which is specifically designed from the materials steel and placed in a space that is sturdy and fireproof for maintaining the security of the things and providing a sense of security for its users. Generally, the items that are stored in a safe deposit box has a high material value and very important for the customers of safe deposit box. Since the interest of people to use the safe deposit boxis high, it is a need to have any rules that protects the customers of safe deposit boxagainst the losses in case of lost or destruction of things stored in the safe deposit box. The bank must provide liability related to the lost or destructions of the thingsstored in the safe deposit box offered by the bank, and also it is a needed to have a special ruleswhich regulating the safe deposit box facilities as well as the resolving disputes related to the used of safe deposit box facilities, so there is a legal form of protection which can be a legal umbrella for the customer and the bank since both parties have a balanced position. Therefore there will be no aggrieved parties associated to the storage agreement of safe deposit box.
PERLINDUNGAN HUKUM TERHADAP PELAKSANAAN PENGANGKATAN ANAK DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Hamidansyah Putra Putra; Edy Ikhsan; Hasim Purba; Hasballah Thaib
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transparent and resolute regulation on adoption is highly needed, both in its regulation and in its protection. Today, the Government Regulation No. 54/2007 on the Implementation of Adoption, Law No. 23/2002 on Child Protection, and the Compilation of the Islamic Law regulate wajibah will for an adopted child. Discussion about adoption is usually related to adat (customary) law, the Islamic law, and western law in which people have different methods in different places in its implementation so that it is interesting to be analyzed. A research on child protection law about the implementation of adoption, viewed from the Islamic Law and Law No. 23/2002 on Child Protection, is a descriptive analysis which describes, explains, and analyzes laws theoretically and practically from the field. Keywords: Adopting a Child, Islamic Law, Child Protection
PERTANGGUNG JAWABAN BPJS KETENAGAKERJAAN TERHADAP PENYELENGGARAAN JAMINAN SOSIAL BAGI PESERTA EKS JAMSOSTEK Muhammad Febriansyah Putra; Budiman Ginting; Hasim Purba; Utary Maharany Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Social Security Law and the Law BPJS give meaning of the word "transformation" as a change in the form of BUMN Persero which organizes social security programs, a BPJS. Changes in body shape significantly change the characteristics of social security as an adjustment to change the philosophy of the organization of the social security program. Changes characteristic means a change of the legal entity that includes the establishment, scope of work and authority of the body which in turn is followed by changes in the organizational structure, working procedures and organizational culture. BUMN Persero social security consists of PT. (Persero) Askes, PT. (Persero) ASABRI, PT. (Persero) Jamsostek, PT. (Persero) TASPEN. Privaat fourth is a legal entity established pursuant to Law No. 19 of 2003 on SOE governance and subject to the provisions stipulated in Law No. 40 Year 2007 regarding Limited Liability Company. SOE transformation Persero be BPJS aims to fulfill the mandate of the funding principle and the principle of non-profit SJSN, where the funds collected by BPJS is a trust fund managed by BPJS participants to provide maximum benefit for the participants. Key Words : Accountability BPJS Employment; Implementation of Social Insurance; Former Participants of Jamsostek.
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
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 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.
TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PENJATUHAN HUKUMAN BADAN SEBAGAI PENGGANTI DALAM PEMBAYARAN UANG PENGGANTI DALAM PERKARA TINDAK PIDANA KORUPSI Bobbi Sandri; Mahmud Mulyadi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Regulation of punishment is found in other laws. The Penal Code does not limit punishment to the Law No. 31/1999, for example, regulates other punishments such as compensation for the corrupted; the additional punishment is indemnification. This principle is found in some regulations in the Penal Code. Article 38, paragraph 5 states that a defendant dies and evidence has done, the judge orders to confiscate the defendant’s objects.  The legal corporal punishment is found in Article 10 of the Penal Code. Judge’s punishment as the compensation for paying indemnity has two reasons: judicial reason and non-judicial reason in the Penal Code. When a defendant case dies before the alternative punishment is implemented, it is regulated in No. 31/1999  jo No. 20/2001 obtained through civil procedure and criminal procedure. Law enforcement, the prosecutor and the judge, should sue and decide to punish the perpetrators in corruption punishment by returning the assets to the State. More specific regulation should be implemented on returning the State’s assets in corruption case when the defendant dies prior to the corporal punishment in the judge’s verdict which is final and binding. Regulation should be carried out in the criminal law and regulate criminal responsibility to the corporal punishment as the compensation. Keywords: Corporal Punishment, Compensation, Corruption Case
Co-Authors Ali Umar Harahap Alvi Syahrin Azirah Azirah Bobbi Sandri BUDIMAN GINTING Dedi Harianto Dina Karlina Amri Lubis Edi Sutra Ritonga Eduward Eduward Edy Ikhsan Eko Gani PG Hamidansyah Putra Putra Hani Riadho Nasution Harry Fauzi Hasballah Thaib Idha Aprilyana Sembiring Jelly Leviza Kemala Atika Hayati Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Megarita Megarita Mhd. Subhi Solih Hasibuan Muhammad Febriansyah Putra Muhammad Hamdan Muhammad Rudini Harahap Muhammad Yamin Lubis, Muhammad Yamin Noviyanti Wulandari Sitepu Nurjannah Nurjannah Nurjannah Siregar Perdana Eliakhim Manalu Rizky Feb Riansyah Hasibuan Rosnidar Sembiring Rurin Tiopani Tambun Saddam Hussein Sherhan Sherhan Sri Hartati Br. Nadapdap Suhaidi Suhaidi Sunarmi, Sunarmi Sutiarnoto Sutiarnoto Syafruddin Kalo Tan Kamello Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Wahyu Ibrahim Wahyu Simon Tampubolon Yefrizawati Yefrizawaty Yefrizawaty