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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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EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA YANG DIRAMPAS UNTUK NEGARA (Studi Putusan Hakim Pengadilan Negeri Balige) Eduward Eduward; Mahmud Mulyadi; Madiasa Ablisar; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law of Criminal Procedure ( Criminal Procedure Code ) determines that the confiscated items that are restricted or prohibited for circulation, seized for use for the benefit of the country or to be destroyed. Formulation of the problem by Judge Law Enforcement Against Narcotics Crime Evidence in Decision District Court Judge  of  Balige. Narcotics Precursor and tools or goods used in the crime of Narcotics or relating to narcotics and results in stripped to the State does not have the legal certainty. Execution of Narcotics evidence was carried out by the State Attorney Balige has not been effective (based on juridical and non juridical constraints) . Keywords ; Execution evidence, narcotics, seized state
TANGGUNG JAWAB PERUSAHAAN PENERBANGAN TERHADAP KERUGIAN BARANG BAGASI TERCATAT PENUMPANG PADA PENERBANGAN DOMESTIK (STUDI PADA PT.GARUDA INDONESIA AIRLINES MEDAN) Harry Fauzi; Hasim Purba; Jelly Leviza; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Air transport is an activity is the transportation of passengers and goods in one or more travel from one airport to another airport, which is one of the important means of air transport then has to be laid out in such a way so that it is able to manifest the protection security, the safety of passengers, baggage and goods are recorded, which has responsibility for passenger and baggage items listed, as listed in Articel 144 and 146 Chapter Law Number 1 Year 2009 on a Flight that is the basis of the carrier against the baggage items listed passengers who suffered losses during the flight, having regard to the magnitude of the damages given to transport to passengerd listed in the regulation of the minister of transportation Number 77 in 2011 About The Responsibility of air freight Carrier. Therefore, this thesis seeks to analyze the legal protection of baggage items listed passengers, the loss of the carrier’s responsibility and how a dispute over luggage goods recorded a loss of passengers.   Key Words: Responsibility, The Airlines, The Baggage Is Recorded
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 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
TINJAUAN YURIDIS TERHADAP PERMOHONAN SITA MARITAL ATAS SENGKETA HARTA BERSAMA DILUAR GUGATAN PERCERAIAN MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NO. 2188/PDT.G/2012/PA JS) Azirah Azirah; Hasim Purba; Idha Aprilyana; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Joint property is one of the factors that cause a friction and a conflict in a marriage. The conflict appears because one of the parties usesthe joint property extravagantly. Consequently, the injured party can file for “marital confiscation”. The research results show thatthe requestsof marital confiscation on the conflict of the joint property are divided into two that is;firstly, marital confiscation done because of divorce claim as stipulated in Article 24 paragraph (2) letter c of PP No. 9/1975, Article 78 letter c UU No.7/1989, Article 136 paragraph (2) letter b of KHI, and secondly out of divorce claim in Article 95 paragraph (1) of KHI and Article 186 of Civil Code. However, in the broader sense, the request covers some conflicts between a husband and a wife that is in a divorce case, distribution of joint property case, and actions that endanger the joint property. In the ruling of civil case No. 2188/Pdt.G/2012/PA JS, it is found out that the reason why the marital confiscation is filed by a wife as the Petitioner is that there is an allegation or a suspicion that her husband as the Respondenthas a backstreet relationship with another woman that in this case the Respondenthas been reasonably suspected to use the joint property extravagantly. In the Ruling, the Judge of South Jakarta Religious Court has refused all of the Petitioner’s requests for the marital confiscation because the evidence element is not fulfilled during the hearing process of the joint property case. Besides, the Penal of Judges considers that the application of the article used by the Petitioner is not appropriate. Therefore, people should be more careful to apply the article on the marital confiscation they fileso that the legal effort done is not useless.   Keywords: Marital Confiscation, Joint Property, Marriage
UPAYA HUKUM PENGESAHAN PERKAWINAN BAGI PERKAWINAN YANG TIDAK DICATATKAN DITINJAU DARI UU NO. 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM (KHI) Eko Gani PG; Hasballah Thaib; Hasim Purba; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Basically the marriage is the emotional and physical bond between a man and woman as husband and wife with the aim of forming a family (household) happy and everlasting based on the Supreme Godhead as stated in Act 1 of 1974 about the marriage Article 1 The marriage is the way advocated by Religion, Law and Culture in order to keep individualis away from bad things such as adultery, sexual deviation, and others. Marriage is lawful if done according to the religious law of each article 2 paragraph 1 of Act No. 1 Year 1974 and in paragraph 2 mentioning each marriage is registered according to the prevailing laws and regulations. However, in fact the marriage are also not registered, resulting in the loss of rights of the parties to the marriage. Based on the research results could be concluded that are several factors that affect the marriages  are unregistered, both economic factors where marriage took place. Furthermore, the unregistered marriage  also gives legal effect to the parties, according to Act No. 1 of 1974 article 2, paragraph 1, that marriages which are carried out according to their respective religious law are considered valid but according to Act No. 1 of 1974 article 2 paragraph 2 dose not fulfil the administration as determined by legislations. And the legal efforts that can be taken by the parties who did the unregistered marriage by way of proposing the marriage Itsbat and marriage   Keywords : Itbat, The Legal Efforts, Endorsement, The Unregistered Marriage.
ANALISIS HUKUM GANTI RUGI TANAH MASYARAKAT UNTUK PEMBANGUNAN JALAN TOL MEDAN-KUALANAMU-TEBING TINGGI (STUDI DESA BANGUN SARI KECAMATAN TANJUNG MORAWA KABUPATEN DELI SERDANG) Rizky Feb Riansyah Hasibuan; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bangun Sari Village Community, Tanjung Morawa Sub-district Deli Serdang Regency whose homes and land have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway, feels aggrieved by the government's policy to raise the recently replaced land price Loss or in 2016. In the period of 2013-2015 the people whose land and houses have been compensated at Rp.236.000/meter (two hundred thirty six thousand rupiah/meter) regardless of the status of land ownership of either the Certificate of Property (SHM) Or other rights basis are all paid at the same price. However, it is very different from some of the people of Bangun Sari Baru Village whose homes and land were compensated in 2016 have increased dramatically to 300% (three hundred percent) and added some additional clause items starting from non-physical losses (premium, Solatium, and transaction costs) and the compensation of the waiting period. Therefore, it is necessary to examine the basis of the compensation arrangement for land taken by the state for the public interest. Non-compliance with compensation for houses and land obtained by the community of Bangun Sari Village, Tanjung Morawa Sub-district of Deli Serdang Regency for the construction of Medan-Kualanamu-Tebing Tinggi Highway. Efforts that can be made by the people of Bangun Sari Village, Tanjung Morawa Sub-district, Deli Serdang Regency, due to inconsistency of compensation for houses and land that have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway.   Keywords: Toll Road, Public Interest and Indemnification
KEDUDUKAN HUKUM KREDITOR SEPARATIS DALAM PEMUNGUTAN SUARA PADA PENENTUAN PERDAMAIAN DI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA PERKARA NOMOR 015/PUU-III/2005) Nurjannah Siregar; Sunarmi Sunarmi; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Separatist creditor is a holder of pawn, fiduciary collateral, hypothecation, or security right of other objects; he can execute his right as if there were no bankruptcy as it is stipulated in Article 55, paragraph (1) of Law No. 37/2004 on Bankruptcy and PKPU (Suspension of Debt Payment). This Article states that creditor can also request to PKPU which enables debtor to propose reconciliation for PKPU. However, in Article 228, paragraph (6) of Law No. 37/2004 on Bankruptcy and PKPU states that PKPU is not in effect for separatist creditor; the person in charge of determining debtor to get his right of PKPU is unsecured creditor, and it becomes one of the applicant’s propositions in requesting for Judicial Review of Law No. 37/2004 on Bankruptcy and PKPU on the 1945 Constitution. The result of the research showed that there werw inconsistencies  in the regulation of Law No. 37/2004 on Bankruptcy and PKPU, againts setting legal domicile separatist creditor in voting to determine reconciliation in PKPU. This legal uncertainty of separatist creditor’s voting rights in determining reconciliation can cause the loss of separatist creditor’s right and status; he will get the lowest compensation of the value of collateral as it is stipulated in Article149 and Article 281, paragraph (2) of Law No. 37/2004 on Bankruptcy and PKPU which will probably be potential for the existence of fictitious creditors and collusion in the reconciliation plan. The Ruling of the Panel of Judges of the Constitutional Court of the Republic of Indonesia No. 015/PUU-III/2005 is considered not accurate and not objective since it does not consider any negative potentials which can occur in bankruptcy case when separatist creditor does not have any legal domicile in the voting for reconciliation in PKPU.   Keywords: Separatist Creditor, Determining Reconciliation, PKPU (Suspension of Debt Payment)
ANALISIS HUKUM PENGUASAAN TANAH BEKAS HGU OLEH PETANI PENGGARAP (STUDI PENGUASAAN TANAH BEKAS HGU PT.PERKEBUNAN NUSANTARA II OLEH KELOMPOK TANI BERJUANG MURNI DESA MARINDAL 1) Saddam Hussein; Syafruddin Kalo; Hasim Purba; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The polemic against access to the distribution of land since the colonial era until now has not found the light of many already the regulations of the Constitution and the MPR TAP until the following rules governing the ownership, designation and management of land. Sometimes the law looks like it is unfair to the peasants, but if it is to be said the law has been arranged in such a way as to ensure legal certainty and legal justice. The problem lies in the state institutions that do not quickly see the problem of land as the case of the former HGU PTPN II area which in fact the land must be linked to the implementation of Landreform in Indonesia.The rights to work on the land have not been clearly written like other rights in the Basic Agrarian Law, but can be interpreted and found in some UUPA Articles and in other laws related to the implementation of land reform, on State lands designated as The object of redistribution is first given "permission to work" before being increased its right to property rights. The lands that are the object of redistribution in the framework of land reform implementation, as specified in PP no. 224 of 1961 which amended by PP 41 of 1964. After the lands are designated as objects of redistribution, the Bupati as the official in charge of implementing land reform in the regency area issues the license to work on the redistribution recipients as determined by Keppres 55/1980 and Kep.MDN No.38 1981. Permit to apply is granted For a maximum period of 2 (two) years and to tenants shall be obliged to pay to the State equal to one third of the harvest or money worth of it. The chronology of the struggle of this purely struggling peasant group began in 2000 which after expiration of the period of the Right to Use Business PT. Perkebunan Nusantara II Marendal Garden I community ran the land by cultivating to increase the daily necessities of life due to the monetary crisis that befell their family life at that time, so with such conditions that Village Head Marendal 1 (Surya Ratsin) and Pataksak Head (Nasbul Siregar) issued and issued Land Acquisition Letter (SKT) on former Land Usage (HGU) land of PTPN II Marendal Village 1, for example: SKT number 592.1 / 4086-3- issued by Village Head and based on information Submitted by the Head of Village and Camat that a part of the above mentioned land will be issued Certificate (SKT) from the sub-district number 592.1 / 408603. Keywords        : Hak Guna Usaha, Garapan Rights Society , PTPN II
PELAKSANAAN PERKAWINAN BEDA AGAMA DENGAN PENETAPAN PENGADILAN NEGERI DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN DAN UNDANG-UNDANG NO 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN (Analisis 3 (tiga) Penetapan Pengadilan Negeri di Indo Rurin Tiopani Tambun; Hasim Purba; Utary Maharani Barus; Yefrizawaty Yefrizawaty
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Marriage is an event which is important in human life. Marriage is also regarded as something sacred because every religion always connects the rules of marriage with religious principles. Along with the development of the era, the phenomenon of different religious marriages are not a new thing in Indonesia. The methods used in this thesis is normative juridical research. The results show that the implementation of different religious marriages with the  Determination of State Court according to The Enactment of Law No. 1 of 1974 about Marriage is law does not recognize the different religious marriages. While the implementation of different religious marriages with the determination of the State Court according to The Enactment of Law No 23 of 2006 about Population Administration is to apply the establishment of marriage of different religions to the registrar of State Court, then will be examined by the judge in court, and then the Judge will order the Department of Population and Civil Registry to record the marriage of the different religions. Consideration of the judges in giving the different religious marriage license are using Article 35 of Enactment of Law No. 23 of 2006 about Population Administration, MARI’s determination No. 1400K / Pdt / 1986 dated January 20, 1989, Article 27 of the 1945 Constitution, and Article 10 paragraph (1) and (2) of Enactment of Law No. 39 of 1999 about Human Rights. The legal consequences of the determination of the State Court is marriage of the different religions is a invalid marriage. Because the marriage of different religions has violated the provisions of Article 2 paragraph (1) regulating the validity of marriage and Article 8  which regulates the marriage ban in The Enactment of Law No. 1 of 1974 about Marriage. Children born in different religious marriage will be an illegitimate children, because they are inconsistent with the contents of Article 42 of the Marriage Law.   Keywords: Marriage, Different Religions, Legal Considerations
ANALISIS YURIDIS PENYELESAIAN KREDIT BERMASALAH ATAS JAMINAN GADAI DALAM PRAKTEK DI PEGADAIAN STUDI PADA PT. PEGADAIAN PERSERO CABANG RANTAUPRAPAT Muhammad Rudini Harahap; Hasim Purba; Megarita Megarita; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The results of the study indicate that problem loans in PT. Pegadaian (persero) Branch Rantauprapat in the last five years (2012-2016) the are fifty cases caused by the following factors, first because of the unstable price of oil palm commodity which is the main source of local revenue Labuhanbatu, secondly because the business owned by the customer suffered a loss, third because there is no good faith from customers to pay off debt, and the last causal factor of the customer abusing the credit provided. The sale of the object of the mortgage guarantee is by the parate eksekusi by the pawnshop, associated with the rules Otoritas Jasa Keuangan (OJK) number 31/POJK.05/2016 about the pawnshop effort under article 24 paragrafh (3) the sale of the pledge security object can be done in to ways : the customer sells his or her own guarantee object of authorizes the pawnshop to make a sale against the pledge object. Sale against the object of the morgage guarantee that can not cover the debt, then the customer is responsible for the remaining debt. If the customer can not pay off the remaining debt, the impact received by the customer in the next stage of the customer can not make a loan if a time requires funds because the customer’s identity has been on the black list. The black list can last two years or more. Keywords : Nonperforming Loan, Mortgage Guarantees
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