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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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DERIVASI PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT DALAM PEMBERIAN KREDIT YANG DIJAMIN DENGAN GADAI (STUDI PADA PT PEGADAIAN (Persero) KANWIL I MEDAN) Sri Hartati Br. Nadapdap; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Prudential principle needs to be applied at PT Pegadaian (Persero) Kanwil I Medan with the aim of preventing a bad credit as well as maintain public confidence towards the existence of this institution as an institution who give credit that is securedby a pledge. The outline of problems which is found in this thesis are how the application of prudential principe in granting of credit secured by the pledge of, how the effectiveness at the application of prudential principle in reducing bad credit which is secured by pledge and the obstacles which is found at the application of prudential principle at PT Pegadaian (Persero) Kanwil I Medan. Method of this researchhas usedthe juridical normative research methods which are analytical and descriptive. This method used a legislation approached with the technique of data collection was library research, supported by doing interviews to some informants in order to obtain more complete and valid informations. The results of this research showed that in applying prudential principle, PT Pegadaian (Persero) Kanwil I Medan is using several legal regulations such as the financial services authority regulation number 01 of the year 2015 about risk management for non banking finance institutions and a few of regulations issued by the board of directors of PT Pegadaian (Persero). This institutions is also forming an internal unit as a way to apply prudential principle effectively. It also found that prudential principle is absolutely mandatory and enforced to be applied before give loans which is secured by a pledge to people.   Keywords : Prudential Principle, Credit, Pawn
TANGGUNG JAWAB PELAKU USAHA ATAS PERBUATAN KARYAWAN YANG MENGAKIBATKAN KERUGIAN KONSUMEN (Analisis Putusan BPSK Kota Medan No.119/Arbitrase/BPSK-MDN/2014 Hani Riadho Nasution; Hasim Purba; Dedi Harianto; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Responsibility is related to violation against a regulation and an obligation which has to be carried out based on an agreement and a legal provision. A business person can specify certain requirements without consumers’ consent. In consequence, consumers do not have any authority or right to realize the agreement in legal correlation. The research used descriptive analytical method with juridical normative approach. The data were gathered by conducting library research and collecting references dealing with the research object which includes secondary data obtained and gathered from the library research. The gathered data were analyzed qualitatively. The responsibility of a business person for his employee’s error in the case in BPSK of Medan is not fully his responsibility because consumers are protected by Law No 8/1999 on Consumer Protection. In the case of an automobile, Honda CRV, sold and used without any defect, the business person is not responsible anymore. The Ruling of BPSK Medan which accepts the claim from consumers is considered unjust by the business person because the content of the legal consideration does not analyze the error of the employee who has committed criminal act in forgery and the data of the consumer, but the objection of the business person by presenting evidence and witnesses is not considered.   Keywords: Responsibility, Employee’s Action, Consumer’s Loss
Konsinyasi Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Wahyu Ibrahim; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The problems of this thesis is whether the provisions of the consignment in the procurement of land for the construction of public interest in accordance with the care that is mentioned in the BW / Civil Code, why legally consignment justified in the procurement of land for development in the public interest, and whether care compensation (consignment) of the land used for construction of the public interest is in conformity with the principles of the agreement. This type of research used in this research is a kind of normative juridical research, descriptive analysis. The data analysis was conducted using qualitative analysis. The survey results revealed that the care for damages (consignment) in different land acquisition or do not fit as well as the shift in meaning with care as in the Civil Code, as consignment in land procurement relationship between the government and community objections regarding the huge amount of compensation given, whereas in the Civil Code to repay debt due receivables arising under a contract in an engagement relationship.   Keywords: Custody Compensation (Consignment), Land Procurement,  Public Interest.
Analisis Putusan Pengadilan Agama Dalam Perkara Pembagian Harta Bersama Akibat Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam : Studi Putusan-Putusan Di Pengadilan Agama Rantau Prapat Edi Sutra Ritonga; Hasballah Thaib; Hasim Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In the law of number 1, 1974 about the marriage in section one stated that marriage is the bond between a man and woman as a couple with a goal to form the happiness and everlasting family based on the believe in the one supreme God, therefore the marriage always hoped going on with the happiness, yet the certain condition the divorce is the case that cannot be avoided as a reality. Divorce is a law phenomenon that will bring the law results; one of them is a collective treasure. Section 37 of the verse 1 of the law number 1, 1974 about marriage states that if the marriage is break because of divorce, so the collective treasure will be set based on its laws, but didn’t determine how is the portion of husband and wife that divorced. The explanation of this section 37 states its laws are religion law, tradition law, and the other laws. In addition to the law number one, 1974 about marriage, in Indonesia also occurred the Islamic law compilation that related to division of collective treasure in the same manner as set in the section 96 and 97 Islamic Law Compilation. Based on those cases, so the problems that searched in this research is: how is the conducting of collective treasure division that caused of divorce in its practice in Rantau Prapat Religion Court and the obstacle in conducting of collective treasure division. The method approach that used in this research is juridical empiric approach and it is descriptive analytic. Based on the result of this research, can be concluded that the division of collective treasure based on the judge considerations dodge in determining verdict after examining and administering justice step by step based on procedure of civil law, so the judge in determining the verdict refers to the law of number one 1974 about marriage in section 35 to 37  and Islamic law Compilation in section 85 to 97,  jurisprudence, Supreme Court of Indonesia, Holy Qur’an in sura At-Tholaq: 7, An-Nahl: 90, An-Nisa:58 and 32, it is applied law and the synchrony in resolving legal action in this time, so the assets treasure that acquired either from the husband or the wife become collective right along is not determined in the marriage deal and if the marriage is break, each of them have a half from that treasure, because a long the marriage there are the collective treasure. The obstacles that often appear in conducting collective treasure division is they usually do not have the complete prove, is it true a collective right or not. Example: the large measure land and the limits are not clear, and the buyer place that was died.   Key words: divorce, collective treasure division, religion court verdict.
Pertanggungjawaban Pidana Pejabat Pembuat Komitmen Akibat Terjadinya Kerugian Keuangan Negara Dalam Pengadaan Barang/Jasa Pemerintah Dina Karlina Amri Lubis; Alvi Syahrin; Budiman Ginting; Hasim Purba
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Government procurement has a positive impact on the economy and national development, but the success of procurement in moving the national economy has always been the Foundation of the land deeds of criminal acts of corruption that contribute cause a loss of the country. Official Commitment Maker as executing the budget and one of the principals of procurement faced with responsibility over any Government-issued rupiah to get the right goods and services (value for money).  Seen from the aspect of the law, legal risk in government procurement have three (3) legal systems, namely, administrative law, civil law, and criminal law. Not understanding law enforcement officers against the third character of the legal system that works in the procurement, implies the occurrence of errors in the application of the law, in particular the application of the law of criminal corruption in the event of the occurrence of financial loss State and potentially tofor review by law enforcement officials, made witnesses, even defined as a criminal act corruption suspects. The condition, causing the onset of apathy from the perpetrator, with procurement were not willing to be appointed as procurement, specifically designated as Official Commitment Maker. As for, the problems raised in the research thesis, first: how the criminal law aspects of Corruption in Government procurement of goods/services, these two: how the Criminal Liability of officials due to the occurrence of Commitment Makers financial losses The country in Government procurement of goods/services, and third: How legal protection of officials of financial Losses due to Commitment Makers State in Government procurement of goods/services. Fulfillment of responsibility in government procurement could be distinguished in two forms, namely the responsibility of Office and criminal liability. Criminal liability is the parameter elements of tort law (wederrechtelijk) and abuse of authority based upon the nature of the error on purpose (dolus) and neglect (culpa), when these elements are met, then the Act of conducted by Officials have met the commitment maker indications of corruption in article 2 and 3 of Act No. 20 of 2001 changes to the Act No. 31 of the year 1999 about the eradication of criminal acts of corruption, so that personal accountability leads to criminal liability.   Keywords: governmentprocurement, criminal liability, state officials PPK
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