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Keizerina Devi Azwar
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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MEDIASI DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH Emirza Henderlan Harahap; Runtung Runtung; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRAK The need of Indonesian Moslem community for the bank operating in accordance with Islamic economic system was not juridically regulated until the enactment of Law No.7/1992 on Banking. In this law, the existence of Islamic bank or syarii banking has not yet been clearly stated, it is only called “bank with shared-revenue principle”. The concept of deliberation and dialogue is then directed to settle the dispute through the principle of legality which is then integrated into the process of proceedings in court through the Regulation of Supreme Court No.2/2003 which has been amended with the Regulation of Supreme Court No.1/2008 on the Procedure of Mediation in Court to make Article 130 HIR/154 RBg on Reconciliation which has been previously available effective. The fact is that reconciliation as stated in Article 130 HIR/154 RBg is currently implemented by the judge as a formality due to several constraints such as the lawyer and the judge are reluctant to peacefully settle the case, the judge has less capability, and peace efforts have not been sufficiently socialized. This condition also impacts the success of the implementation of the Regulation of Supreme Court No.1/2008 integrating mediation into the settlement of case in court, besides the success of the implementation of mediation is very much supported by the regulation that regulates it, facility and infrastructure, and the people involved in it.
PERAN AUDITOR INDEPENDEN DALAM MELAKUKAN PEMERIKSAAN LAPORAN KEUANGAN PERSEROAN SEBAGAI UPAYA PERLINDUNGAN HUKUM PEMEGANG SAHAM DARI ITIKAD BURUK DIREKSI Omar Akbar Aldian Pinem; Sunarmi Sunarmi; Keizerina Devi Azwar; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Board of directors has an obligation to make an annual report and financial report as the responsibility of the board of directors to stock holders. The audit on financial report functions to guarantee the content of the reports which have been presented properly and in accordance with the general accountancy principle. The presentation of correct financial report is an attempt to protect the interest of stock holders of a certain company. The legal provisions have regulated the implementation of audit on financial report of a company in Indonesia which is an attempt to guarantee the naturalness of the report. An Auditor is a professional who provides his service to gather auditing evidence as the support in expressing his idea on the naturalness of a financial report. An auditor is responsible for his profession, criminal law, administration, and civil law on what he says when it harms other people. The presentation of accurate and true financial statement is a good will of direction in manage the company while manipulation of content of financial statement that cause the loss to the shareholder is a bad will of direction in manage the company that can be prevented by auditing on financial statement. Auditor has a role to appraise the presented financial statement by fulfill the transparancy and accountability as protection to be interest of shareholder especially on the interest or oppeness of material information and in order obtain the accurate statement.. Keywords: Financial Report, Audit, and Protection for Stock Holders
TANGGGUNG JAWAB PENGURUS TERHADAP AKTA PENDIRIAN/ANGGARAN DASAR YAYASAN SETELAH BERLAKU UU YAYASAN DAN PP NOMOR 63 TAHUN 2008 TENTANG PELAKSANA UU YAYASAN Syahrul Sitorus; Runtung Runtung; Suhaidi Suhaidi; Keizerina Devi Azwar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted. Keywords: Foundation, Management Responsibility, Memorandum of Association/ Statutes, Property, Government
KONSEP UTANG DALAM HUKUM KEPAILITAN DIKAITKAN DENGAN PEMBUKTIAN SEDERHANA (STUDI PUTUSAN NO: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST) Robert Robert; Sunarmi Sunarmi; Dedi Harianto; Keizerina Devi Azwar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Verification process plays a vital role to resolve a case. in the verification of bankruptcy cases which is carried out with a simple verification. This simple verification in practice often causes a problem because because there are not any lucid parameters related to it in the UUKPKPU (Law on Bankruptcy and Suspension of Debt Payment Obligation) This simple verification frequently disregards the aim and philosophy of the Bankruptcy Law because it can facilitate a debtor’s bankruptcy that is still solvent or be taken advantage by a bad debtor to apply for a fictive bankruptcy. The wide debt concept in the bankruptcy law tends to be unable to be simply verified, so the insolvency test can be used as a verified method alternative o apply for a bankruptcy statement so that the bankruptcy application can meet the objective and philosophy of the bankruptcy itself. Judges are not supposed to be rigid or positivistic in examining and adjudicating the case they face because they will tend to fail to notice the stakeholders’ sense of justice. Keyword: Bankruptcy, Simple Verification, Debt Concept.
PERTANGGUNGJAWABAN PEMEGANG LISENSI-WAJIB MENURUT UNDANG-UNDANG NOMOR 14 TAHUN 2001 TENTANG PATEN Indi Fandaya; Runtung Sitepu; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Patent term first appeared in Europe in the Dark Ages as technologies used. Patent term itself comes from the Greek word meaning 'open'. In the UK the term known letters Patent, namely the decree issued by the kingdom which gives exclusive rights to certain individuals and businesses. From the definition of the word itself Patents, Patents concept to open knowledge for the betterment of society and instead, inventors obtain exclusive rights for a certain period. Problems in this thesis is Do the terms of compulsory patent licensing according to the principles contained in the Intellectual Property Rights? How is the government's role in determining the amount of royalties for a compulsory license? The results showed a condition of the terms of the license shall not fully in accordance with the principles of intellectual property rights, this is due to the loss of the principle of justice on the owner or holder of patents when patent that has been discovered or produced by the owner or holder of patents taken over by government simply because of the pressing needs and for the benefit of society. The role of government is enormous and absolutely to determine the amount of royalties to the patent exploitation undertaken by the government issued Government Regulation No. 27 of 20014 About the Mechanism of Patent by the Government and Regulation of the Minister of Finance Ministry of Finance Regulation No. 72/PMK.02/2015 About Rewards Comes from Non Tax Revenue Royalties To Patent Inventor.   Keywords : Intellectual Property Rights , Patents , Compulsory Licenses
PELINDUNGAN HUKUM ATAS KARYA ILMIAH DARI TINDAKAN PLAGIAT MENURUT PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Huller Gabe Dimpos Sinaga; Runtung Sitepu; Keizerina Devi Azwar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criteria declared that plagiarism is plagiarism made against creative works protected by copyright laws, it can be proven the existence of an element of the copy or imitate creation, it can be proven that the act of copying or imitating creation. Plagiarism in college are liable to imprisonment and/ or fined. In addition to criminal sanctions, perpetrators of plagiarism committed by students will be subject to cancellation diplomas to students who committed plagiarism. The law provides legal protection which the copyright holder/ creator can apply for compensation for the occurrence of plagiarism and asked for the seizure of the objects that were announced or propagated creation. Law on National Education System provides legal protection form by giving administrative sanction of revocation of a degree, criminal penalties of imprisonment and fines for perpetrators of plagiarism. Law on Teachers and Lecturers, and the National  Education Minister Regulation No. 17 Year 2010 on the Prevention and Combating Plagiarism in Higher Education provides legal protection scientific work universities. Forms of legal protection against the scientific work is to impose administrative sanctions in the form of cancellation and revocation degree diplomas to students, lecturers, researchers who committed plagiarism. Keywords: scientific papers copyright, plagiarism, legal protection
Co-Authors Dedi Harianto Emirza Henderlan Harahap Huller Gabe Dimpos Sinaga Indi Fandaya MAHMUL SIREGAR Omar Akbar Aldian Pinem Robert, Robert Runtung Runtung Runtung Sitepu Suhaidi Suhaidi Sunarmi, Sunarmi Syahrul Sitorus Utari Maharany Barus