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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.

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.

ASAS ULTIMUM REMEDIUM DALAM PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PERPAJAKAN OLEH WAJIB PAJAK Sarah Hasibuan; Madiasa Ablisar; Marlina Marlina; Utari Maharany Barus
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal settlement of tax crime specified in section 44B of Act Number 28 of 2007 on the third amendment to the Law No. 6 of 1983 on General Provisions and Tax Procedures (UUKUP) is the grant of authority by law to the Minister of Finance by reason of the interest of the state revenue, requesting the Attorney General to stop the tax crime investigation process. KUP Law Article 44B shows that the actual application of the criminal law violations are not to be Primum remedium, but more oriented to remedium ultimum. This is stated explicitly, although the infringement lawsuit by the taxpayer has been declared complete, but the Minister of Finance can still ask the Attorney General to stop the investigation due consideration to the interests of state revenue, if it has not been declared complete means the Minister of Finance can be directly ruled Directorate General of Tax to stop it. Keywords: Ultimum Remedium, Tax Crime.

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

IMPLEMENTASI PERATURAN MENTERI KELAUTAN DAN PERIKANAN NO. 2/PERMEN-KP/2015 TENTANG LARANGAN PENGGUNAAN ALAT PENANGKAPAN IKAN PUKAT HELA (TRAWLS) DAN PUKAT TARIK (SEINE NETS) TERHADAP USAHA PERIKANAN TANGKAP OLEH NELAYAN DI SIBOLGA Sriayu Aritha Panggabean; Suhaidi Suhaidi; Jelly Leviza; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In accordance with the mandate of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets that the use of fishing gear trawls and seine nets in Regional Fisheries Management of the Republic of Indonesia has resulting in declining fish resources and threatening environmental sustainability of fish resources, but the implementation of the ministerial decree raises the pros and cons among fishermen in Indonesia, especially in Sibolga City. Therefore , this thesis seeks to analyze the regulation of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets the trawl fishery business by fishermen in Sibolga with a view of the aspects of the law itself and the destination aspects of the welfare state. Keywords : Fisherman , Business fisheries , Prohibition , Trawls , Seine Nets

PENERAPAN ASAS ITIKAD BAIK DALAM PERJANJIAN SEWA-MENYEWA (STUDI TERHADAP PERJANJIAN SEWA MENYEWA OULET DI HERMES BUILDING MEDAN ) Gary Hadi; Bismar Nasution; Hasim Purba Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tenancy agreement in accordance with Article 1548 of the Civil Code has the meaning of an agreement when one party binds itself to provide enjoyment of goods to the other party a certain time , with the payment of a price promised by the latter party . This thesis used a normative study with a descriptive analysis. Application of the principle of good faith in the tenancy agreement Hermes outlet in Medan Building seen from before and after the deal happen. Even the application of the principle of good faith prior to the agreement, PT. Hermes Realty Indonesia has implemented the principle of good faith objective. Criteria breach the principle of good faith in the tenancy agreement Hermes Building outlet in Medan is when wanprestasinya CV. Khansa Independent Asri. The criteria is to have violated an inappropriate thing to do as not carry out its obligations intentionally do not pay rent, service charges and utility costs. Keywords: Agreements, Rent-hire, principle of good faith

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

PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERZINAHAN (STUDI PUTUSAN PENGADILAN NEGERI STABAT NO : 221/PID .B/2014/PN.STB DAN PUTUSAN PENGADILAN NEGERI SIDIKALANG NO: 116/PID.B/2013/PN.SDK) Syawal Saputra Siregar; Muhammad Hamdan; Mohammad Ekaputra; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The setting is the crime of adultery against unmarried couples will not only accommodate the religious law or customary law which has prohibited such actions but can prevent the spread of other criminal offenses such as abortion, child neglect or disposal of the child of a relationship outside of marriage and so forth caused by acts criminal adultery. That is, if the formulation of legislation in its entirety has been set for penal deterrence has been fulfilled, then only a non penal policy formulation. Related to the above description there are two (2) court decision that will be examined in this thesis, the Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb and Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. It brings necessary to study the factors that lead to fornication punishable. Comparison of the crime of adultery is regulated in the Code of Penal (Penal Code) and Islamic law. Application of the criminal law against adultery by Stabat District Court Decision No: 221/Pid.B/2014/PN.Stb And Sidikalang District Court Decision No: 116/Pid.B/2013/PN.SDK. Keywords: Comparison, Crime and Adultery

TANGGUNG JAWAB DIREKSI DAN KOMISARIS PERSEROAN TERBATAS PAILIT DIKAITKAN DENGAN UTANG PAJAK Citra Valentina Nainggolan; Budiman Ginting; Sunarmi Sunarmi; Utari Maharany Barus
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tax revenues in the state budget in order to fill their coffers national development is very important and very strategic . The role played by such a tax would need to be instilled in everyone for the implementation of tax payments that have been made can be a matter of pride for having contributed to the national development. The problems discussed in this study are as follows First : What is the legal basis for regulation and taxation of the Limited Liability Company ? Second : What is the status of tax debts in bankruptcy Limited Liability Company ? Third : What is the responsibility of directors and commissioners Company Limited against tax liabilities if the Company Limited declared bankrupt ?Type of research is normative juridical research ie legal research done by researching library materials or secondary data consisting of legal materials arranged in a systematic, studied, and then drawn a conclusion in relation to the problems examined . The nature of research is descriptive analytic , descriptive , covering the contents and structure of the positive law , which is an activity undertaken by the authors to determine the content or the meaning of the rule of law referred to in the settlement of legal issues that become the object of study .Data collection method used is the method library (library research ) literature that is data obtained through library research sourced from laws, official documents,book, and research results .The results showed that , first : There is already a clear and unequivocal arrangements regarding the taxation of the company as legal entities that are required to meet those conditions. Second: The tax debt prior to the issuance of the decision No. 67 / PUU - XI / 2013 is a special priority of creditors other than those prescribed by Article 21 point ( 3 ) Law number 28 of 2007 on general provisions and taxation procedures , shifted its position in the payment of the debt after payment of wages / labor due in advance. Third : Vice taxpayer ( directors and commissioners ) is the personal responsibility or successively on the payment of taxes owed. Keywords: Directors , Commissioners , Bankruptcy , Tax Debt

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.

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