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

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PENYELESAIAN SENGKETA ADMINISTRASI PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PEMILIHAN GUBERNUR,BUPATI DAN WALIKOTA (Studi Putusan Sengketa Administrasi Pemilihan Walikota Dan Wakil Walikota Di Panwas Kota Pematangsi Herdi Munte; Mirza Nasution; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal norms of dispute resolution to local election administration has been specified in the legislation where Election Supervisory Body of Province and District/Municipal authorities resolve the dispute whose decision is final and binding. Problems in this study, first, how rationalization of legal norms, whether the decision is final and binding dispute may be canceled and how the settlement method according to the principles and legal norms. The study is a normative juridical deskristif analytical. The results showed that the logical reasoning or rationalization of the legal norms of appropriate dispute resolution never mind good philosophical, juridical, sociological and political based on the principles of Pancasila state law. Supervisory Body of Province and District/City have attributive and absolute authority to examine and decide administrative disputes. The role of the Election Supervisory Body of Province and District/Municipal conduct a complete assessment in terms of both rechtmatigheid (certainty) and doelmatigheid (usefulness). For that it must be credible and competent and consistent on the principle of law to reduce the weaknesses that still exist.   Keywords: Dispute Administration, Adjudication, Final and Binding and Elections
LEMBAGA KERJASAMA (LKS) BIPARTIT PERUSAHAAN DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KABUPATEN DELI SERDANG Rika Jamin Marbun; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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abstract Employer, employee/labor and government always take efforts to build an harmonious industrial relationship in any companies in order to achieve the high productivity and labor prosperous.  The harmonious industrial relationship will minimize any conflict in industrial relationship such as the employer and employee. One of efforts to prevent the dispute in industrial relationship  between employer and employee  is by establishment of forum of communication, consultation and mutual deliberation between the employer and representative of labor union in the company level as determined in the Act No. 13 of 2003 concerning to the labor affairs on article 106 that known as Bi party Mutual Cooperation Agent. The problem would analyzed in this thesis is how the existence of bi party mutual cooperation agency in regency of Deli Serdang, what the role and its function in the settlement of the dispute of industrial relationship and what the sanction  and the implementation of the sanction to the company that did not establish the bi party mutual cooperation agent. The applied method in this research is analytic descriptive with judicial normative study. The data from Labor and Transmigration office of Deli Serdang Regency in 2012 indicates that the number of dispute cases in industrial relationship were 84 cases and can be settled by bi party for 47.61%. in 2013, the number of case were 108 case and can be settled for 50.92%. in 2014, the number of industrial relation disputes were 134 cases and can be settled for 58.9%. Based on the number of cases as shown by the data of Labor and Transmigration office of Deli Serdang Regency,  bi party mutual cooperation agent (LKS) is required to prevent the dispute in industrial relation. The existence of this agent in the company will minimize the dispute in industrial relation between employer and employee if there is any dispute in industrial relationship that can be settled by by party. The government,  the minister of labor affairs is hope to issue the implementation rule of the administrative sanction so the labor and transmigration office will punish the company that have not bi party mutual cooperation agency (LKS). Keywords : Bi party Mutual Cooperation Agent and Industrial Relationship Dispute.
SISTEM PENGISIAN JABATAN KEPALA DAERAH DI INDONESIA MENURUT ASAS OTONOMI DAERAH Saddam Bancin; Faisal Akbar Nasution; Mirza Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The principle of regional autonomy spawned legal norms stating that based on the principle of regional autonomy, regional head position the charging system is done through an election by the people of the area, and without the participation of the central government in determining the position of head of the area. According to the principle of regional autonomy, local independently determine the head region. Then, Indonesia as a state constitutional establish legal order based on the provisions of the constitution. An Act to regulate the charging system regional head position is formulated to maintain consistency with the provisions of the constitution. The rule of law charging system based regional head position is a reflection of democracy and the constitutional principle of local autonomy simultaneously. Based on the principle of local autonomy, the territory can apply the rule of law different charging systems associated with regional head position. These different settings later called asymmetric decentralization system of filling the position of regional head. The asymmetric decentralization can not only be applied to areas that are privileged and special, but also can be applied to areas in general. Keywords :    Legal Structure, Local Autonomy Principle, Head of Local Govern, Asymmetric Decentralization
JAMINAN PERLINDUNGAN HUKUM TERHADAP PEKERJA/BURUH YANG MELAKSANAKAN HAK MOGOK DI INDONESIA Chairina Nopiyanti Sipahutar; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A strike is the basic right for employees/laborers which has to be protected by law. It has to be performed legally, orderly, and peacefully. The problems of the research were whether there was the relevance of a permit to go on strike to the implementation of the strike as the basic right of employees/laborers, whether law on Workforce provided legal protection for employees/laborers that went on strike, and whether there was legal constraint faced by them in going on strike. The research used judicial normative method by using primary, secondary, and tertiary legal materials. The data were gathered by conducting library research and analyzed qualitatively. Law on Workforce regulates legal strike in which, in its implementation, it is limited by complicated permit requirements and procedures for employees/laborers in going on legal strike. These complicated requirements and procedures become legal constraints for employees/laborers in struggling for their aspiration. However, Law on Workforce has many loopholes in the regulations on strike. Legal protection and the prohibition for the termination of employment and wages which should be paid during the strike are intended for those who go on strike legally. However, legal protection is only given to employees/laborers as far as they are on strike legally which is almost impossible to be done.  Based on the result of the research, it is recommended that law makers improve and complete the substance of the legal provisions which still have many loopholes. Besides that, in the future, the implementation of strike should prioritize the substance of the strike which is the basic right for employees/laborers to express their petition rather than fulfill formal requirements and the procedure of permit in carrying out strike.   Keywords: Legal Protection, Right to Go on Strike, Strike Permit.
ANALISIS YURIDIS TERHADAP KERUGIAN NEGARA YANG BERASAL DARI KEUNTUNGAN REKANAN DARI PROSES PENGADAAN BARANG / JASA PEMERINTAH YANG TIDAK SAH Zulfahmi Zulfahmi; Alvi Syahrin; Mahmud Mulyadi; Pendastaren Tarigan
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Procurement of goods and services is a government procurement of goods/services that are financed with a budget of revenue and Expenditure of the State (State Budget)/Anggaran income and Expenditure area (GRANT) well that was implemented in swakelola as well as by providers of goods/ the service. In the implementation of the procurement of goods and services there are stages and procedures appointment of partner providers of goods and services is carried out through a tender open to the public and the winner must also be announced transparently to the public at large. Implementation of the designation of the partners through a tender, there is often a violation of procedure resulting in stages and the designation of the goods and service provider partners the legal disabilities because it is implemented through a tort the law. For providers of goods and services infringing in government procurement of goods and services may be subject to administrative sanction in the form of sanctions, sanctions black list registration, lawsuits are civil and/or criminal in reporting to the authorities. As for the competent authority may be subject to administrative penalties i.e. sanctions, sued for damages and/or criminal basis and reported accordingly Act No. 31 years 199 jo law No. 20 Year 2001 about criminal acts of corruption. Criminal liability against the providers of goods and services as well as the competent authority may be subject to criminal sanctions in tort law breaking the phases of procedure either in conjunction with the PA party, PPK or ULP as well as liability personally in accordance with Article 55 and 56 of the criminal code as well as Article 118 paragraph (2) Perpers No. 54 Year 2010 as it has changed four times. In tort can be categorized as corruption deeds according to experts in adverse financial and economy of the country. But other experts expressed the opinion if there was no financial loss to the State and economy and in accordance with the deed, then there can be categorized as criminal acts of corruption.   Keywords : State Losses, gains partners and Procurement of goods and services is not valid.
Co-Authors Agusmidah Agusmidah Alvi Syahrin Andi Nova Bukit Apnes Perlindungan Zaro Hura BUDIMAN GINTING Chairina Nopiyanti Sipahutar Dearma Sinaga Edy Ikhsan Elikson Rumahorbo Faisal Akbar Nasution Fitri Handryani Herdi Munte Jusmadi Sikumbang Mahmud Mulyadi MAHMUL SIREGAR Mirza Nasution Misalina Br. Bukit Muhammad Abduh Radinal Panggabean Rika Jamin Marbun Saddam Bancin Steffi Seline Maryanne Ginting Suhaidi Suhaidi Syamsul Arifin Tri Kurniawan Yuke Dwi Hidayati Zulfahmi Zulfahmi