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

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PERLINDUNGAN HUKUM TERHADAP NASABAH ATAS PERBUATAN PIALANG SAHAM YANG TIDAK BERITIKAD BAIK Amrizal Fahmy Fahmy; Bismar Nasution; Keizerina Devi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Legal liability to investors in the stock brokerage stock market is a relationship that is based on contractual relationships. There are responsibilities that must be carried by such broker to sell or buy action based on orders from investors. It is primarily a stockbroker more passive than active in its responsibilities to investors. However, there are actions that can be activated if there is a stock broker it really needed investors. The forms of action were not acting in good faith from a stock broker to the investor is informed not act properly on certain information effects, not informed and deliberate disregard of the use of investor funds were made ​​without the knowledge of investors stockbroker. Given legal protection Law Number  8 of 1995 on Capital Markets and Regulation Number  01 / POJK / 2013 concerning Consumer Protection Financial Services Sector is a legal protection in the form of preventive and repressive.
PERTANGGUNGJAWABAN PIDANA PELAKU PENGHINAAN MELALUI LAYANAN PESAN SINGKAT ATAU SMS (SHORT MESSAGE SERVICE) (Studi Putusan: Pengadilan Negeri Sumenep Nomor: 70/Pid.B/2010/PN.SMP, Putusan Pengadilan Negeri Pati Nomor: 45/Pid.Sus/2013/PN.Pt, Putusan Pengadil Rumia R.A.C Lumbanraja; Syafruddin Kalo; Madiasa Ablisar; Keizerina Devi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Technological Development causes new legal problem, humiliation which is done through electronic Short Message Service (SMS). Humiliation case is regulated in Article 310-321 of the KUHP (the Criminal Code). Since SMS is an electronic service, the Government issued UU ITE 9Law No. 11/2008 on ITE or Electronic Information and Technology). There is the difference in the implementation of law: 1) how about the implementation of the evidence for humiliation criminal acts through SMS, and 2) how about the criminal liability of perpetrator of humiliation through SMS.  From the evidence aspect, the KUHP has no evidence for electronic case while SMS is interpreted as a written form which is regarded and categorized in the KUHAP as a letter as it is stipulated in Article 187, letter d of the KUHAP which is only in effect if there is another evidence related to other evidence. According to Article 1, figure 1 of Law No. 11/2008 on ITE, SMS is electronic information, electronic data in a written form which can be accepted as valid evidence as it is stipulated in Article 5 of UU ITE. The perpetrator of humiliation through SMS has legal liability since it has fulfilled the counts to criminal act and its consequences, the existence of guilt that the perpetrator intentionally sends SMS containing humiliation by attacking one’s dignity and good reputation in the SMS, and the counts to eliminate criminal act since there is no apology by the perpetrator as it is stipulated in the KUHP so that criminal sanction can be imposed on the perpetrator.   Keywords: Criminal Liability, Humiliation, Short Message Service or SMS
SYNCHRONIZATION OF COPYRIGHT ACT WITH BROADCASTING ACT (A LEGAL COMPARATIVE STUDY WITH NORMATIVE APPROACH) Abdullah Husain; Runtung Sitepu; OK. Saidin; Keizerina Devi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The present sophisticated information needed by the people  has been taken advantage by the mass media whose roles are to pass some information, educate, express some opinions, and share knowledge to their readers and audiences. In order to fulfill the people’s needs, the mass media are always active to produce quick, actual and original information. Broadcasting agency, as the media of communication for news broadcasting, is legally protected to broadcast voices or images which are the results of copyright work to the public. The research method applied is normative legal research method carried out through studies on relevant laws and legal materials and supported by collecting related information.  The data are collected through library study and qualitatively analyzed. The results show that copyright and broadcasting are the activities that will always intersect with the intellectual property and copyright which can be seen in Article 1 number 8 of the Law No. 28/2014 concerning Copyright that particularly discusses about broadcasting agency. Article 63 of the Law No. 28/2014 concerning Copyrights also mentions that the time length of the protection validity by Neighboring Rights is: a. valid for 50 (fifty) years for the Show Actors, since the show was recorded in Phonogram or audiovisual; b. valid for 50 (fifty) years for the Phonogram Producer since the Phonogram was fixed; and c. valid for 20 (twenty) years for the Broadcasting Agency since its broadcast work was aired for the first time. The role of the Broadcasting Commission of Indonesia as the people’s representative is to uphold the law, in particular, to implement the administrative sanction. It is also expected that the people be able to take part in establishing the healthy broadcasting morality. The media must be improved to strengthen the people to be more educated. It is also expected that with the high media awareness, the public can control and supervise the television broadcastings.   Keywords: Copyright, Broadcasting, Synchronization
Homologasi Penundaan Kewajiban Pembayaran Utang (PKPU) Sebagai Upaya Preventif Terjadinya Pailit : Studi Putusan Mahkamah Agung No.137K/Pdt.Sus-PKPU/2014 Maranatha Purba; Sunarmi Sunarmi; Bismar Nasution; Keizerina Devi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Homologation is the endorsement by the judge of the peace agreement between the debtor by the creditor to end the bankruptcy. Peace (akkoord) in phases this phase is PKPU is most important, because in the debtor will offer peace plan peace were to creditors. The possible existence of peace in the restructuring of debts the debtor. If peace is approved by the creditors, then the PKPU by-law will end. Peace is one of legal efforts to resist he did bankruptcy against the debtor. Peace in the process of bankruptcy is often referred to with the term "accord" (Netherlands) or in the language of the United Kingdom referred to by the term "Composition". Talking about peace in bankruptcy do not only exist in the bankruptcy process, but there are also in the process of debt payment suspension (PKPU). Peace is one of the ways to end the bankruptcy. Peace can be used as a tool to force it does because of the debt restructuring outside of bankruptcy. the lender (concurrent) cannot be forced to agree to peace. peace is defined as an agreement between the debtor and the kreditornya where the claims of the creditors agreed to partially or completely paid. Supreme Court justices in the disconnect of case No. 137 K/Pdt. Sus-PKPU/2014 is just right. The parties in this ruling, namely Julia Tjandra and Jerry Farolan as creditors and PT Djakarta Lloyd has obtained legal certainty, namely repayment bills have got a fixed legal power, got a guarantee so that the debtor does not cheat and benefit for the debtor is still given a chance to manage again and his effort to prevent the debtor from possible mass execution by kreditor-kreditornya in order for the continuity of the business. Keywords: Homologation, PKPU, Bankruptcy
Keputusan yang Mempengaruhi Wajib Pajak Untuk Mengajukan Sengketa Perpajakan Ke Pengadilan Pajak Mayanti Mandasari Sitorus; Budiman Ginting; Sunarmi Sunarmi; Keizerina Devi
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The existence of Tax Court is stipulated in Law No. 14/2002 on Tax Court which has the authority to check and hand down a verdict on tax dispute. Tax which is stipulated legally has coercion because it contains administrative and criminal sanctions imposed on taxpayers who do not report to tax authorities each month. It seems that many taxpayers who avoid their responsibility which bring about dispute between tax authorities and taxpayers.Tax dispute in taxation is a dispute between tax payers or tax guarantor and tax authorities as the result of the verdict which can be appealed to Tax Court according to the Tax Law, including lawsuit on the implementation of billing according to law on tax billing with forced letter. The research used juridical normative referred to legal norms and principles in legal provisions and court’s verdict, This law emphasizes on secondary data by studying and legal principles related to the position of tax court and legal remedy in settling tax dispute.The settlement of tax dispute consists of two kinds: appeal done based on Notice on Objection and lodged lawsuit on another verdict, besides the other objections and the verdicts related to tax billing and some factors which influence taxpayers to file tax dispute to the Tax Court.   Keywords: taxpayers, tax dispute, tax court
Co-Authors Abdullah Husain Amrizal Fahmy Fahmy Bismar Nasution BUDIMAN GINTING Madiasa Ablisar MAHMUL SIREGAR Maranatha Purba Mayanti Mandasari Sitorus OK. Saidin Rumia R.A.C Lumbanraja Runtung Sitepu Sunarmi, Sunarmi Syafruddin Kalo