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

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PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
ANALISIS PELAKSANAAN PEMUNGUTAN RETRIBUSI TEMPAT KHUSUS PARKIR DAN RETRIBUSI PARKIR DI TEPI JALAN UMUM SEBAGAI SUMBER PENDAPATAN ASLI DAERAH KOTA PADANGSIDIMPUAN Irfan Fajri Rambe; Budiman Ginting; Mirza Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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  ABSTRACT An analysis of the implementation of retribution of parking-specific levies and public parking levies as a source of revenue for Padangsidimpuan city is how the arrangement, implementation, constraints and solutions in levies retribution of parking lots and public roadside parking as an effort to increase local revenue since the enactment regional autonomy. Levies of special parking spaces and public roadside parking are distinguished by the management and location of the parking. The problem in this research concerns how the arrangement of retribution levy of parking at public roadside and special place of parking as source of original income of Padangsidimpuan city?, how policy implementation which have been done by Padangsidimpuan city government in exploring potency of PAD through parking levy on public road and where special parking?, and how the curbing of the implementation of parking management proven violate the city regulation Padangsidimpuan no. 4 of 2010 and No. 5 of 2010?. This research is analyzed using fiscal decentralization theory and legal system theory. The research method is normative legal research method and is analytical descriptive with primary, secondary and tertiary legal material with technique and data collection tool, namely: library research and document study and interview. The regulation of parking fee retribution procedure shall be stipulated by regional regulation and regulation of regional head. Levies are collected by using SKRD or other equivalent documents. Padangsidimpuan municipal government policy to explore the potential of local revenue (PAD) through the collection of public roadside parking levies and special places of parking is regulated in Local Regulation Padangsidimpuan city no. 4 of 2010 on Public Service Business Levies and Local Regulations Padangsidimpuan city no. 5 of 2010 on Service Levies. the implementation of collection of parking fees is managed by the Department of Transportation Padangsidimpuan city. Efforts of Padangsidimpuan city government in order to implement parking management in violation of the provisions of City Regulation Padangsidimpuan no. 4 of 2010 and Regional Regulation of Padangsidimpuan no. 5 of 2010 by the local government through the Department of Transportation of Padangsidimpuan City oversees the management of parking and controlling through the imposition of sanctions.Keywords:            Levy Collection Analysis, Special Parking Area, Parking On Public Road, Local Revenue, Padangsidimpuan City
ANALISIS PENGEMBANGAN KARIR ASN BERDASARKAN MERIT SISTEM (STUDI PENELITIAN DI PEMERINTAH KABUPATEN ACEH TENGAH) Hasan Basri; Jusmadi Sikumbang; Agusmidah Agusmidah; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The enactment of Law Number 5 Year 2014 on ASN is expected to bring significant changes in institutional, career and remuneration systems as this law revolutionizes the recruitment, development and career development system which includes a career path and high filling system through open promotion. The government realizes that bureaucracy is an important and major factor in a bureaucratic administration administration, in which a State Civil Apparatus (ASN) plays a very important role in it. To ensure the election of professional and competent persons, in accordance with the standard of competence of office. Central Aceh district which is one of the areas located in the province of Aceh is an area where the level of productivity of public services is still low, the civilian state of the existing country more comes from people close to the leadership. As for the problem in this research is How the provision of career development ASN based on system merit ?, Is the existing regulation able to build mechanism and institute for career development ASN based on merit system ?, How Regency of Aceh Tengah implementing merit system in filling position / career ASN? This type of research used is the juridical approach normative or doctrinal. Sources of Legal Materials to be used are Primary Legal Material, Secondary Legal Material, and Tertiary Law Material. Techniques and Data Collection Tools that researchers use is Document Studies. The data has been collected and then analyzed by using descriptive qualitative analysis, which is analysis by describing and analyzing the data of literature and field data in the form of statement carefully and systematically. The results of this study indicate that the development of ASN careers based on system merit refers to based on Law No. 5 of 2014 About ASN is a system of personnel development based on career and work performance, measurable administratively and the reality of the achievement of duties and devotion of an employee, in the duty environment which he assumed in the organization of government office. Regulations or legislation governing the provisions relating to the State Civil Apparatus that is in Law No. 5 of 2014 and Government Regulation No. 11 of 2017 on the State Civil Apparatus Management for the present become the basis for the government both central and local as a foundation of career development and development ASN or Civil Servant. It's just that the regulation has not run optimally and optimal because it has not been able to overall local government to implement the merit system in ASN career development. The implementation of ASN careers and career development in the regency of Central Aceh is not currently running optimally and optimally, because there is still influence by the officials concerned.   Keywords: Career Development, Merit system, State civil apparatus
Analisis Hukum Terhadap Penyelesaian Diluar Pengadilan (Diversi) Dalam Tindak Pidana Kekerasan Yang Dilakukan Oleh Anak Di Wilayah Polresta Kota Binjai Muhammad Rizal Aulia Lubis; Ediwarman Ediwarman; Marlina Marlina; Jusmadi Sikumbang
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Definition of diversion in Law No. 11 of 2012 Article 1 Paragraph 7 concerning the juvenile justice system. meaning "Diversion is the transfer of settlement of child cases from criminal justice processes to processes outside of criminal justice. No government regulation. 65 of 2015 concerning guidelines for the implementation of diversion and handling of children not yet (12 twelve) years old. Secret telegram letter (TR) of the Kabareskrim Polri  No.Pol.TR/1124/XI/2006 and No.Pol Police's secret telegram (TR) kabareskrim. TR / 395 / DIT.I / VI / 2008 concerning the implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses. Case child commits a crime of violence in the Regional Police of the city of Binjai in North Sumatra province, a child under age has committed a crime of violence against other people. From this case, the Polresta Binjai sought a diversion process with a restorative justice approach. In the court decision of class 1-B Binjai No.11 / Pid.Sus.Anak / 2015 / PN.Bnj concerning the diversion decree.              From the results research conducted, it can at concluded as following P ertama, In carrying out diversion, the regulations used are Law No. 11 of 2012 concerning the Child Criminal Justice System and instructions for the implementation of diversion issued by the National Police Kabareskrim namely Kabareskrim POLRI Secret Telegraph TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 concerning implementation of diversion and restorative justice in handling cases of child offenders and fulfillment of the best interests of children in the case of children both as perpetrators, victims or witnesses, Government Regulation No.65 of 2015 concerning guidelines for the implementation of diversion and handling of children who are not (12 twelve) years old. Secondly, the factors that led to the crime of child abuse as perpetrators in the Binjai City Police Department consisted of economic factors, social factors, psychological factors. Of the three factors, psychological factors are the underlying factor in the child committing violence in this case. Psychological factors are vital for each human person in carrying out life in society. Unstable psychological factors in adolescents can cause disparities with adults and parents due to differences in age and pivotal patterns of their own actions and behaviors, psychological factors are behaviors / characteristics or personality of humans both seen from within and from outside on him, in this case the children always have a psychology that is still unstable and tends to be easily incited and act without thinking. Third, the non-criminal policy towards the completion of children who are perpetrators of violent crimes in the Polriesta Binjai area, namely conducting counseling, carrying out counseling for schools, carrying out routine raids, carrying out social services. Public participation in this regard Enabling activities among adolescents, Me mberiakan motivation or advice to children, provide religious education.   Keywords : diversion , children , violence
Pelaksanaan Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Peningkatan Pendapatan Asli Daerah Di Kota Langsa Safrizal Wahyudi; Muhammad Abduh; Faisal Akbar; Jusmadi Sikumbang
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The regional authority in collecting taxes and levies is regulated by Law No. 28 of 2009 concerning Regional Taxes and Regional Levies. Based on this law, regions are given the authority to collect 11 types of taxes and 33 types of user fees, with the consideration that these types of taxes and user charges are generally good. This research is used normative legal research method. Normative legal research is research by only processing and using secondary data relating to the issue of "Implementation of the Regional Parliamentary Oversight Function Against Increasing Local Revenue in Langsa City". The type of research used is normative juridical, then the approach taken is the statute approach. The DPRD in general, especially the Langsa City DPRD in carrying out its supervisory function, is expected to truly be able to ensure that the regional government is in the public interest, and must be able to realize the shared goals and interests agreed in the legislation and budgeting process. The aspirations of the community are essentially institutionalized through their representatives in the DPRD, especially in the field of supervision.   Keywords: supervision, enhancement, locally genereted revenue
Co-Authors Agusmidah Agusmidah Alvi Syahrin Apnes Perlindungan Zaro Hura Budi Bahreisy BUDIMAN GINTING Dearma Sinaga Deliana Simanjuntak Ediwarman Ediwarman Edy Ikhsan Faisal Akbar Nasution Hasan Basri Herdi Munte Irfan Fajri Rambe Johannes Mangapul Turnip Junhaidel Samosir Mahmud Mulyadi Marlina, Marlina Mirza Nasution Misalina Br. Bukit Muhammad Abduh Muhammad Hamdan Muhammad Rizal Aulia Lubis Pendastaren Tarigan Safrizal Wahyudi Steffi Seline Maryanne Ginting Suhaidi Suhaidi Sunarmi, Sunarmi Yuke Dwi Hidayati