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Faisal Akbar Nasution
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PERBANDINGAN PEMILIHAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA DENGAN KONSEP SYURA DALAM PRINSIP KETATANEGARAAN ISLAM Muhammad Ihsan; Hasballah Thaib; Faisal Akbar Nasution; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACTPresidential election process in Indonesia has been reflected in the Constitution of the Republic of Indonesia Year 1945 (1945 Constitution). Since 1945, the presidential election process in Indonesia is consensus in an institution of the People's Consultative Assembly (MPR). It is as the implementation of the Preamble of the 1945 Constitution, all four precepts of Pancasila, "Democracy Led by Wisdom Wisdom In a consultative assembly". Changes in the 1945 Constitution in 1999-2002, has implications in the process of election of the President of deliberation to direct election by the people. Many observers said the process of direct election by the people as a model of democracy. In fact, not a few who claimed the election process by consensus in the Assembly, as well as a model of democracy though indirectly. Implementation of the Presidential election in the concept of Shura as Shura and democracy has no relevance, given some quarters to equate the two. Although there are similarities between shura and democracy as expressed by some. However, there is very substantial between the two, given that it is shura is a method derived from the Rabb al-basyar (Rabb human), namely God, while democracy is the fruit of thinking of a weak man who is certainly not free of shortcomings, democracy sourced of concepts and principles devised by man which the concepts and principles is closely linked to the interests of each individual name in its implementation.Keywords: Presidential Election, Democracy and Shura
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
PERTANGGUNGJAWABAN PIDANA PELAKU PENYALAHGUNAAN ATAS PENERIMAAN PEMBAYARAN PAJAK REKLAME BERJALAN MOBIL TANGKI BEREKLAME (Studi Putusan Pengadilan Tipikor Medan No.10/Pid.Sus.K/2014/PN.Mdn) Sari Devi Tumanggor; Alvi Syahrin; Madiasa Ablisar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state is responsible to keep the interests of its people in prosperity, security, defence and education in life. In performing the responsibility to bring it to reality, the state has its sources of revenue to rely on based on valid constitutional regulations. Tax as one of the state's or provinces' sources of revenue has an important role, and its successful accomplishment is the duty of the authorized tax officials. However, in fact there was a tax official who commited corruption by abusing his authority which then causes state's financial loss. How is the official's responsibility in justifying his act as the state's or province's official who had accepted tax-payment wihout depositing it into province's treasury. Key Word : Criminal responsibility, An abuser’s to accepting tax payment
IMPLEMENTASI PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH Ali Ibsan Jaya; Faisal Akbar Nasution; Suhaidi Suhaidi; Mirza Nasution
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The position of the deputy head of the region is very strategic when viewed from the duties and functions of the regional head is so large, So if there is a vacuum of the regional head or deputy head of the region, then the position must be filled immediately. This study is analytical descriptive research. The election of deputy regional head shall be conducted democratically through pairing elections, which is elected in a package of elections as stipulated in the Law on Regional Head Election. Filling the vacancy of the deputy head of the region who is unable to stay under Article 176 of the Law of the Republic of Indonesia Number 10 of 2016 on the Second Amendment to Law Number 1 Year 2015 Concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governor, Bupati , And the Mayor becomes the Regulation. Deputy Governor, Vice Regent and Vice Mayor in the event of vacancy, the replacement of Vice Governor, Deputy Regent and Deputy Mayor shall be conducted through election mechanism by Assembly Provincial , Assembly at  Regency and City based on the proposal from Political or a combination of Political Which won the election of regional head. Keywords :implementation, vacancy, deputy head of region
ANALISA YURIDIS PERTANGGUNG JAWABAN DIREKSI PADA PENGADAAN BARANG/JASA DI PT. BANK SUMUT (STUDI : PUTUSAN TIPIKOR PENGADILAN NEGERI MEDAN NO. 93/PID.SUS-TPK/2016/PN.MDN. JO. PUTUSAN PENGADILAN TINGGI MEDAN NO. 06/PID.SUS-TPK/2017/PN.MDN.) Muhammad Iqbal; Sunarmi Sunarmi; Budiman Ginting; Faisal Akbar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Board of Directors shall be the management of the company representing the company, both inside and outside the court. The legal norms implied in the provision that all corporate liabilities, both represent and management of the company, are on the shoulders of directors. In accordance with Article 97 paragraph (2) of Law no. 40 of 2007 regarding Limited Liability Company, states that: "The management of the company shall be carried out by every member of the Board of Directors in good faith and full of responsibility". If it is associated with the "Business Judgment Rule" doctrine being taught, the responsibility of the board of directors, the principle of "fiduciary duty". In this study will discuss: Implementation of procurement of goods / services within the Government (L / K / D / I), BUMN / D is associated with the source of funds derived from APBN / D; Legal consequences of directors' liability in the Annual General Meeting of Shareholders of the Company which have been declared acquit et decharge by shareholders; and the accountability of the Board of Directors of PT. Bank of North Sumatra in the procurement of rental vehicles and operational vehicles of PT. Bank Sumut Year 2013 in the Corruption Court's Ruling At the Medan District Court. 93 / Pid.Sus-TPK / 2016 / PN.Mdn. Jo. High Court of Medan Decision. 6 / Pid.Sus-TPK / 2017 / PT.Mdn.   Keywords          :     Accountability of the Board of Directors; PT. Bank Sumut; Procurement of Goods / Services.
ANALISIS YURIDIS ATAS PERMOHONAN ADA ATAU TIDAKNYA PENYALAHGUNAAN WEWENANG BERDASARKAN UNDANG-UNDANG NO. 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN TERHADAP PROSES PERADILAN PIDANA KORUPSI Mathilda Chrystina Katarina; Syafruddin Kalo; Muhammad Hamdan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of its administrative HR law between State and criminal law entered into a "gray area" giving rise to debate ebelitas among legal experts. How not to, a decision State officials well in order "beleid" nor "diskresi" became the arena of academic studies for was made the base an pemidanaan justification or denial, but on the other hand diskresi without based on legislation give rise to an abuse of authority. By the existence of article 20 and article 21 of ACT No. 30 of 2014 about government administration, opening up space for the internal auditing of the Government Apparatus (APIP) to supervise the prohibition of abuse of authority and PTUN to check and decide there is or none of the elements of abuse of authority, as may be made by the Court of abusing authority in testing TIPIKOR article 3 of ACT PTPK. The results showed that according to the theory of the point of tangent equation, there are administrative law and criminal law related to abuse of authority, including the use of the term Equation 1) 2) Equation, Equation 3) understanding the subject of the norm i.e. Government officials, 4) equation of norgeddrag, i.e. the forbidden deeds (verbod). The close relationship of law and the administration of criminal law that raises the legal experts among the pros cons when APIP inspection results and/or Verdict PTUN stating there are no elements of abuse of authority committed government officials, whether binding the process of criminal justice. Meanwhile, other legal experts have different opinions that the Government officials are convicted could do if the deed Tipikor against criminal law, which preceded and followed the evil inner attitude (mensrea) and result in the loss finances of the State, but in addition to the second opinion there is another legal experts who argued that there are no conflicts of norms, because good PTUN nor the District Court (Criminal/Tipikor) runs the function of each. Parameter test of legality PTUN decisions and/or actions of government officials is legislation (written) and the General principles of good governance/AUPB (not written), while Court TIPIKOR based solely on regulation in writing only. In administrative law distinguished between personal responsibility and position responsibilities. Responsibilities of the position with regard to the legality of the (validity) or defects regarding the juridical authority, procedures, and the substances while personal responsibility with regards to the functionaries or approach the approach behavior, maladministrasi. Criminal responsibility is personal responsibility in the context of losses of State accompanied by malicious intent to benefit yourself.   Keywords: abuse of Authority, law Adminintrasi, and criminal law.
TANGGUNGJAWAB DIREKTORAT JENDERAL PAJAK ATAS KELALAIAN MENGAJUKAN TAGIHAN YANG MENGAKIBATKAN HILANGNYA HAK MENDAHULUI NEGERA DALAM KEPAILITAN Suherman Nasution; Sunarmi Sunarmi; Mahmul Siregar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The position of the tax debt in the bankruptcy process should get the position ahead of other creditors, but this is different from the country where the tax debt in the bankruptcy process of PT. Badja Industry Garuda, Negara Cq. Medan Belawan KPP Pratama is placed as a concurrent creditor and loses its rights as a preferred creditor due to a tax debt bill filed by Medan Belawan Primary KPP that has exceeded 5 (five) years (expired) in accordance with Article 21 paragraph (4) and Article 22 of the KUP Law. Errors or omissions, both direct and indirect, carried out by Medan Belawan Primary KPP which cause harm to the state, in the concept of public law, the legal responsibility is related to the use of authority, which then gave rise to the principle of no authority without accountability. There are times when government organs are held accountable as officials, and sometimes as individuals.   Keywords: Responsibility, Negligence, Priority Rights
PENJATUHAN PIDANA TAMBAHAN BERUPA PENCABUTAN HAK POLITIK TERHADAP PELAKUTINDAK PIDANA KORUPSI (ANALISIS PUTUSAN MA NOMOR 1261/K/PID.SUS/2015) Rasina Padeni Nasution; Alvi Syahrin; Mahmud Mulyadi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The criminal act of corruption is extra ordinary crimes so extraordinary enforcement (extra ordinary enforcement) and extraordinary measures (extra ordinary actions) are required. The form of countermeasures that is done is to drop the extra criminal to the perpetrator. One of the criminal forms provided is an additional crime in the form of revocation of political rights. The removal of political rights as additional criminal can only be imposed in relation to the political office elected by the election process, and can not be imposed permanently or permanently. There must be a definitive time limit on how long the revocation of political rights may be imposed. Insofar as it is done through due process of law which is in addition to the principal penalty imposed. The method used in this study, is analytical descriptive research directed to find out more deeply and analyze additional criminal penalties in the form of revocation of political rights against perpetrators of corruption through the Supreme Court's decision Number 1261 K / Pid.Sus / 2015. The additional criminal arrangements in the form of revocation of political rights are based on the principle of legality, which reads nullum crimen, nulla poena, sine preavia lege (poenali). This indicates that the imposition of an additional criminal in the form of revocation of political rights against the perpetrators of corruption acts in truth is not contradictory to Human Rights with justifiable reasons for the applicable legislation. The consideration of the Panel of Judges in Supreme Court Decision Number 1261 K / Pid.Sus / 2015 states that the criminal act of corruption perpetrated by the perpetrator is a multi-effect crime and extra ordinary crimes so there is no conflict with human rights values ​​such as freedom, equality, autonomy and security. However, in its verdict the judges merely declare the imposition of an additional penalty in the form of revocation of the right to be elected in public office without giving a certain time limit, while through the decision of the Constitutional Court Number 4/PUUVII /2009 has stipulated that the revocation of political rights is considered constitutional with the restriction of rights only valid for up to five years from the time the convicted person has finished his sentence. Article 38 of the Criminal Code determines the revocation of rights shall come into force on the day the court ruling commences. This leads to overlapping of rules between one criminal law product and another and another subsequent problem, namely criminal disparity. On the basis of any overlap that occurs in any additional penal provisions in the form of deprivation of political rights, it is necessary to synchronize the norms, to end the conflict between the laws therein and to extract the values ​​of Pancasila as the source of the law. Keywords: additional criminal, political rights, corruption
Pemenuhan Hak Konstitusional Penghayat Kepercayaan Parmalim Dalam Dokumen Administrasi Kependudukan : Studi Putusan Mahkamah Konstitusi Republik Indonesia Nomor 97/PUU-XIV/2016 Daulat Nathanael Banjarnahor; Faisal Akbar Nasution; Mirza Nasution; Afnila Afnila
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Indonesian Constitution, the 1945 Constitution has regulated the freedom of every citizen to embrace religion or adhere to faith and be treated equally and not discriminatory. In its implementation, freedom to adhere to beliefs, equal treatment and non discrimination has not been felt by believers, especially those who believe in parmalim because they have not been able to state their status as trustees in the demography administration document. The problem in this thesis study is how the legal arrangement related to the Indonesian belief in Indonesia during the new Order period to date, how the implementation of the constitutional rights of the termination of trust Parmalim in the administration The population before and after the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016, and how the State responsibility in fulfilling the constitutional rights of the Parmalim belief in the Demography Administration. This thesis uses empirical legal research methods. The data used in this thesis research are secondary data in the form of primary, secondary, and tertiary legal materials and supported by primary data in the form of in depth interviews with informants. The development of regulations related to belief groups in the New Order era can be seen in several forms of legislation, including the MPR Decree. Other arrangements in the form of a Presidential Decree, Minister of Religion Decree, Minister of Home Affairs Circular, Attorney General's Decree, and Law. During the regulatory reform period, the belief group was in the form of acknowledgment to the belief group which was regulated in the MPR Decree and Law. The implementation of fulfillment of the constitutional rights of the parmalim trustees in demography administration before the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016 was done by the Medan City Demography and Civil Registry Service is limited to Family Cards (KK) and was not done yet to identification card because refer to Demography Administration Law. After the Republic Indonesia Constitutional Court Decision Number 97/PUU-XIV/2016, Slowly gradually the Indonesian state through the government began to take strategic measures to accommodate the inclusion of the status of the belief in the administration of their residency, which is to publish The regulation of the minister of home affair, make any changes to the demographic information system, and issued a circular letter ministry of home affairs’ circular letter. The form of state responsibility in fulfilling the constitutional rights of the people who believe in parmalim in demography administration has not been fully implemented because it is still limited to filling in the KK religious column.   Keyword: compliance, constitutional rights, parmalim trustees, demography administration
Penyelenggaraan Dana Desa Berdasarkan Prinsip Akuntablitas Dan Transparansi Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa di Kabupaten Langkat Hartina Hartina; Faisal Akbar; Mirza Nasution; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the autonomy of the village led to the needs of a large Fund for each village to manage the Government's village. The construction of the rural area is a mix of development between villages in one district/city in an effort to speed up and improve the quality of service, development and empowerment of village community in the rural area through approach participatory development. Based on background. such research will be analyzed inaugural village Fund, channelling procedure mechanism budget funds from the state budget to the village village and barriers in the system of organizing the village Fund with the object of research done in the County Langkat. The implementation of village funds consists of original village income, Regional Budget and Expenditures (APBD) and State Budget (APBN). The administration of village government affairs which become village authority is funded from the Village Budget (APBDesa), central government assistance, and regional government assistance. Obstacles in the Village Fund Delivery System include the Low Synchronization Between Village and District Level Planning, the amount of Village Fund Allocation (ADD) as a support for government administration operations is still limited, Lack of intensity of Village Fund Allocation (ADD) socialization to the community, Village Government claims difficulties to prepare an Accountability that is in accordance with the specified standards.   Keywords: village development, village fund, local government, state finance
Co-Authors Adrian, Rifki Affila Afifah, Dessy Tri Afnila Afnila Afnila Agusmidah Agusmidah Ahmad MAULANA Aisyah Ariad, Agrah Ali Ibsan Jaya Alvi Syahrin Alwi, Haldan Amalia, Nadia Andi Nova Bukit Andryan Andryan Ardimen Areza, Tri Sandi Muji Arie Nurwanto Aulia, Anna Nur Auliq, M Aan Azizah, Fitri Nur Bancin, Wahdaniati Beny Setiawan, Beny Bismar Nasution BISMAR NASUTION Br. Karo, Pebrina Silva Budi Ginting Budi Santho Parulian Nababan BUDIMAN GINTING Cannafaro, Francisco DAULAT NATHANAEL BANJARNAHOR Deanova, Sanaya Rizky Dearma Sinaga Desrimon, Arfi Destriyadani, Rika Dewi, Ika Rusdika Dicky Muslim Dmk, Rizki Ramadhan Dwi Augustia Ningsih Edo Maranata Tambunan Edy Ikhsan Edy Ikhsan Efridha, Nurul Elmas Yuliantri Eman Sulaiman, Eman Ewaldo, M.Faith Fauzi Iswahyudi, Fauzi Febriani, Melisa Fiqih, Fiqih Fitri Handryani Fitri, Dira Zahara Fitriana Fitriana Ginting, J. Putra Hajar Ashwad Halil, Munawar HAPNI, ELIDA Hartina Hartina Hasan, Daffa Aulia Hasballah Thaib Hasibuan, Yersa Umar Hayati, Misbah Hendra Poltak Tafonao ILHAM FAUZI Ilyas Ilyas Inom Nasution ISWAHYUDI ISWAHYUDI Jelly Leviza Junaida, Muvira Jusak Tarigan Jusmadi Sikumbang Letisya, Letisya M. Yamin M. Yamin Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Manullang, Sahala Maryanne, Steffi Seline Mathilda Chrystina Katarina MIRZA - NASUTION Mirza Nasution Mirza Nasution Mohammad Rezza Fahlevvi Mubarok, Zidny Muhammad Abduh Muhammad Ansor Lubis Muhammad Arif Muhammad Hamdan Muhammad Ihsan Muhammad Iqbal Muhammad Ramadhan Muhammad Yamin Lubis, Muhammad Yamin Murni, Sheila Natasya Nasution, Mirza Nurazizah, Fitri Nurbaiti, Saniya Pane, Ali Pernantian Pendastaren Tarigan Pohan, Mulatua Pramasheilla, Dinda Assalia Avero Pramitha, Ade Purwowicaksono, Rizki Putra, Dyfan Nandatama Raden Irvan Sophian, Raden Irvan Rafael, Maicel Jhose Rahmah, Jamilatu Rahmi Syahriza, Rahmi Ramadhan, Sarial Ramses Purba Rasina Padeni Nasution Rizki Dian Sari RIZKI RAHAYU FITRI Rizki, Syahriandi Robin Reagan Sihombing Rosnidar Sembiring Saddam Bancin Safrizal Wahyudi Santoso, Raihan Fadhilah Sari Devi Tumanggor Selatieli Zendrato Selfirah, Nadia Setyawan, Andhi Sihombing, Deus Levolt Sihombing, Eka N A M Sinulingga, Indra Kurnia Solly Aryza Steffi Seline Maryanne Ginting Suci, Rosnatun Sudiro Basana Sugianto Sugianto Suhaidi Suhaidi Suhaidi Suhaidi Suherman Nasution Sukamto Satoto Sunarmi, Sunarmi Suprayitno Suprayitno Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutikno Sutikno Syafruddin Kalo Syahru Ramadhan Syarif, Rinaldi Tri Afifah, Dessy Tri Kurniawan Tyas Wijaya, Luna Ayuning Veithzal Rivai Zainal Wahyuni, Riya Yani, Ulfa Yanti, Mira Yevastri, W.D Yusa, Naufal Yusril Izzi Arlisa Amiri Zhakira, Feliza Putri