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All Journal Proceedings of Annual International Conference Syiah Kuala University - Social Sciences Chapter USU LAW JOURNAL TRANSPARENCY Journal of International Law Abdimas Talenta : Jurnal Pengabdian Kepada Masyarakat Integritas: Jurnal Antikorupsi JOURNAL OF SCIENCE AND SOCIAL RESEARCH JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum ADIL : Jurnal Hukum NOMOI Law Review Locus Journal of Academic Literature Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Sistem Informasi Mahakarya (JSIM) Realita: Jurnal Penelitian dan Kebudayaan Islam Jurnal Pencerah Bangsa AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism Al-Bayyinah Causa: Jurnal Hukum dan Kewarganegaraan Acta Law Journal Jurnal Intelek Dan Cendikiawan Nusantara Jurnal Intelek Insan Cendikia Neoclassical Legal Review: Journal of Law and Contemporary Issues ULJLS
NINGRUM NATASYA SIRAIT
Fakultas Hukum, Program Studi Magister Ilmu Hukum, Universitas Sumatera Utara
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 1 
KEKUATAN MENGINGKAT KLAUSULA SYARAT BATAL DALAM KONTRAK BISNIS YANG MENYAMPINGKAN KETENTUAN PASAL 1266 DAN PASAL 1267 KUH PERDATA Christopher Iskandar; Ningrum Natasya Sirait; Runtung Runtung; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The termination clause in business contracts that overrules the Article (s) 1266 and 1267 of the Civil Code serves to protect the creditors on one side but on the other side is detrimental to the debtors when they fail to carry out the performance. Some of the problems formulations in this thesis are how the binding strength of the termination clause that overrules the Article (s) 1266 and 1267 in business contracts and how the impelementations of the executions are to the business contracts with the termination clauses that overrule the Article (s) 1266 and 1267 of the Civil Code. The parties must be consistent with the agreement to overrule the Article (s)1266 and 1267 of the Civil Code so that the termination clause is binding. Futhermore, exceptio non adimpleti contractus and bad faith are some factors that cause the termination clause that overrules the Article (s) 1266 and 1267 of the Civil Code to not be binding. Finally, the implementations of parate executie should refer to The Verdict of Constitutional Court No. 70/PUU-VIII/2010 that strengthens the position of parate executie as fulfillment of performance for creditors to sell the mortgage objects without the fiat (order).
PERTANGGUNGJAWABAN PIDANA BADAN USAHA BERBENTUK CV (COMMANDITAIRE VENNOOTSCHAP) DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Abdul Aziz Alsa; Ningrum Natasya Sirait; Mahmul Siregar; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Commanditaire Vennootschap (CV) is an uncorporated business entity as a perpetrators of enviromental crime is obliged to mantain the function of the enviroment and manage the pollutions or enviromental damages. Pollutions or enviromental damages caused by an economical contents and will be increase as the progress of economical. It is a duty of every person to mantain the functions of the enviroment and manages the pollutions or enviromental damages.The responsibility of an uncorporate business entity to enviromental protection and management may be convicted to the business entity , and also those who govern the enviromental crimes and people who lead the offense. The uncorporate responsibility in enviromental crime may be convicted to the association and to the agents that consist by general partner and limited partner on a duty that caused a pollutions and enviromental damages. Keyword: Responsibility, Corporate, Commanditaire Vennootschap, CV, Enviromental Protection and Management.
ASAS KEPATUTAN DALAM PEMBERIAN GANTI RUGI DAN KOMPENSASI OLEH PT. PERUSAHAAN LISTRIK NEGARA (PERSERO) ATAS TANAH MASYARAKAT (Studi pada Pembangunan Jaringan Kabel Saluran Udara Tegangan Ekstra Tinggi (SUTET) di Kabupaten Langkat dan Kota Binjai) Marasamin Ritonga; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Based on the legal handling on the compensation for the people who were harmed by the construction of SUTET Cable Network which was resulted in the agreement by both parties (PT. PLN (Persero) and the people), followed by the opinion of the District Attorney, it could be concluded that: The principle of compatibility played an important role in determining the achievement and the application of justice and certainty as the responsibility of the stakeholders for their performance and willingness to comply with their agreement. The process of the principle of compatibility through the agreement by reconciliation as the realization of the living custom with transparency and consanguinity could set aside the policy of the Decree of the Minister of Mining and Energy No. 975 K/47/MPE/1999. In maximizing its function and responsibility, PT. PLN (Persero) should admit that economic development is more advanced than the written record. In order not to be long-winded in the concept of compensation, it is necessary to be brave enough in internal improvement in prioritizing the need for justice and the need for legal certainty so that the goal is more prioritized than the procedure in taking the responsibility   Keywords: Principle of Compatibility, Compensation, Justice
KEDUDUKAN DAN KEKUATAN MENGIKAT DARI NOTA KESEPAHAMAN (MEMORANDUM OF UNDERSTANDING) DALAM PERSPEKTIF HUKUM KONTRAK DI INDONESIA Fernando Z. Tampubolon; Ningrum Natasya Sirait; Runtung Sitepu; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Practically, Memorandum of Understanding (MOU) is commonly used by stakeholders, with various reasons, to do business transaction or inter-institutional relationship. As an agreement which is placed in pre-contract and preliminary contract, it is usually misinterpreted as a part of a contract in Indonesia so that it usually causes problems for stakeholders when it ends in legal dispute among the stakeholders. Therefore, it is necessary to do judicial normative analysis on the real position and binding force of Memorandum of Understanding, viewed from contract law in Indonesia. In this case, descriptive analytic method inductively and logically was used in primary, secondary, and tertiary legal materials in order to obtain clear description of meaning and principles found in the Memorandum of Understanding. The result of the analysis on court’s consideration and verdicts shows that Memorandum of Understanding tends to be described as a contract according to the principles and provisions in the Civil Code so that the consideration deviates from the meaning of Memorandum of Understanding; that is, initial agreement is designed by the absence of legal consequence. In other words, Memorandum of Understanding is an agreement which comes from the stakeholders before everything is started seriously through a more and complex agreement in order to avoid damages of those who are involved in the agreement. When the contract is final and conclusive, Memorandum of Understanding can be equivalent with the principles and provisions under Article 1320 of the Indonesian Civil Code and, at the same time, Memorandum of Understanding has its substantial principles and becomes just a name. Keywords: Position, Binding Force, Memorandum of Understanding, Contract
PERLINDUNGAN HUKUM TERHADAP DEBITUR (PELAKSANA PEKERJAAN) DALAM PELAKSANAAN PERJANJIAN UPAH BORONG (PARTISIPATIF) DALAM PROYEK SWAKELOLA DI LINGKUNGAN PEKERJAAN UMUM KABUPATEN DELI SERDANG Taufik Hasudungan Sihotang; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Government procurement of goods and service is a very essential part in the process of implementing the development. Without adequate equipment and infrastructure, the implementation of government’s work will be disturbed and it will not achieve the maximum results. In order to achieve such results, comprehensible legal regulations are required, especially regarding rights and obligations of parties that execute the work. It is closely related to the agreement made in the implementation of contracted works as stipulated in Article 1601 b of the Civil Code. According to the agreement, the work results can be accounted for in terms of its physic, finance, and usefulness for the uninterrupted flow of government work and service. The thesis discusses some problems, namely how the protection for debtor (work executor) is in the agreement to the contracted work wages (participating) in self management project at the public works of Deli Serdang Regency and how the protection for debtor (work executor) is in the implementation of the agreement to the contracted work wages (participating) in the self management project at the public works of Deli Serdang Regency. The thesis uses analytical prescriptive judicial normative research method. It used the theory of Legal Protection. The data were gathered by using primary, secondary, and tertiary legal materials, supported by approach methods, namely statute approach, conceptual approach and case approach. The gathered data were analyzed qualityatively.  The results showed that: First, in the agreement to the contracted work wages between the debtor (private party/contractor) and the creditor (government /employer), the debtor had weaker position compared to the creditor. The debtor is vulnerable to endure loss that was uncertainly paid by the creditor. Secondly, the agreement to the contracted work wages did not reflect balance principle in which the debtor bear their own obligations, for which in this research the debtor took legal action to obtain legal protection, so that the agreement world reflect the balance principle.   Keywords: Legal Protection, Debtor (Work Executor), Self Management
TANGGUNG JAWAB DIREKSI ATAS LAPORAN KEUANGAN PERUSAHAAN PUBLIK Rumata Rosininta Sianya; Bismar Nasution; Ningrum Natasya Sirait; Sunarmi Sunarmi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One of the organs of a company is Board of Directors that are fully responsible for the management, interest, and goals of a company and representing the company either in or outside of court of law (persona standi in judicio). Public company with applies the principle of transparency requiring the Board of Directors to periodically provide a financial report to Badan Pengawas Pasar Modal (Bapepam) as regulated in the Regulation of Bapepam No. VIII.G.7. Board of Directors of Public Company are required to issue a Letter of Responsibility of Board of Directors for the Financial Report signed by President Director and Financial Director. If an information /material fact inflicting loss to the third party is found in the financial report, according to Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7, the Board of Directors of Public Company is jointly and severally reponsible for the injured parties. Therefore, the writer is interested in doing a study entitled “The Responsibility of Board of Directors for the Financial report of Public Company”. The criteria determining whether or not the Board of Directors made an offense in terms of signing a statement stating the responsibility of Board of Directors for the financial report inflicting loss to the party outside of the company can be seen from the substance of the financial report whether or not it was made under good faith and full of responsibility for the proper purpose of the company, whether or not the Board of Directors had applied the standard of care that they were avoided from negligence that can inflicting loss to other parties, whether or not the Board of Directors had been beyond their authority, not only to what is prohibited in the statutes of the company but also to the existing regulations or public order (ultra vires), and whether or not the Board of Directors made their business decision based on rational basis. The form of the responsibility of the Board of Directors for the financial report according to the Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7 in the case of incorrect or misleading information/material fact inflicting loss to other parties was a joint responsibility off all members of the Board of Directors of the public company because whether or not the substance of the letter of statement of the Board of Directors related to the financial report was correct, was binding and become juridical responsibility of all members of the Board of Directors of public company, considering that President Director and Financial Director signing the financial report acted for and on behalf of the company as long as the principles of duty of care, good faith and rational basis in drafting and preparing the financial report were applied by the President Director and Financial Director, all of the members of the Board of Directors are required to have a joint responsibility for the loss inflicted to the third party. Keywords: Responsibility, Financial Report, Public Company
Analisis Hukum Terhadap Restrukturisasi Badan Usaha Milik Negara (BUMN) Sektor Minyak Dan Bumi Putri Ayu Pratiwi; Ningrum Natasya Sirait; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The state established a SOE to seek natural wealth for the people's welfare. There are two Sector SOE of Oil and Gas namely PT Pertamina and PT PGN. In an effort to boost the performance of SOE, the Government has restructured the synergy of similar BUMN. The Government established Oil and Gas SOE Holding through Government regulation number 6 of 2018 concerning Addition of capital participation into PT Pertamina share capital. Through the Government Regulation, making Pertamina as the parent company of SOE oil and gas, PGN as a subsidiary and resulting in the status of the PT PGN Tbk Company (Persero) changing into a limited liability company that fully complies with the limited company Law, PGN is no longer a BUMN. Government regulation number 6 of 2018 as the legal basis for the establishment of the Oil and Gas Holding raises a mismatch of the legal rules between the Company Law and the BUMN Law and the State Finance Law, the State Treasury Law and the Oil and Gas Law which results in legal uncertainty. The absence of legislation governing state-owned holding increasingly makes it unclear in managing BUMN. The transfer of State shares to PGN to Pertamina resulted in PGN being subject to the Company Law. However, in the explanation of Government Regulation Number 72 of 2016, that a subsidiary in this case PGN is equated with a BUMN. Therefore, the provisions of Government Regulation Number 72 of 2016 and Government Regulation Number 6 of 2018 are only to legalize the establishment of Oil and Gas SOE Holding but do not make it absolutely a Limited Liability Company.   Keywords: restructuritation, state own company, oil and gas
Analisis Hukum Penolakan Aksesi Framework Convention On Tobacco Control (FCTC) Terhadap Industri Hasil Tembakau di Indonesia Cahya Wijaya; Ningrum Natasya Sirait; Mahmul Siregar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The tobacco industry becomes a controversial industry. In one side, it have very big role for the national economy, in other hand it has a negative impact on health and environment. To carry out tobacco control efforts WHO issued FCTC. Although  Indonesia is one of the members (drafting committee) in initiating FCTC. However, Indonesia is the only country in the Asia Pacific region that did not signed the FCTC agreement. Therefore, the problem arises, namely how the international movement anti-tobacco campaign was carried out by the FCTC initiator, how is the rejection on the FCTC's accession by Indonesia government, how is the harmonization between legislation regarding tobacco control with the provisions of the FCTC although Indonesia not ratify the FCTC. Based on the results of the study it can be concluded that the anti-tobacco campaign movement was initiated by the FCA, the Bloomberg Initiative, non-governmental organizations and civil society. The international regime approach is used to replace the nicotine consumption pattern with NRT. Rejection of FCTC accession by the Indonesian government due to an interests. One of the interests are interests of state revenue. Although Indonesia did not ratify the FCTC, the Indonesian government adopted and harmonized laws and regulations with the provisions of the FCTC through various regulations including the regulation of advertising, promotion and sponsorship through Law Number 32 of 2002 concerning Broadcasting, Labeling and packaging through minister of health regulation Number 56 of 2017 concerning the pictorial health warning. In addition, the government has formulated a tobacco control roadmap.   Keywords: accession, tobacco, industry, FCTC
Co-Authors Abdul Aziz Alsa, Abdul Aziz Affila Agusmidah Agusmidah Agustina Pasaribu Ainun Syuhadah Lubis Aloysius Uwiyono Amin, Wan Liza Anak Agung Istri Sri Wiadnyani Azwar, Tengku Keizerina Devi Bakti Sukwanto Bismar Nasution Cahya Wijaya Chairul Bariah Chairul Bariah Cheryl Patriana Yuswar Chris Agave Valentin Berutu Christopher Iskandar Cindy Theresia Br Manurung Dedi Harianto Diennissa Putriyanda, Diennissa Dina Mariana Djodie, Mohammad Effan Dung, Tran Viet Edy Ikhsan Elbert, Elbert Eltisha Graciana Emya Pratidina Sembiring ESRA STEPHANI Evelyne Theresia Fernando Z. Tampubolon Hasim Purba Helen Apriyani Br. Pasaribu Hotman Bintang Parulian Aruan Hussein, Safinaz Mohd. Hutagalung, Cholid Hutapea, Kathrin Irawaty Noralinda Jelly Leviza Ladyta Tahany Reformita Marpaung Lesly Saviera Lubis, Ainun Syuhadah Lubis, Muhammad Abdul Ali Lubis, Tri Murti M. Yamin Lubis Mahmud Mulyadi Mahmud Siregar Mahmuddin Mahmuddin MAHMUL SIREGAR Mahmul Siregar Mahmul Siregar Marasamin Ritonga Maria Kaban Marlina, Marlina Marpaung, Ladyta Tahany Reformita MARSHIAS MEREAPUL GINTING Muhammad Anggi Nasution Muhammad Hamdan Nadeak, Sugianto SP Nasution, Muhammad Anggi Porananond, Ploykaew Purba, M Hadyan Yunhas Putri Ayu Pratiwi Ramaiah, Angayar Kanni Rangkuti, Liza Hafidzah Yusuf Reggie Priscilla Ridho Pamungkas Robert Robert Robert, Robert Rosmalinda Rosmalinda Rumata Rosininta Sianya Runtung Runtung Runtung Sitepu Saidin, OK. Salim Abdurrahman Samuel Midian Tarigan Shania Meilisa Sinulingga, Tommy Aditia Sipahutar, Regina Lois Priscilla Sitepu, Runtung Solind Ruta Siregar Suhaidi Suhaidi Suheri Angga Sukamto Satoto Sukarja, Detania Sukwanto, Bakti Sunarmi Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto T. Keizerina Devi T. Keizerina Devi Tan Kamello Taufik Hasudungan Sihotang Taufik Siregar Theddy Theddy Tri Murti Lubis Utami, Vira Dwi Vira Dwi Utami WINDHA WINDHA Yuriandi, Agung Yusuf, Darmawan