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Fakultas Hukum Universitas Sumatera Utara
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PERTANGGUNGJAWABAN PIDANA TERHADAP DIREKSI YANG TELAH MELAKSANAKAN PRINSIP KEHATI-HATIAN DALAM BUMN PERSERO (STUDI PUTUSAN MAHKAMAH AGUNG NO.417K/PIDSUS/2014) Dezky Muji Setyo; Madiasa Ablisar; Mahmul Siregar; Sunarmi Sunarmi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the result of the research, it can be seen that there is no firm regulation in the Law of Limited Liability Company and State-Owned Law concerning the standard of prudence and good faith standard for the directors in the management of BUMN. The law only describes the duties and obligations of the Board of Directors which will incur legal liability not only from the aspect of civil law but also from the side of the criminal law if it is proven that the Board of Directors performs any acts deviating from its legal obligation in managing the Company that harms the Company. However, the board of directors may also defend against itself through the principle of business judgment rule if it can prove that in carrying out its duties and obligations do not deviate from the law and articles of association of the company and implemented based on the principle of prudence in good faith and honest so that the loss on the Company Not caused by mistakes or omissions caused by the directors themselves. Keywords: criminal responsibility, board of directors, prudential principles, state-owned enterprises
KEDUDUKAN HAK MENDAHULU TAGIHAN PAJAK PADA PROSES KEPAILITAN (STUDI PUTUSAN-PUTUSAN PENGADILAN NIAGA) Sheila Miranda Hasibuan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The main state revenue is through the tax sector. The issue of corporate bankruptcy which is an economic phenomenon that cannot be avoided in the business world. One of the effects of bankruptcy is the reduced state revenue from payment of corporate taxes. One important factor in the division of bankrupt assets is the position of creditors and the position of the state's right to payment of tax debts in the debtor's bankruptcy process. Another problem that might arise is that it turns out that the assets owned by the bankrupt debtor are insufficient to be used as repayment of the debts of the creditors. The portion of debt tax payable in some cases can exceed the proceeds of the sale of bankrupt assets, so that if all are prioritized to pay off the tax debt, the other creditors are threatened not to get anything from the proceeds of the sale of bankrupt assets. The problems discussed in this thesis are concerning the prior position of rights in the laws and regulations related to bankruptcy, collection of tax debts against taxpayers declared bankrupt and regarding the application of preceding rights to tax debts to taxpayers declared bankrupt based on court decisions. The research method used is normative juridical descriptive nature. This research focuses on library research and is based on secondary data, and analyzed using qualitative analysis methods. The research conducted shows the results that the laws and regulations governing the prior rights of creditors to debtor debts are insolvent spread in many laws, which causes legal uncertainty. This situation resulted in the position of the creditors becoming vague and uncertain. Furthermore, regarding taxpayers declared bankrupt, either the person or entity assigned to do the settlement is prohibited from distributing the assets of the taxpayer in bankruptcy, before using the asset to pay the tax debt of the taxpayer concerned. The application of prior rights over tax debts to taxpayers declared bankrupt based on court decisions has multiple interpretations, on the one hand recognizing the position of the state as the prior owner of the rights, but in other decisions the position of rights before the state is ruled out. Keywords: Priority Rights, Bankruptcy, Tax Bills
PENERAPAN UNDANG-UNDANG NO. 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN TINGGI SUMUT Taufik Taufik; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT For a Public Prosecutor (JPU) it is not easy to verify the indictment in the corruption case in the court, especially in the case of corruption, the evidence and the witnesses are numerous, it requires a team to do so. It takes courage, intelligence, professionalism in performing the proofing process, such as summoning witnesses, summoning experts, showing presenting evidence of letter and other evidence in front of the trial. The whole process of the trial required a skill. In addition to proving the indictment, in the case of handling corruption cases, the public prosecutor should also make every effort to recover the state's financial losses. In the case of Corruption, the public prosecutor has the right to give an indictment, but when viewed in the current corruption cases the public prosecutor often neglects and weakly performs duties and authority in the case of indictment. In the case of criminal acts of corruption, sometimes the public prosecutor is less assertive in giving indictments and processing cases of corruption. The emphasis of indecision here can be seen from the prosecutor's charges that are handling corruption cases, never using money laundering offenses in the indictment. Actually, Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime (hereinafter referred to as "TPPU Law") has been enacted since October 22, 2010 which aims to make the state financial loss so great that it can be returned to the state. Therefore, there is no weakness in the legislation in Indonesia to ensnare the perpetrators of corruption. The device already exists only live snared alone. The perpetrator of a corrupt crime must return all the proceeds of his crime to the state. Keywords : money laundering; corruption; high attorney office of north sumatra.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCUCIAN UANG PADA ASURANSI (STUDI PUTUSAN No.740/PID.SUS/2014/PT.MDN) Aulia Annisa; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

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ABSTRACT The perpetrators of the crime of money laundering in insurance companies using mode-advanced mode so difficult are examined. Money laundering is a criminal offence that are attributable with other criminal acts. Origin of the crime (predicate crime) in accordance with article two (2) paragraph one (1) Law No. 8 year 2010. After he had done the crime perpetrator then origin such criminal conduct placement (placement) for the criminal offence of money results not known that result from criminal acts. The perpetrators of the obscure origin of these funds by placing in the insurance company up to with a specific time limit. The perpetrator put money into the insurance company and take the results of the Fund. The money like they not halal money of any crime. This is where the perpetrators of money laundering was very interested to do money laundering from insurance. Defendant Maria Rina Chrsissanty Sinaga has earned or gained control of placement, transferring, payments, grants, donations, day care, or to use the Treasures that he knew or should she bargained for was the result of a criminal act counterfeiting and forgery of the transfer to the account of such customer without the knowledge of its customers to conceal and disguise the proceeds of criminal acts. The process of proof in the criminal offence of money laundering through the insurance in the case of Maria Rina Chrissanty Sinaga using theories based on positive law because the system is adhered to the teaching that is based on whether or not the defendant is guilty there lack of valid evidence tools according to laws that can be used to prove the fault of the defendant. Judges here see anything presented by prosecutors with the tools themselves and then drop the verdict in accordance with kajahatan the accused. In its ruling No. 740/PID. SUS/2014/PT. MDN defendant in the snare of article 3 of law No. 8 Year imprisonment punishment 2010 with 2 (two) year 6 (six) months and a fine of Rp. 100.000.000 (one hundred million rupiah) if the fine is not paid then replaced with sentence 1 (one) months imprisonment. Keywords: Crime, Money Laundering, Insurance
Perjanjian Kredit Sumut Sejahtera PT. Bank Sumut Dalam Kaitannya Dengan Penyelesaian Kredit Bermasalah Adi Saputra; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Micro, small and medium enterprises have so far shown their strategic role especially in expanding employment opportunities, increasing community income and economic growth in Indonesia including maintaining and recovering the economy during the critical condition. One of the difficulties experienced by the micro entrepreneurs in exanding their business is the limited cap[ital due to the difficulty of accessing the working capital provided by the banks because of the absence of collateral. It is stated in  Article 3 and Article 6 of Law No.10/1998 on Banking that the main function of Indonesian banking is to raise and distribute public funds, and one of the bank businesses is to extend credit. In relation to this matter, to help develop the micro business without collaterals, Bank Sumut lunched a product called Kredit Sumut Sejahtera, a credit extended to the Kelompok Keuangan Mikro (Micro Financial Group= MFG) with 20 (twenty) till 30 (thirty) members through banking education in the form of guidance, training and consultation on the compulsory weekly meetings. This MFG applies the system of Grameen Bank popularized by Muhammad Yunus in Bangladesh. This credit extension is only to fund the micro working capital especially to empower the financially disadvantaged women. Although, up to now, there is no special regulation from Bank Indonesia on the technical implementation of credit extension through the Grameen Bank system, the bank can extend the credit through this Grameen Bank system based on Law No.10/1998 on the Amendment of Law No.7/1992 on Banking, Law No.20/2008 on Micro, Small and Medium Enterprises, the Regulation of Bank Indonesia No. 14/22/PBI/2012 on Credit Extension, or the Financing by Commercial Banks and Technical Assistance for the Development of Micro, Small and Medium Enterprises. During this credit extension activity, the incident of non-performing loan is unavoidable but it can be minimized. If this Kredit Sumut Sejahtera is not performing well due to the factors raised by the debtors, the strength of joint-liability groups is one of the effective efforts to settle the problem, and the bank can debit the debtors’ savings to pay their debt or file an application to the court in order to confiscate all of debtors’ assets for the repayment of their debt under section 1131 of the Indonesian Civil Codes. The incident of the non-performing loan can be avoided through the in-depth analysis done to the debtor before the credit is extended, doing strict monitoring system in credit extension, and making a clause in the credit agreement that can protect the bank.   Keywords: Credit Agreement, Non-Collateral Credit for Micro Business, Non-Performing Loan Settlement
Pengawasan dan Penindakan Sebagai Upaya Perlindungan Hukum Terhadap Dana Masyarakat yang Disimpan Di Lembaga Koperasi Simpan Pinjam (KSP) Kamaluddin Pane; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The activities of the Saving Loan Cooperative (KSP) into a special phenomenon for the past two years, the cause is a loss of Community Fund are fantastic.This is becoming a lot of questions of the extent of secuirity and a protection of Community funds that are deposited in the Institution the cooperative store, on this issue ultimately had to be returned to the proportion of the legislation and regulations, containing the entire activities of the Saving Loan Cooperative (KSP) as part of one of the forms of community economy activities which many popular varieties. As for the related legislation implementation activities KSP is Act Number 25 Of 1992 about cooperation, Act number 1 of 2013 About microfinance institutions, and regulation of the financial services authority (POJK) and ministerial regulation Cooperatives And Small And Medium Enterprises (KUKM).  The method used in this research is the juridical normative or legal research methods, that is a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of rules and Legislation, and the data that is retrieved by accessing the internet related to this research. The study was done with that data, so it can be compare to unknown picture of efforts to answer to the problems of the legal protection of the community's funds deposited in the Cooperative Institutions. Based on Act Number 25 year 1992 About Cooperative then convened a Community Fund activities by Cooperative Loan (KSP) is done to a limited extent. But the fact is, a lot of problematic cooperative of loan have done activities gather funds widely. In addition, according to the law number 1 Year 2013 about microfinance institutions, then should all activities KSP compulsory license, the construction and supervision of the financial services authority (OJK). And that became a problem as long as it is stored in Community Fund Cooperative Institutions (KSP) do not have a guarantor of Deposits. Keywords: legal protection, Cooperative Loan, the financial services authority, the institution of Micro finance
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
Upaya Satuan Narkoba Polrestabes Medan Dalam Menanggulangi Tindak Pidana Narkotika Melalui Aplikasi “Polisi Kita” Nur Istiono; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In an effort to combat drug offenses by the Indonesian National Police (Polri), the Medan Polrestabes has launched a mobile application called "Our Police". The application is in response to the development of information technology and the high number of mobile users by the public. So that the existence of these applications is expected to minimize crimes that occur in the community, including illicit drug trafficking. Basically, for the community users of the application can easily report the illicit circulation of narcotics to Medan Polrestabes Officers to be forwarded to officers in the field to check the truth of the report. The use of the "Police Us" application is Polri's service to the community based on technology and knowledge (Technology and Knowledge Based). All units and units in the Medan Polrestabes are as much as possible in using technology and information in accordance with the demands of their duties. The "Our Police" application launched by the Medan Polrestabes is still something new. Therefore there are still many problems that arise in their use.   Keywords :     narcotics, medan polrestabes,  application of “Polisi Kita”.
Peran dan Fungsi Otoritas Jasa Keuangan Dalam Melindungi Konsumen Melalui Penyelidikan dan Penyidikan Tindak Pidana Perbankan : Studi Kasus Bank Perkreditan Rakyat Nusa Galang Makmur, Deli Serdang Teuku Fathir Mustafa; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In carrying out its duties and authorities based on independence and free from the intervention of any party, one of the tasks of the OJK is "Investigation" which is one of the OJK supervisory duties as referred to in Article 9 letter c of Law No. 21 of 2011 concerning the Financial Services Authority. If the occurrence of a criminal offense in the banking sector is carried out by an insider, there are several laws that are usually applied, namely: The Criminal Code, for example: Counterfeiting, Darkening, Emphasis in Position, Deception, and Theft, etc Law No. 31 of 1999 concerning Eradication of Corruption Crime as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crime; and Law No. 7 of 1992 concerning Banking as amended by Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking. The Financial Services Authority is expected to be able to realize a financial system that grows sustainably and stably and is able to protect the interests of consumers and society. Article 29 paragraph (1) Law No. 8 of 1999 concerning Consumer Protection, that the government is responsible for fostering the implementation of consumer protection which guarantees the rights of consumers and business actors and the obligations of consumers and business actors. The case of banking crime that was raised in this study is the allegation of "Banking Crimes at PT. BPR Nusa Galang Makmur, Deli Serdang North Sumatra ", which was allegedly carried out by the Managing Director of PT. BPR Nusa Galang Makmur. The President Director intentionally provided credit facilities to 34 debtors of Rp. 3,210,000,000, - which deviates from the banking provisions.   Keywords       :     financial services authority, consumer protection, banking crimes.
Kepastian Hukum Terhadap Standar Pelayanan Publik Dalam Pelayanan Izin Usaha : Studi di Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Kota Pematang Siantar Rudy Rudy; Budiman Ginting; Sunarmi Sunarmi; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Implementation of Mayor Regulation No. 8 of 2017 concerning Delegation of Authority Signing of Licensing to the Head of Pematangsiantar City One Stop Service and Integrated Investment Services that reflects disturbed justice and public services based on the principles of good government law which tend to be a manifestation of justice and benefit is not carried out optimally.   Keywords: public services, business permit services, and pematangsiantar city
Co-Authors Aben Bintang Manondang Situmorang Ade Nona Halawa Ade Yuliany Siahaan Adi Saputra Adji Suryapranata Agnest Elga Margareth Agung Anugrah Lubis Agusmidah Agusmidah Aida Nur Hasanah Alemina Alemina Aloysius Supriyadi Alvi Syahrin Alvi Syahrin Alvi Syahrin Alvi Syahrin Alvi Syahrin Amanda Serena Andreas Iriando Napitupulu Anthonius Ginting Arfin Fachreza Ashri Azhari Baeha Aulia Annisa Balqis Siagian Bismar Nasution Bismar Nasution Bismar Nasution BUDIMAN GINTING Chandra Purnama Charles Silalahi Citra Valentina Nainggolan Dara Qurratu’ Aini Yusuf Dede Aquari Irawan Surbakti Dedi Harianto Delfani Febryana Lubis Deliana Simanjuntak Dezky Muji Setyo Diah Ayu Oktriningsih Dwi Putri Rezky Sihite Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Suranta Tarigan Edy Yunara Efendi Tambunan Ekaputra Ekaputra Ekaputra, Mohammad Endame Suranta Ginting Eri Lukmanul Hakim Pulungan Faisal Akbar Faisal Akbar Nasution Faisal Anshari Dwana Fatimah Islamy Nasution Ferawati Br.Tarigan Fernando Enrico Fermi Partahi Finita Serena Hutabarat Fitri Yanni Dewi Siregar Frans B.S. Siagian Frengky Manurung Gusfen Alextron Simangunsong Hady Saputra Siagian Hanifah Azizah Hasim Purba Hasim Purba Hasim Purba Hasim Purba Hasim Purba Hasyim Purba Hendra Adiwijaya Hendra Eko Triyulianto Hermoko Febriyanto Ilham Rohjadina Iman Rahmat Gulo Imastian Chairandy Siregar Indah Chairani Saragih Indra Sakti Iqbal Ramadhan Satria Prawira Ismawansa Ismawansa Ivan Jovi Hutauruk Jelly Leviza Jenda Riahta Silaban Jhordy M.H. Nainggolan Jimmy Donovan Joharlan Hutagalung Juni Kristian Telaumbanua Jusmadi Sikumbang Kamaluddin Pane Keizerina Devi Keizerina Devi Azwar Kristi Emelia Pasaribu Kuo Bratakusuma Laurentia Ayu Kartika Putri Lisa Andriansyah Rizal M Febriyandri Satria M Yamin Lubis M. Adityo Andri Cahyo Prabowo M. Ekaputra M. Hamdan M. Hamdan M. Ichsan Rouyas Sitorus M. Ulul Azmi Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Manambus Pasaribu Maranatha Purba Marlina Marlina Marlina, Marlina Martuasah Tobing Mayanti Mandasari Sitorus Melati Fitri Mhd Edwin Prananta Surbakti Mirza Nasution Muhammad Aulia Rizki Agsa Muhammad Ekaputra Muhammad Firdaus Muhammad Hamdan Muhammad Haris Muhammad Hendra Razak Muhammad Husairi Muhammad Iqbal Muhammad Ridwanta Tarigan Muhammad Syarif Muhammad Zhafran Nanda Lucya Gultom Nanin Aprilia Fitriani Novrilanimisy Novrilanimisy Nur Istiono Nurjannah Siregar O.K Saidin Omar Akbar Aldian Pinem Prayogo Hindrawan Putra Rizki Akbar Rachmat Aribowo Rahmat Anshar Hasibuan Ridho Ansari Simanjuntak Rina Alamanda Nasution Robert, Robert Ruben Tambunan Rudi Haposan Siahaan Rudy Rudy Rumondang Hotmayuliance N Runtung Runtung Sheila Miranda Hasibuan Simon Simon Sinulingga, Tommy Aditia Sondy Raharjanto Sri Endhayani Ginting Suka Sudarma Setiawan Suhaidi Suhaidi Suhaidi Suhaidi Suhdi Maulana Nst Suherman Nasution Sukarja, Detania Sukses M. P. Siburian, Sukses M. P. Sumurung P Simaremare Suranta Ramses Tarigan Surtan Harista Muda Hasibuan Surya Ari Wibowo Susi Muliyanti Sutan Sinomba Parlaungan Harahap Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Syafruddin Kalo Syafruddin Sulung Hasibuan T Keizerina Devi Azwar T. Devi Keizerina Azwar T. Keizerina Devi Azwar Tamiarisa Amanda Fasa Rambe Tan Kamello Taryono Raharja Taufik Taufik Tedi Franggoes Andri Siburian Tengku Keizerina Devi Teuku Fathir Mustafa Tri Murti Lubis Tumpal Utrecht Napitupulu Tunggul Yohannes Ucox Pratua Nugraha Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Venia Utami Keliat Vina Trinanda Dewi Wahyu Simon Tampubolon Wibowo, Bagus Firman Widodo Ramadhana Yahya Ziqra Zam Zam Jamilah Zulkarnain Zulkarnain