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Sunarmi, Sunarmi
Fakultas Hukum Universitas Sumatera Utara
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Police Description In The Investigation of Criminal Narcotics (study at the north Sumatera National Narcotics Agency) Agung Anugrah Lubis; Syafruddin Kalo; Madiasa Ablisar; Sunarmi Sunarmi
LEGAL BRIEF Vol. 10 No. 1 (2020): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (418.309 KB)

Abstract

Discretion is interpreted as “freedom and/or authority in making decisions to take actions that are considered appropriate or in accordance with the situations and conditions faced wisely and with due regard to all possible considerations and options. This research is a type of empirical normative legal research and the nature of the research used is descriptive-analytical. The data used are primary data and secondary data. The discretion of the police against narcotics crime at the investigation level is regulated in Article 18 paragraph (1) and Article 16 paragraph (1) letter 1 and paragraph (2) of the Police Law. The discretionary power of the police cannot be separated from several factors, namely internal and external factors. The legal consequences of discretionary actions by investigators of narcotics crimes are resolved through general courts.
Legal Consequences of Opening Access to Financial Information of Customer Data for Tax Purposes Based on Indonesian Law Kristi Emelia Pasaribu; Budiman Ginting; Sunarmi Sunarmi; Mahmul Siregar
International Journal Reglement & Society (IJRS) Vol 3, No 1 (2022): January-April
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i1.188

Abstract

The enactment of Law Number 9 of 2017 concerning Government Regulation in Lieu of Law Number 1 of 2017 concerning Access to Financial Information for Tax Purposes Being this law is the first step in tax reform to improve the taxpayer database and also transparency of the tax potential that exists in each taxpayer. This law is the commitment of the State of Indonesia to participate in the G20 international agreements in the field of taxation in order to realize the Automatic Exchange of Financial Account Information (AEOI) financial information exchange and is expected to help strengthen Indonesia's tax system towards a more modern direction and increase awareness of mandatory taxes in fulfilling their tax obligations. The research method is normative juridical, which is descriptive analytical with data collection techniques from library research. Data analysis was carried out using a qualitative normative method, where this research was classified as normative which was complemented by a comparison of secondary data research. From the results of the study, it is known that the legal consequences of opening access to financial information on customer data after the issuance of Law no. 9 of 2017 concerning Stipulation of Government Regulation in Lieu of Law No. 1 of 2017 concerning Access to Financial Information for Tax Purposes Being a law is for the tax party, namely the Directorate General of Taxes, that they no longer need to bother but can directly request data from the bank. Through this regulation, the Directorate General of Taxes of the Ministry of Finance has the flexibility to access financial information of customers who are taxpayers. Then, the legal consequences for banks are required to provide information to the Director General of Taxes, either through electronic/non-electronic or through other access and exchange of information. Banks or Financial Services Institutions that do not submit, do not carry out the procedures for this provision will have legal consequences for tax authorities, for banks and for customers
Perlindungan Hukum Investor Terhadap Produk Investasi Emas Di Pegadaian (Studi Pada PT. Pegadaian (Persero) Cabang Kisaran) Fernando Enrico Fermi Partahi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.169

Abstract

Legal protection is needed by every investor in investing in a company. The gold investment in the form of gold tubes is no exception at PT. Pegadaian (Persero) Range Branch. The problems discussed are legal protection for investors who invest in gold from gold investment losses, the responsibility of gold investment management companies for losses experienced by investors, the application of law related to protection of gold investors at PT. Pegadaian (Persero) Range Branch. The research method uses a normative juridical legal research method, which refers to legal norms. This research is descriptive analytical. The data used is secondary data. consists of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. Based on the research results obtained, it shows that legal protection for investors who invest in gold from losses on gold investments is carried out in two forms. Namely preventive legal protection and repressive legal protection. The responsibility of the gold investment management company and gold investor begins when they agree to sign the agreement. The company's responsibility for losses suffered by investors is that the company is responsible for these losses due to information that is not in accordance with the agreement. The application of law related to the protection of gold investors, namely gold savings at PT. Pegadaian (Persero) Kisaran Branch is carried out in accordance with the laws and regulations. The forms of legal protection are preventive and repressive. Agreement between legislation. The forms of legal protection are preventive and repressive. The agreement between the company and the investor is a standard agreement that has been provided by PT. Pegadaian (Persero) Kisaran Branch
Analisis Hukum General Data Protection Regulation (GDPR) Terhadap Data Pribadi Konsumen Dalam Melakukan Transaksi Online Yahya Ziqra; Sunarmi Sunarmi; Mahmul Siregar; Jelly Leviza
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.146

Abstract

Privacy is very important for individuals because basically a person must have a side of himself that others do not want to know and there will be a desire from the individual to protect his secrets. European Union (EU) law views personal data as any information relating to a living person that can be protected through the General Data Protection Regulation (GDPR). The purpose of this study is to find out why personal data needs legal protection, whether the laws and regulations in Indonesia have protected personal data in online transactions, and how the comparison of personal data protection in conducting online transactions in Indonesia with the European Union. This research method uses a descriptive normative juridical approach. The data used are secondary data collected by using library research techniques. All data were analyzed by qualitative data analysis method. Based on research, it is very important to protect personal data so that it is not easily exploited or misused when conducting online transactions, but the laws and regulations in Indonesia have not fully protected personal data.
Pelindungan Hukum Atas Potensi Indikasi Geografis Di Kabupaten Tapanuli Utara Balqis Siagian; O.K Saidin; Suhaidi Suhaidi; Sunarmi Sunarmi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.189

Abstract

Geographical indications are Indonesia's national economic potential that can provide commercial added value to products due to their originality and product limitations that cannot be produced in other areas. North Tapanuli Regency, as an area that has the potential of Geographical Indications must immediately register the products that are geographically indicated to be registered immediately so that they are not used by other parties who are not entitled to and receive legal protection. The problems of this thesis are: how are the characteristics of products that have the potential as Geographical Indications to be registered for geographical indications in North Tapanuli Regency, what obstacles are faced in registering products that have the potential as geographical indications in North Tapanuli Regency and what is the role of the Regional Government in registering agricultural products that are potential as a geographical indication in North Tapanuli Regency. This type of research is empirical juridical where the data sources are obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data was collected through library research and field studies by conducting interviews. The data analysis used is qualitative data analysis. Based on the results of the study, it was concluded that the characteristics of products that have the potential as GIs to be registered for geographical indications in North Tapanuli Regency are to meet objective requirements, namely elements that indicate reputation, quality, and characteristics that must be shown through a product with potential GIs and subjective requirements, namely the parties. those who can apply for registration of GIs are the Provincial or Regency/Municipal Governments and parties who are operating goods that have such GIs. The obstacles faced in the registration of agricultural products that have the potential as geographical indications in North Tapanuli Regency are: lack of information from the government, low legal awareness and understanding of the community and the length of the IPR registration process. The role of the Regional Government in registering agricultural products that have the potential as geographical indications in North Tapanuli Regency is still not focused and less serious. For this reason, it is suggested to the community to be enthusiastic and participate in the socialization of IGs, the community must cooperate with the Regional Government in registering IGs and the Regional Government is expected to play a more active role in socializing the importance of protecting IPR
Analisis Akta Wasiat Atas Harta Bersama Yang Dilaksanakan Setelah Suami Meninggal Berdasarkan Putusan Pengadilan Agama No: 2304/Pdt.G/2017/PA Medan Putra Rizki Akbar; Sunarmi Sunarmi; T. Keizerina Devi Azwar; Edy Ikhsan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.147

Abstract

A letter of will has to be contained in the deed, in line with the provision stipulated in article 921 of the Civil Code which states that one shall list all the assets that were present at the time of the death of the donor or testator. When heir’s rights are violated, he is allowed to take legal efforts by claiming for his absolute or legal portion through a civil lawsuit to Religious Court, an example of which is the case in the Religious Court Ruling No.2304/Pdt.G/2017/PA Medan. The inherited assets disputed in this ruling belong to Drs. H. AUL and Hj. AHN. When they were still alive, Hj. AHN had drawn up two deeds regulating the provision and sharing of her assets. Due to these deeds, the siblings and nephews of H.AUL, the legitimate husband of Hj. AHN, did not receive any assets. The plaintiffs consider that Defendant I and Defendant II act as if they have full rights over the assets of AUL and AHN, in fact the plaintiff thinks that he is also rightful over the assets of AUL. Reconciliation between both parties has ever been attempted but it failed; thus, the plaintiffs finally file a civil lawsuit to the court. In their lawsuit, they state that they disagree to the action taken by AHN and want to claim for revocation of the deeds in order that they can receive some of the assets inherited by AUL and AHN. This is an analytical descriptive research that describes and analyzes data systematically to provide as conscientious da as possible about humans. The data collection technique employed in this research is combination of documentary study and field research. This research collected secondary data consisting of primary, secondary, and tertiary legal materials. The status of joint property is entitled due to death parting husband and wife as regulated in article 96 paragraph (1) of Islamic Law Compilation which states that half of joint property becomes the right of the other spouse (husband or wife) who lives longer. In this case, the wife has the right to make a will which object belongs to joint property after death of her husband, as long as there is not any violation to the requirements for validation and limitations made by the testator during the drawing up of the deeds. If the limitations are violated, according to Article 201 of Islamic Law Compilation, the will takes only 1/3 of the inheritance. The will drawn up by Defendant II as a Notary has surpassed maximum limit of 1/3 without the consent from Plaintiff I until IX and Defendant III until Defendant VIII as heirs, also, the will was drawn up when AHN was in the state of serious illness which was 1 month after her death. Therefore, the deeds can be revoked because they violated some prevailing regulations
Tuntutan Tindak Pidana Penggelapan Terhadap Perbuatan Wanprestasi Dalam Hukum Perdata (Studi Putusan Pengadilan Negeri Tebing Tinggi No. 74/Pid.B/2019/Pn.Tbt Tertanggal 28 Mei 2019) Juni Kristian Telaumbanua; Sunarmi Sunarmi; Madiasa Ablisar; Mahmud Mulyadi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.139

Abstract

Tebing Tinggi District Court Decision No. 74/Pid.B/2019/PN.Tbt dated May 28, 2019 where the defendant was charged for having committed late payment of bills after taking goods belonging to PT. Agung Bumi Lestari with arrears of Rp. 226,828,440.- which was agreed upon must be paid no later than 30 days after taking the goods. As a result, the defendant had to serve 2 months in prison. Therefore, it is necessary to study the boundaries that distinguish between default and the criminal act of embezzlement in the agreement and the application of default and embezzlement in the decision of the Tebing Tinggi District Court No. 74/Pid.B/2019/PN.Tbt.
Peran Akuntan Publik Terhadap Praktek Pelanggaran Prinsip Keterbukaan Yang Berindikasi Pernyataan Menyesatkan (Misleading Statement) Dalam Praktek Di Pasar Modal Dwi Putri Rezky Sihite; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.178

Abstract

A public accountant is a capital market supporting profession whose role is to present quality information in financial reports. Accountants are responsible for providing opinions or expressing fairness in financial statements. In carrying out activities in the capital market, public accountants are obliged to implement the principle of openness because the purpose of the principle of openness is to create an efficient market mechanism. Violations of the transparency principle include misleading statements with mispresentations and omissions in material facts. By providing information based on the principle of transparency, it is possible to anticipate the possibility of not obtaining information or misleading statements to the public or investors. The method used in this paper is normative juridical which uses secondary data and primary data as legal material. Data were collected by conducting a literature study and analyzed qualitatively. The results of this paper are known that public accountants audit financial statements as a professional obligation in the capital market. Public accountants who provide flow services in the capital market must be registered with the Financial Fervices Authority (OJK). Public accountants in providing their assurance services must act professionally and independently. Public accountants always work according to their professional code of ethics, but on the other hand there are errors and fraud in providing assurance services, one of which is misleading statements. Public accountants who make misleading statements are subject to sanctions in the form of administrative, criminal and civil sanctions
Tinjauan Yuridis Kerugian Negara Dalam Kerja Sama Operasional (KSO) Investasi Yang Dilakukan Oleh Yayasan Yang Didirikan Oleh BUMN (Studi Kasus Yayasan Bapelkes Krakatau Steel) Faisal Anshari Dwana; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 3, No 1 (2022): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v3i1.210

Abstract

The foundation law allows foundations to open a business or invest 25% of the foundation's total wealth. When a foundation invests and suffers a loss, there are legal issues regarding liability for the loss of the foundation, especially foundations established by state-owned enterprises. This study is intended to unravel and analyze the position of the Foundation established by the BUMN (Bapelkes Krakatau Steel Foundation), the position of the Foundation's losses originating from operational cooperation (KSO) with other parties with losses to state finances and the Foundation's organs for losses arising from operational cooperation (KSO). ) by the foundation. This research is a normative legal research and is descriptive analytical. In this study, the legal approach (statute approach), conceptual approach (conceptual approach) is used. and the case approach. Secondary data as the main data were collected by using literature review techniques and analysis using normative-qualitative data analysis methods. As a legal entity, a foundation is an independent legal subject that has assets separate from the assets of its founder (separate legal entity). whether it is a foundation established by an individual or a BUMN, the legal status is the same, namely a legal entity, in other words every activity carried out by the foundation is the responsibility of the foundation itself. Therefore, when the Krakatau Steel Bapelkes Foundation entered into a KSO investment agreement and suffered losses, it also included state losses, but became the foundation's own losses. And the responsibility for the loss of the foundation is placed on the Trustees, Supervisors and Management of the Foundation if the loss occurs due to an error/omission, unless it can be proven that the loss did not occur due to an error or negligence due to his fault.
Dampak Globalisasi Terhadap Eksistensi Pancasila Sebagai Staatsfundamentalnorm Bagi Bangsa Dan Negara Indonesia Dalam Pembentukan Hukum Nasional Ridho Ansari Simanjuntak; Faisal Akbar; Sunarmi Sunarmi; M Yamin Lubis
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 2 (2021): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i2.122

Abstract

The influence of capitalism is characterized by the strong attraction of the free market and foreign investment. Facing this pressure, developing countries tend to be weak, even almost powerless. Pancasila as a philosophy in the life of the nation and state in Indonesia, is the ability of the values contained in Pancasila as a philosophy in facing every threat of globalization that affects all aspects of the life of the nation and state in Indonesia. Based on this, it is necessary to conduct research related to the impact of globalization on the existence of Pancasila as a staatsfundamental norm for the Indonesian nation and state in the formation of national law. The problem of this research is how is the influence of globalization in the economic field on the ideology adopted by a nation/state? How can Pancasila as a way of life for the Indonesian people become a filter from the influence of globalization in the economic field? How is Indonesian legal politics in maintaining the Pancasila legal system in the face of the influence of globalization in the economic field? The research method used in this research is normative legal research using a law approach, a conceptual approach and a case approach. The data sources of this research consist of primary data and secondary data. This research is descriptive analytical using qualitative data analysis. From the results of the study, it was found that globalization in the economic field has an impact on the ideology of the Indonesian nation and state, namely the inhibition of national economic development based on the concept of populist/kinship economy as stated in Article 33 of the 1945 Constitution of the Republic of Indonesia. Pancasila as a way of life for the Indonesian nation has not been able to become filter from the negative impacts arising from globalization in the economic field. Indonesian legal politics in maintaining the Pancasila legal system in facing the impact of globalization in the economic field requires the implementation of a people's economic system by providing people's economic protection.
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 Bagus Firman Wibowo 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 Selatieli Zendrato 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 Widodo Ramadhana Yahya Ziqra Zam Zam Jamilah Zulkarnain Zulkarnain