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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol 2, No 1 (2014)" : 15 Documents clear
PERANAN MANAJEMEN RISIKO DALAM TUGAS DAN TANGGUNG JAWAB DIREKSI BANK BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Andy Andy; Mahmul Siregar; Suhaidi Suhaidi; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTBank as a financial intermediary institution often takes a risk of giving negative effect on economy and banking growth. In order to avoid the risk, every management (in this case, board of directors) has to apply risk management in order to give the picture of the loss which be faced by the Bank. Risk is applied by director management in order that the Bank does not undergo loss; therefore, he should keep clients’ finance properly and keep people’s trust. The application of management risk is implicitly stipulated in Law on Banking in due diligence principle and explicitly in PBI No. 11/25/PBI/2009 on Risk Management for Public Bank. If the application of risk management is applied by the director properly and the Bank still undergoes the loss, it is not the director’s responsibility personally. If the loss is caused by the director’s negligence and the lack of carefulness and good faith so that the Bank undergoes the loss, he is personally responsible for it.Keywords: Banking Risk Management, Director’s Responsibility
ANALISIS PUTUSAN HAKIM PERADILAN PIDANA TERHADAP PENCABUTAN PERKARA DELIK ADUAN ( STUDI PUTUSAN MAHKAMAH AGUNG NO. 1600 K/PID/2009) Muhammad Yusuf Siregar; Madiasa Ablisar; Mahmud Mulyadi; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTArrangement complaint about a crime has been arranged expressly in the Book of the Law of Criminal Law Article 72-75 of the Criminal Code. Complaints that have been filed may be withdrawn if still within the grace period of 3 ( three ) months after the complaint is filed ( Article 75 of the Criminal Code). The practice of the law in the Supreme Court decision No. 1600 K/PID/2009. Supreme Court Justice existing legal provisions in the Criminal Code with the advanced legal purpose of restoring the balance that occurs due to a crime and restorative justice teachings that conflict is not simply a crime as a violation of state and public interest but a conflict also represent disrupted and broken relationship between two or more individual in public relations . The panel of judges who handle cases in the decision No.1600 K/PID/2009 has given consideration First Objective of criminal law that is to restore the balance that occurs between the perpetrator and the victim because of the criminal act ; Second : It has been done for peace between the perpetrator and the victim ; Third : To maintain individual relationships within social relationships , especially parties to the conflict are bound family relationship is between the law and the law; Fourth : that the teaching of restorative justice that the judge must be able to facilitate conflict resolution satisfactory to unite the parties to the dispute.
ANALISIS KOMPARATIF YURIDIS KEBIJAKAN ANTIDUMPING ANTARA INDONESIA DAN FILIPINA Novie Andriani Kesuma; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTDumping is the practice of selling commodities in foreign markets at less than normal value. The member countries of GATT / WTO have used instruments of antidumping duties against unfair trade practices and allows members to apply anti-dumping duties. Indonesia and Philippines are part of members in WTO and have ratified the GATT-WTO provisions and should have an obligation to obey all the set provisions to their national laws. Although in the application of anti-dumping provisions, Indonesia and the Philippines are still referring to the provisions in the Antidumping Agreement, but the application of laws regulations is different. The differences are to determine the normal value of antidumping policy in Indonesia does not regulate the export price calculations based on CIF or FOB. Other factors that may affect the normal value as exchange value of the currency, Antidumping policy in Indonesia also not set up a special relationship between a producer and an exporter that should be excluded in the determination of the domestic industry and about the protection of domestic industry in Indonesia is regulated Antidumping Policy on Custom Law, while in Antidumping policy in Philippines is set in its own provisions.Keywords : Antidumping, Comparative
PELAKSANAAN FUNGSI PENGAWASAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP KINERJA EKSEKUTIF DI KOTA MEDAN Jhonny Nadeak; Pendastaren Tarigan; Faisal Akbar Nasution; Agusmidah Agusmidah
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTLocal government system as the consequence of the democratric country that adheres to the deconcentration, decentralization and local autonomy principles goves the right to the local governments to significantly take care of their own domestic affairs as optimal as possible. The supervisory function of the members of regional legislative council was comprehensively regulated, but it was only limited to checks and balance without law enforcement authority. The implementation of the supervisory function of the members of regional legislative council against the peformance of the City Government of Medan in 2011 has not owned the ideal controlling system yet. The actions taken by the members of regional legislative council were merely in the forms of recommendation, criticism, suggestion and continuous monitoring.Keywords: upervision, Regional Legislative Council, Performance, City Government of Medan, Local Autonomy
ANALISIS HUKUM PIDANA TERHADAP PENCURIAN IKAN DI ZONA EKONOMI EKSKLUSIF INDONESIA WILAYAH PENGELOLAAN PERIKANAN REPUBLIK INDONESIA (STUDI PUTUSAN NO: 03/PID.SUS.P/2012/PN.MDN Marudut Hutajulu; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTIndonesia as an archipelago has an abundant of fish resources. Geographically, Indonesia is located strategically, for which this condition becomes a challenge, and it is our responsibility to maintain, guard, and conserve these resources. This strategic condition will automatically attract foreign ships to do illegal fishing, particularly in ZEEI (Indonesian Exclusive Economy Zone) in the Area of Fishery Management of the Republic of Indonesia. The result of the research showed that the consequence of the illegal fishing in the area of fishery management of the Republic of Indonesia by foreign fishermen is very big; it amounts to 30 quintillion rupihs each year. It is recommended that, in order to cope with the criminal act of illegal fishing in the Area of Fishery Management of the Republic of Indonesia, particularly in the Indonesia Exclusive Economi Zone, the government should be serious in enlarging the budget for the supervision and furnish equipment and infrastructure which are related to supervision.Keywords: Criminal Act of Illegal Fishing

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