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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).

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMALSUAN MEREK PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK Alimuddin Sinurat; Runtung Runtung; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT In Law No. 15/2001 on brand, the caharacteristics of the criminal act of brand counterfeiting belong to the statement that all criminal act of brand counterfeiting is a violation that it is more to private than public law in nature, the characteristic of criminal law is increasingly less raised, the ordinary offense is changed into a crime on complaint, and the imprisonmentis reduced from 7 years to a maximum of 5 years. The law enforcement resulted in the uncertainty of law and justice. Different court decisions based on different criminal charge and even different imposed articles are given to the matters of the same cases. Therefore, the crime on complaint shall be changed into ordinary offense and the criminal act of brand counterfeiting shall also be considered as a criminal act not as a violation only. Keywords: Brand, Characteristics, Criminal Act, Brand Counterfeiting, Law Enforcement

ANALISIS YURIDIS PEMBERIAN KREDIT OLEH KOPERASI TERHADAP PENGUSAHA KECIL DAN MENENGAH BERDASARKAN UU NO.17 TAHUN 2012 TENTANG PERKOPERASIAN (Studi Pada Koperasi Kredit Union Sejahtera Tebing Tinggi) Gunawan Sibarani; Tan Kamello; Mahmul Siregar; Keizerina Devi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cooperatives as people’s economic movement give their contribution to small and middle businesses in increasing the welfare, especially for their members. A cooperative is both the guidance for people’s economic policy and a part of national economic order. How is the regulation of giving credit to small and middle businesses according to Law No. 17/2012 on Cooperatives? How is the implementation of giving credit to small and middle businesses at Koperasi Kredit CU Sejahtera, Tebing Tinggi? Are there any obstacles and how to solve them? The regulation of giving credit in Law No. 17/2012 on Cooperatives should be in savings and loan. In this case, the credit at Koperasi Kredit CU Sejahtera, Tebing Tinggi is given only to its registered members. The main obstacle is the incapability of its members to pay off the credit. It is recommended that the cooperative adapt its statutes to Law No. 17/2012 on Cooperatives by amending USP to KSP, giving credit should be based on the capability and compatibility, and special advisors who give sanction to fraudulent field workers should be supported. Kata Kunci : Savings and Loan Cooperative, Small and Middle Businesses, Kopdit CU Sejahtera Tebing Tinggi

ANALISIS HUKUM TERHADAP KEWAJIBAN SERTIFIKASI ISPO (INDONESIAN SUSTAINABLE PALM OIL) DALAM KAITANNYA DENGAN PERTUMBUHAN INVESTASI DI INDONESIA (STUDI PADA PT REA KALTIM PLANTATION – JAKARTA) Mutiara Panjaitan; Alvi Syahrin; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Both Indonesian Sustainable Palm Oil (ISPO) and the Roundtable on Sustainable Palm Oil (RSPO) are equally defined as a palm oil certification system that adheres to the principles of sustainable and environmentally growth for all plantation company. RSPO certification is a voluntary that differs from the ISPO which is compulsory (mandatory). ISPO obligations arises from the enactment of the Minister of Agriculture No. 19/Permentan/OT.140/3/2011 Guidelines on Sustainable Palm Oil Indonesia. For PT Rea Kaltim Plantation, as an RSPO certified and has obtained another sustainable and environmental certification, the obligation to implement ISPO regulation become the polemic since such regulation will obligated PT Rea Kaltim Plantation neither from the financial nor for the government aspect. Eventually, the status of the ISPO should be analyzed, since there is an argument that ISPO has no legal binding/legal force, meanwhile, according to the Agriculture Ministry which stated that the ISPO regulation is binding and has legal force, therefore, every Indonesian palm oil companies should become the subject to such requirement. ISPO legislation is binding by law because under the Article 8, paragraph (2) of Law No. 12 2011, states that the rules can be established by such authority. ISPO requirement is established by the duties and authority of the Ministry of Agriculture and therefore this requirement has any legal binding/legal force that set up for it. The higher legislation, equal to the Presidential Decree should be released in ordered to established ISPO requirement; the failure of the Government in promoting ISPO certification must be addressed; In addition of oversight the regulation of ISPO, the Indonesian oil palm companies should remained firm and commit in applying ISPO certification and. Keywords : Roundtable on Sustainable Palm Oil (RSPO), Indonesian Sustainable Palm Oil (ISPO) Regulation, and Legal Position ISPO Regulation

PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERSETUBUHAN PADA ANAK (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR: 1202 K/PID.SUS/2009) Panca Hutagalung; Muhammad Hamdan; Mahmud Mulyadi; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law No. 23/2003 on Child Protection is initially intended to protect children and to ensure their safety by providing security for their rights. Nevertheless, sexual harassment toward children often occurs and indicates its escalation even though it is regarded as a felony. How about the regulation on sexual harassment according to the criminal law in Indonesia, how about the enforcement of criminal law in judex facti in the case of sexual harassment toward children under the Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn, and how about the enforcement of criminal law in judex juris on sexual harassment toward children under the Verdict No. 1202K/Pid.Sus/2009.The research used juridical normative method with prescriptive analytic. Sexual harassment toward children is regulated in the Criminal Code, in Law No. 23/2003 on Child Protection, and in Law No. 23/2004 on the Abolition of Violence in Household. The enforcement of criminal law in judex facti under the Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn is in line with law of criminal procedure. Handing down a verdict is based on the authentication theory according to law negatively and follows fault theory although the victim’s fault is not considered. The enforcement of criminal law in judex juris under the Verdict No. 1202K/Pid.Sus/2009 is in line with law of criminal procedure and reflects the theory of the victim’s fault. Keywords: Law Enforcement, Sexual Harassment, Child.

ASPEK HUKUM PERLINDUNGAN KONSUMEN DALAM KEBIJAKAN STANDAR NASIONAL INDONESIA (SNI) TERHADAP INDUSTRI ELEKTRONIK RUMAH TANGGA DI SUMATERA UTARA (STUDI PADA PT. NEO NATIONAL MEDAN) Roli Harni Yance S. Garingging; Runtung Runtung; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesian National Standard (SNI) was adopted by the International Standard Organization (ISO), the ISO adopted in particular fan of the International Electronic Commission (IEC). If businesses do not implement the SNI shall be sanctioned by Law No. 8 of 1999 on Consumer Protection. Problems arise when businesses are implementing SNI should produce in terms of trials to get SPPT-SNI. For example, be appointed PT. Neo National was to test the feasibility of the product quality brands such as Fan “SiJempol”. Products PT. Neo National was not obtained SNI, but TPPBJ Team (Team Supervisor Circulation of Goods and Services) found that the fan was in factory PT. Neo National has not been certified SNI. Therefore, PT. Neo National alleged to have committed violations of consumer protection in the field of producing goods that are not SNI. Provisions charged to PT. Neo National was Article 62 Paragraph (1) Jo. Article 8 Paragraph (1) Letter a and e. Law No. 8 of 1999 on Consumer Protection. In the meantime, to get SPPT-SNI, all businesses required to conduct due diligence on the quality Industrial Research Institute of Standardization. To test the feasibility of quality, these businesses also have to produce the goods samples for testing. This research was conducted to obtain legal certainty in the field of SNI for businesses who are implementing SNI. Barriers experienced by manufactures are SNI setting that overlap with consumer protection. Arrangements; Attitutde of PPNS-PK were unprofessional and proportionate; and Lact-disregard the Ministry of Industry in guiding businesses. Key Word : Indonesia National Standard; Consumer Protection; Implementation of SNI.

KEKUATAN EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN PENGEMBALIAN UTANG PEMBIAYAAN BERMASALAH PADA PRAKTIK PT. BANK MUAMALAT INDONESIA, TBK CABANG MEDAN Sherhan Sherhan; Tan Kamello; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The spirit of the birth of the Mortgage Act was a solution for the banking sector in terms of having control collateral that debtor financing problems as a source returns. After doing research on practice in PT Bank Muamalat Indonesia, Tbk which carry out executions Mortgage as a loan repayment guarantees for customers financing problems and the results are not significantly the maximum. Parate execution and real implementation of execution has its own weaknesses and loopholes. Parate execution as UUHT has advantages in terms of legal loopholes guarantee control assets that are still occupied because mandatory evacuation filed suit to state court of domicile, in addition to the implementation of parate execution may also lead to a lawsuit or opposition from its own customers with reasons to be implemented through the courts. While the implementation of the execution of real legal certainly for directly by the district court through the command chair of the district court, but the process will take a long time because it must go through several stages of the process execution like Aanmaning, Determination confiscation execution, Execution of confiscation execution, Determination and the auction process. It’s make obstacles for the Bank's business turnover in healthy NPF (Non Productive Financing), this is a problem for the Bank in disbursing financing to the community. Keywords : Financing problems, Mortgage, Parate Execution, Real Execution

PERTANGGUNGJAWABAN PIDANA TERHADAP PERKAWINAN POLIGAMI TANPA PERSETUJUAN ISTRI YANG SAH (STUDI PUTUSAN MAHKAMAH AGUNG NO. 330K/PID/2012) Zaid Alfauza Marpaung; Syafruddin Kalo; Madiasa Ablisar; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal Responsibility is the continuation of reproach objective of the offenses and subjective to a person eligible to be sent to jail for his actions. Criminal Rensponsibility lead to comprehension basically bear the punishment of the perpetrators of criminal acts. Elements of criminal responsibility among others unlawful act, error, delibérate, responsable abilities. Arranged in polygamous marriage law No 1 of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 on The implementation of the law of Marriage and Compilation of Islamic law for the adherents of the religión of Islam. Polygamous marriages that do not meet the requirements as specified by law No 1of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 in The implementation of the law of Marriage and Compilation of Islamic, one of them without the consent of the lawful wife (Study of The Supreme Court Decisión No 330K./Pid/2012) a criminal offensed. Criminal sanctions stipilated in Article 45 letter a Goverment Regulation No 9 of 1975 on The Implementation of the law of Marriage which is the crime of administration and also subject to the providions of Article 279 paragraph 1 of The Criminal Code which is a crime against civil position. This study was conducted to determine the criminal responsibility of the polygamous marriage without the consent of the legitimate wife (Study of The Supreme Court Decision No 330K/Pid/2012). Type of research is the study of normative. This study uses data collection methods legal literature. Data analysis was done qualitatively, making it easier to analyze the problems which will be discussed later , interpret and draw conclusions. Based of the result obtained can be concluded consideration of the judge to criminal liability study of The Supreme Court Decision No 330K/Pid/2012 polygamous marriage without the consent of the legitimate wife. The judge believes the defendant meets the criminal elements set forth in the provisions of Article 279 paragraph 1 of The Criminal Code and the defendant has meet the elements of criminal responsibility is unlawful act, error, delibérate, responsable abilities.

PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PERPAJAKAN MELALUI PENERAPAN UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Suranta Ramses Tarigan; Syafruddin Kalo; Bismar Nasution; Sunarmi Sunarmi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tax is the biggest revenue resources for a country. Tax criminal act results in inflicting loss to the country itself. Law on tax has been amended for three times until the enactment of Law No.28/2007 as the Third Amendment of Law No.6/1983 on General Provision and Taxation Procedures. The other law that can be applied as the form of seriousness in preventing and eradicating tax crimes is through the application of Law No.8/2010 on Money Laundering Perevention and Eradication as the policy of government to prevent and eradicate the criminals especially the tax criminals that they cannot practice money launderinh anymore. Keywords: Tax Criminal Act, Money Laundering Criminal Act

PRINSIP KETERBUKAAN SEBAGAI PERLINDUNGAN INVESTOR DALAM TRANSAKSI LUAR BURSA (OVER THE COUNTER) SEBAGAI TRANSAKSI DALAM PASAR MODAL INDONESIA Meisy Kartika Putri Sianturi; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bapepam Rule Number: III.A.10 on securities transactions issued in 1997, among other terms governing the transaction outside the stock exchange, the inter-company transactions between the company's securities or securities with other parties that are not regulated by the stock exchange, and transactions between persons who are not corporate securities. This study aims at finding out 1). How arrangements and transactions practice OTC (over the counter) in the Indonesian capital market 2). How does the principle of openness as an investor in a transaction protection OTC (over the counter) in the Indonesian capital market 3). What forms of fraud that occurred in the transaction counter (over the counter) and the urgency of forming regulations that accommodate OTC transactions investor protection. It was found out that 1). Bapepam Regulation No.III. No.A. 10 of the Securities Transaction no offensive presence OTC transactions (over the counter) but not a complete set of the transactions OTC (over the counter). 2). This could lead to legal uncertainty in practice-counter transactions (over the counter) and less protection for investors who transact OTC (over the counter). Unlike the practice of OTC transactions in foreign countries such as the United States, Hong Kong and Singapore where the transaction OTC (over the counter) specifically stipulated in a separate regulation. The absence of special arrangements for OTC transactions (over the counter) in the Indonesian capital market led to the lack of transparency as a principle of regulation in particular the protection of investors in the transaction OTC (over the counter). 3). Instances of corruption that occurred in transactions outside the stock exchange is the inaccurate information that issuers of securities companies more concerned with function brokerage fee without losing the security aspect, which is often distorted information data and value securities issuers. Keywords: Transactions, Over the Counter, Disclosure Principles, Investor Protection, Indonesian Capital Market

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA