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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 18 Documents
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Search results for , issue "Vol 3, No 2 (2015)" : 18 Documents clear
ASAS ULTIMUM REMEDIUM DALAM PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PERPAJAKAN OLEH WAJIB PAJAK Sarah Hasibuan; Madiasa Ablisar; Marlina Marlina; Utari Maharany Barus
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Legal settlement of tax crime specified in section 44B of Act Number 28 of 2007 on the third amendment to the Law No. 6 of 1983 on General Provisions and Tax Procedures (UUKUP) is the grant of authority by law to the Minister of Finance by reason of the interest of the state revenue, requesting the Attorney General to stop the tax crime investigation process. KUP Law Article 44B shows that the actual application of the criminal law violations are not to be Primum remedium, but more oriented to remedium ultimum. This is stated explicitly, although the infringement lawsuit by the taxpayer has been declared complete, but the Minister of Finance can still ask the Attorney General to stop the investigation due consideration to the interests of state revenue, if it has not been declared complete means the Minister of Finance can be directly ruled Directorate General of Tax to stop it.   Keywords: Ultimum Remedium, Tax Crime.
PERBEDAAN ANTARA WANPRESTASI DAN DELIK PENIPUAN DALAM HUBUNGAN PERJANJIAN Sugirhot Marbun; Mahmud Mulyadi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Breach of contract is a true realm of civil law which should not be replaced by blaming someone else who did the breach of contract under criminal law but it must be based on the civil law.The offense of fraud should not be blamed on someone who did it for acts of breach of contract because it is the domain of criminal law. But in the court practice, a dilemma in law enforcement between which act is included in the category of breach of contract and which act is included in the category of offense of fraud in a contract frequently occur. The characteristic of breach of contract is seen from the negligence of somebody inimplementaing achievement in the good faith. While the element in the offense of fraud is exactly seen from the contrary namely from the element of intent not from the element of negligence. In the court of law, the practice of breach of contract and the offense of fraud. For the characteristics of breach of contract was released by the judge seen from the longstanding trade relationship in good faith. While the characteristics of the oiffense of fraud contained the element of intent in bad faith, benefiting themselves  or others,  not performing or avoiding obligations, containing the words of lie, and delaying for no obvious reason. Therefore, every individual, the parties or communities in making an agreement, especially police officers, prosecutors, advocates, and judges need to understand the characteristics of the difference between breach of contract and the offense of fraud. In the cases of agreement with the indication of breach of contract, the negligence of debtor in paying his debt must be proven first before the debtor can be accused for having breached a contract. Whilein the cases of agreement with the indication of the offense of fraud, the element of intent in bad faith must be proven first. Keywords: Agreement, Breach of Contract, Offense of Fraud
ANALISIS YURIDIS PERMOHONAN IZIN PENYELENGGARAAN RADIO PADA FREKUENSI 99,5 MEGAHERTZ (PERKARA TATA USAHA NEGARA NOMOR 86/G/2010/PTUN-MEDAN) Tri Kurniawan; Pendastaren Tarigan; Suhaidi Suhaidi; Faisal Akbar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Radio is a means of communication that does not use cable as its medium, but uses electromagnetic waves to transmit voice. The use of radio frequency spectrum in the manner intended, and should not interfere with each other as the nature of the radio frequency spectrum can propagate in any direction without knowing the limits of the country, therefore, its use should require a permit from the Government. Concluded, first, setting the organization of broadcasting about granting permission to use the radio frequency spectrum in Indonesia are required for every person who, either legal entities of government, private and foreign in Indonesia, radio broadcasting must obtain permission from the Government through the MCIT.  Secondly, the principles of good governance Government associated with broadcasting license application filed by PT. RPLN are not implemented optimally and wisely, especially the Minister of Communication and Head of the Institute of Radio Frequency Spectrum Monitor Class II Medan. Third, the basic consideration of the judge's decision to cancel the Minister of Communication on radio broadcasting license application filed by PT. RPLN legally well-founded based on a consideration of the principles or the principles of good governance and has in the law normative.
PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PROSES PEMBERIAN IZIN MENDIRIKAN BANGUNAN ( Studi Pada Dinas Tata Ruang dan Tata Bangunan Kota Medan ) Yuke Dwi Hidayati; Pendastaren Tarigan; Budiman Ginting; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The regulation of license found building in Medan arranged in various forms of regulation, ranging from legislation to regulation mayor, as well as a variety of related laws. But this time the legislation has not been implemented explicity. The general principle of good administration is seen as unwritten legal norms that should always be adhered by government. However, the application of the general principle of good administration currently not optimally carried out by Medan’s government, in particular spatial and office building. Presence of building that do not have license found building but sturdy buildings remain standing, which eventually became a problem for Medan’s government, because when the license found building is issued while the certificate does not exist, then the Medan’s government has done unlawful acts. In the otherwise, if Medan’s government does not give the license found building but still left the constraction is tantamount to letting a violation of law. This violates the principle of legal certainty, precision in action and also the principle of public interest. Medan’s government supervision of the implementation of the city government license found building as well as the administrative law to enforce license violation sodium absorption ratio is still unfair. The building with a very large category but have been left standing, while the buildings in the small category but not have done demolotion license. Therefore required the use of up general principle of good administration more firmly in the issuance of license found building and also required the application of strict sanctions and supervision are more optimal.
PENGUATAN FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO.92/PPU-X/2012) Andryan Andryan; Muhammad Solly Lubis; Suhaidi Suhaidi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Regional Representative Council (DPD) as a new state agency after the 1945 amendment was originally expected to be able to realize the presence of two rooms representation system (bicameral). As an embodiment of the people, the DPD related to the legislative function as stated in the Constitution, 1945. In carrying out its legislative function, the DPD's involvement is limited to the discussion of Level I. In fact, the 1945 allows DPD follow up on the process that takes place in Level II. The Constitutional Court (MK) has strengthened the legislative function of the DPD some previously reduced by Act No.27 of 2009 on MPR, DPR, DPD and DPRD, and Act No. 12 of 2011 on the Establishment of Laws and Regulations. DPD in the legislative function should be viewed as a whole, starting from the submission process to approve a Bill (the Bill). Implications of the decision of the Constitutional Court on strengthening the legislative function of the Regional Representative Council, that DPD is constitutionally have gained in three aspects: first, the authority of DPD in the proposed bill relating to the area; Second, the authority of the Council, who discussed the bill relating to the area; Third, DPD involvement in the preparation of the National Legislation Program. Strengthening the legislative function should be done by rearranging comprehensively legislative function in the system of government, with the fifth amendment of the 1945 Constitution is to establish a system of checks and balances in the representation of the people in the way that the doctrine of popular sovereignty. Keywords: DPD, Legislation, and System of Representatives
PENJATUHAN SANKSI PIDANA TERHADAP ANAK PELAKU KEJAHATAN Pranggi Siagian; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Sanctions provided judges against juvenile offenders is in the form of sanctions measures and sanctions in prison, but within 30 (thirty) decision of the district court examined, the judges are more likely to sanction a prison, whereas criminal sanctions contrary to Child Protection Law. Of 30 (thirty) cases studied judge gives legal considerations through legal facts, facts trial, judgment based on a minimum of two (2) valid evidence, along with confidence, asking the opinion of the Board of Corrections and parents of children , and takes into account aggravating elements as a result of the defendant and the defendant relieve elements. The basic consideration in decisions to judges of juvenile offenders see in terms of the elements of the article have been met and other considerations is that such action can cause public unrest, as well as the obligations of judges in the decision to consider a report on the research community and the opinion of parents, as well as facts law and the facts in the trial are revealed, plus juridical considerations, this will give an overview to for the judge to make a decision that is fair.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI SEKSUAL DALAM PERNIKAHAN DINI (STUDI PUTUSAN MAHKAMAH AGUNG INDONESIA NOMOR 690K/PID.SUS/2010) Dewi Ervina Suryani; Madiasa Ablisar; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Sexual exploitation of children is a serious violation of Human Rights. Handling of this problem is being the main destination countries in the world including Indonesia. Child marriage is one of sexual exploitation crimes againts children, specially to the girls. It has increased year by year. Decision of court with Number 690K/PID.SUS/2010 is one of sexual exploitation of children in the marriage. Based on the survey results revealed that the settings on the prohibition of sexual exploitation in the early marriage is not expressly regulated in the law, but the actions are prohibited. Judge's decision not to accommodate the implementation of the protection of children who are victims of sexual exploitation in the early marriage, because it is concentrated to criminal punishment only. Recommended to the government to immediately assess, formulate, and implement policies abolition of child marriages below the age of criminal sanctions is high, in order to create legal certainty. Revise the Marriage Act by raising the marriage age limit for women. Conduct an education and specialized training to judges on the application of the law of the child, as well as involving them in seminars or forums that discuss the issue of children, in order to create a child protection efforts.
ANALISIS YURIDIS PENANGGULANGAN TINDAK PIDANA PENIPUAN DI BIDANG PASAR MODAL MELALUI PENDEKATAN SISTEM PERADILAN PIDANA (CRIMINAL JUSTICE SYSTEM) Aloysius Supriyadi; Bismar Nasution; Sunarmi Sunarmi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The category of criminal act in capital market is divided into two types: crime and transgression. Fraud in capital market is a crime. This category is different from the other criminal acts because it has its specific characteristics. It is specifically misleading information, viewed from the activity of capital market which is related to tender and stock exchange, stock companies, and institutions and professions which deal with stock market. Fraud in capital market is done by using information or falsified condition so that it will harm a party without having the effect on the manipulated market. Regulation on fraud on material fact in the activity in the stock exchange can be seen in Article 90 of UUPM (Law on Capital Market). Criminal Justice System is used in proactive manner when there is an indication of violation against law on capital market by verifying and/or investigating, based on the report or complaint from capital marketers. Keywords: Fraud in Capital Market, Criminal Justice System

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