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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 16 Documents
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Search results for , issue "Vol 3, No 3 (2015)" : 16 Documents clear
TANGGGUNG JAWAB PENGURUS TERHADAP AKTA PENDIRIAN/ANGGARAN DASAR YAYASAN SETELAH BERLAKU UU YAYASAN DAN PP NOMOR 63 TAHUN 2008 TENTANG PELAKSANA UU YAYASAN Syahrul Sitorus; Runtung Runtung; Suhaidi Suhaidi; Keizerina Devi Azwar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted. Keywords: Foundation, Management Responsibility, Memorandum of Association/ Statutes, Property, Government
PERTANGGUNGJAWABAN PIDANA BADAN USAHA BERBENTUK CV (COMMANDITAIRE VENNOOTSCHAP) DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Abdul Aziz Alsa; Ningrum Natasya Sirait; Mahmul Siregar; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Commanditaire Vennootschap (CV) is an uncorporated business entity as a perpetrators of enviromental crime is obliged to mantain the function of the enviroment and manage the pollutions or enviromental damages. Pollutions or enviromental damages caused by an economical contents and will be increase as the progress of economical. It is a duty of every person to mantain the functions of the enviroment and manages the pollutions or enviromental damages.The responsibility of an uncorporate business entity to enviromental protection and management may be convicted to the business entity , and also those who govern the enviromental crimes and people who lead the offense. The uncorporate responsibility in enviromental crime may be convicted to the association and to the agents that consist by general partner and limited partner on a duty that caused a pollutions and enviromental damages. Keyword: Responsibility, Corporate, Commanditaire Vennootschap, CV, Enviromental Protection and Management.
PERLINDUNGAN HUKUM BAGI PASIEN PENGGUNA JAMKESMAS DALAM PELAYANAN KESEHATAN DI RSUD DR. RM. DJOELHAM BINJAI TERKAIT BERLAKUNYA BPJS DI BIDANG KESEHATAN Elmas Dwi Ainsyiyah; Suhaidi Suhaidi; Utary Maharani Barus; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement. Keywords: Health Care Service, Legal Protection, Jamkesmas
PERTANGGUNG JAWABAN BPJS KETENAGAKERJAAN TERHADAP PENYELENGGARAAN JAMINAN SOSIAL BAGI PESERTA EKS JAMSOSTEK Muhammad Febriansyah Putra; Budiman Ginting; Hasim Purba; Utary Maharany Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Social Security Law and the Law BPJS give meaning of the word "transformation" as a change in the form of BUMN Persero which organizes social security programs, a BPJS. Changes in body shape significantly change the characteristics of social security as an adjustment to change the philosophy of the organization of the social security program. Changes characteristic means a change of the legal entity that includes the establishment, scope of work and authority of the body which in turn is followed by changes in the organizational structure, working procedures and organizational culture. BUMN Persero social security consists of PT. (Persero) Askes, PT. (Persero) ASABRI, PT. (Persero) Jamsostek, PT. (Persero) TASPEN. Privaat fourth is a legal entity established pursuant to Law No. 19 of 2003 on SOE governance and subject to the provisions stipulated in Law No. 40 Year 2007 regarding Limited Liability Company. SOE transformation Persero be BPJS aims to fulfill the mandate of the funding principle and the principle of non-profit SJSN, where the funds collected by BPJS is a trust fund managed by BPJS participants to provide maximum benefit for the participants. Key Words : Accountability BPJS Employment; Implementation of Social Insurance; Former Participants of Jamsostek.
STATUS HUKUM KEBERADAAN ASET BEKAS MILIK ASING/TIONGHOA (ABMA/T) DI PROVINSI SUMATERA UTARA Jusak Tarigan; Bismar Nasution; Faisal Akbar Nasution; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Legal provisions regulate the management of the State assets in Articles 23, 23A, 23B, 23C, and 23D of the 1945 Constitution which includes APBN (State Budget), Tax, and other Revenues. Law No. 17/2003 and Law No. 1/2004 which regulate State finance that includes all right and obligation of the State can be valued by money, including all kinds of money and goods, including all goods bought or obtained by APBN/D or come from other legal sources. The legal status of ABMA/T owned by individuals (third party) and the certificate has been obtained from BPN do not guarantee that it is absolute although land registration is intended to guarantee legal certainty. In this case, the principles of negative, recent, and formal and material truth are used. The obstacles found by the team are as follows: assets are not found, the third party has obtained certificate from BPN, difference in area, shift in function, the team is not professional, lack of proactive, asset is in remote place, claim from the third party, and the problem with compensation. Keywords: Developing Legal Status, ABMA/T, Assistance Team, State Assets/ State Financial, DJKN Sumut
HUBUNGAN HUKUM PENGELOLAAN WAKAF ANTARA NAZHIR DAN BADAN WAKAF INDONESIA PROVINSI SUMATERA UTARA TERHADAP TANAH WAKAF YANG BELUM TERDAFTAR (Studi di Kota Medan) Syaddan Dintara Lubis; Muhammad Yamin Lubis; Utary Maharany Barus; Rosnidar Sembiring
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRAK Of 1,242 parcels of wakaf land in Medan, 663 of them have been certified and 393 have not, and 186 of them were in the process in the National Land Board and several of them have not been registered which will possibly cause dispute. Wakaf is expected to be able to improve people’s welfare, especially Moslems. Therefore, it is necessary to keep the assets of registered and unregistered wakaf land. The problems of the research were as follows: first, how about the correlation between Nazir and BWI (Indonesian Wakaf Board) of North Sumatera, related to the management of unregistered wakaf land in Medan; secondly, how about the obstacles faced by Nazir and BWI of North Sumatera in managing unregistered wakaf land; and thirdly, how about the role BWI in controlling the management of unregistered wakaf land in Medan. Keywords: Nazir, Indonesian Wakaf Board, Management of Wakaf Land

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