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Sumatera utara
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 17 Documents
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Search results for , issue "Vol 4, No 1 (2016)" : 17 Documents clear
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PENGGUNAAN GAS ELPIJI TIGA KG DITINJAU DARI UU NO. 8 TAHUN 1999 (STUDI PADA MASYARAKAT KOTA MEDAN) Ali Umar Harahap; Tan Kamello; Suhaidi Suhaidi; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Nowadays, people begin to shift from the use of kerosene to 3 kg elpiji (liquid natural gas) gas, and the government provides and distributes 3 kg elpiji to the people. In this case, the government is expected to maintain the quality of the product because it becomes the most important thing for consumers’ safety. If consumers’ right as stipulated in Law on Consumer Protection is not fulfilled, they have the right to file a complaint about the responsibility of PT. Pertamina for their loss in using 3 kg elpiji gas. The result of the research showed that why consumers’ right were not fulfilled was because of their lack of knowledge, education, and intensity and their indifference/apathy in using 3 kg elpiji gas, in handling its danger, and in consumer protection. This fact was supported by their lack of knowledge of how to handle its possible danger. They ignored the security in using 3 kg elpiji gas because they still used devices from conversion program. Article 19 of Law No 8/1999 on Consumer Protection states that business people are responsible for the compensation on damage, disgrace, and financial loss of consumers because of consuming produced or sold goods and services. The settlement of dispute between both parties is through the Court and settlement outside the Court is through BPSK (Consumer Dispute Settlement Board). Keywords: Consumer Protection, Dispute Settlement
ANALISIS HUKUM PENGGABUNGAN PERKARA KORUPSI DAN MONEY LAUNDERING DALAM SISTEM PERADILAN DI INDONESIA Chandra Purnama; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   In Indonesia has been increasingly widespread practice of corruption and even to all aspects of life, both at central and local levels. Corruption is referred to as a crime against humanity because it has resulted in poverty and misery of the people. Corruption practices often followed by the Money Laundering Practice, money laundering practices today are very often carried out on the money earned from the evil of corruption. Corruption with Money Laundering has a relationship or association which is very fundamental. It can clearly be seen in article 2, paragraph 1 of Law - Law No. 8 of 2010 on the prevention and eradication of money laundering. In the Act itself known with a term called "predicate offenses" (predicate crime). The results showed that the effective way to make the process of proving the corruption as predicate money laundering Crime Crime is by incorporating (concursus) an indictment, because in addition to looking for financial losses caused by the state Anti-Corruption, Public Prosecutor should also be able to prove that assets - assets and property owned by the defendant obtained by using the proceeds of the Corruption, which is done in various ways which are elements of the Crime of money Laundering, it is intended to provide a more deterrent effect to the defendant. Keywords : Corruption, Money Laundering, Concursus
PERTANGGUNG JAWABAN HUKUM KASIR (TELLER) AKIBAT KELALAIAN DALAM TRANSAKSI KEUANGAN NASABAH (STUDI PADA PT. BNI KCU USU MEDAN) Finita Serena Hutabarat; Sunarmi Sunarmi; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Banking is something which is related to banks, including institutional, business, method, and process of implementing its business. It plays an important role in clients’ financial transaction which is conducted by tellers. In this case, tellers are not without errors which harm the clients, and thus they have to take the responsibility for their errors. USU Main Branch Office of PT Bank Negara Indonesia is one of the branch offices in which the tellers make errors in clients’ financial transaction. The problems of the research were as follows: 1) how about the right and the obligation of tellers in the work contract between tellers and PT Bank Negara Indonesia, 2) how about the errors made by the tellers in conducting clients’ financial transaction at USU Main Branch Office of PT Bank Negara Indonesia, and 3) how about their responsibility for their errors in conducting clients’ financial transaction which harm the clients at USU Main Branch Office of PT Bank Negara Indonesia. Tellers’ responsibility is in the civil case in the form of an amount of money. Here, they have to and are fully responsible for settling the errors by compensating the clients’ nominal damages and the cost which was spent in doing the financial transaction. The obstacle is that when the nominal damage is too big, the tellers cannot afford to compensate it. Therefore, the management of the Bank will take over the responsibility, while the tellers will have sanction imposed on them. It is recommended that “other internal regulations” should be reaffirmed so that it will be obvious and certain which regulations that have to be complied by the tellers, and formless system in cash deposit transaction should be reviewed. Transparent rules of tellers’ responsibility in carrying out their job should be made clearer and the trade union of BNI should be involved in imposing sanction to tellers who make errors. Keywords : Errors, Financial Transaction, Responsibility
BUSINESS JUDGEMENT RULE DIKAITKAN DENGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH DIREKSI BADAN USAHA MILIK NEGARA TERHADAP KEPUTUSAN BISNIS YANG DIAMBIL Frans Affandhi; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT When the SOE Board of Directors took the decision to run the company with the aim of seeking a profit, then the decision that will contain the business implications and legal implications. If it turns out, the decision was made a loss-making state enterprises fail or raised, then the SOE Board of Directors should not be prosecuted by the Anti-Corruption Act. This is because in the business world there are rules Business Judgment Rule (BJR) which regulates the sanctions to the Board of Directors. Such liability can not be sought from the Board of Directors of SOEs if: 1) The loss is not due to error or negligence; 2) It has been doing the maintenance of good faith and prudence for the benefit and in accordance with the purposes and objectives of the company; 3) There is a conflict of interest, either directly or indirectly, for the management of the resulting losses; and 4) have taken action to prevent and arising or continuing losses. Keywords : Business Judgment Rule; Directors of State Own Enterprise; Decision Maker
ANALISIS HUKUM TERHADAP KEBIJAKAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PADA PT. BANK SUMUT Putri Nesia Dahlius; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Corporate Social Responsibility (CSR) is a commitment of a company to participate in the suistainable economic development in order to increase the quality of life and useful environment for the company itself, for the local community, and for the people as a whole. The concept of implementing CSR in Indonesia is regulated under Law No. 40/2007 on Corporation, Law No. 25/2007 on Capital Investment, Law No. 19/2003 on BUMN, Law No. 4/2009 on Mining, Mineral, and Coal, PP (Government Regulation) No. 47/2012 on Social and Environmental Responsibility on Corporation, the Decree of the Supreme Court No. 53/PUU-XI/2008 on Constitutional Advisory of Audit Norm, under Article 74 of Law on Corporation. The result of the research showed that the implementation of CSR in Indonesia is legally obligatory, especially for a corporation, so that it is budgeted as the corporation’s expense. The policy of PT. Bank Sumut in implementing its CSR referred to Law No. 40/2007 on Corporation, PP No. 47.2012, the Decree of RUPS, and the Decree of the Director No. 240/Dir/Setdir/SK/2013 on the Operational Standard Procedure of CSR, in which Bank Sumut used CSR management with partnership pattern by collaborating with the local governmen that determined CSR planning and implementation. Key words : Corporate Social Responsibility (CSR), Law of CSR, Bank Sumut
PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRESTA MEDAN Victor Ziliwu; Syafruddin Kalo; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law on Narcotics and Psychotropic Substances Act mandates an obligation to undergo treatment and the treatment and rehabilitation of drug addicts. The provisions concerning the "obligation" to undergo rehabilitation for users who experience addiction, in the Psychotropic Law stipulated in Article 36 s / d of Article 39 and the Narcotics Act under Article 45. Users of narcotics as criminals and at the same time as the victim, based on Article 103 Narcotics Act, the Supreme Court issued a breakthrough by issuing several circulars, among others: Circular of the Supreme Court (SEMA) No. 07 Year 2009 concerning the Placing to Drug Users In Nursing and Rehabilitation Therapy contained into Letter No. 07 / BUA.6 / HS / SP / III / 2009 dated March 17, 2009 (hereinafter referred to as SEMA No. 07 of 2009); and Circular of the Supreme Court (SEMA) No. 04 Year 2010 concerning the Stipulation of abuse, and to the Narcotic Addict Rehabilitation In the Institute of Medical and Social Rehabilitation (hereinafter referred to as SEMA No. 04 of 2010). As a result of SEMA No. 07 in 2009 and continued with the SEMA No. 04 The year 2010 is associated with criminal law enforcement against drug users as criminals narcotics in Medan Police, the Investigator difficulty determining whether a person is caught red-handed with evidence under SEMA No. 07 The year 2009 belongs to the category of users or addicts. Because both are victims of crime as narcotic crime. The difficulty occurs because many actors are caught with evidence of drugs as defined in the SEMA No.
PERZINAHAN DALAM PRESFEKTIF ISLAM SEBAGAI ALTERNATIF PEMBAHARUAN HUKUM PIDANA TENTANG PERZINAHAN DI INDONESIA Hendri Nauli Rambe; Alvi Syahrin; Muhammad Hasballah Thaib; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Adultery is a criminal act in Indonesia; it is regulated in the Criminal Code as it is stipulated in Chapter XIV on Criminal Act against Morality, and specifically in Article 284 on Adultery. But law on adultery in the Criminal Code is different from that in fiqh finayah in Islam because there is the difference in committing adultery, responsibility, and legal aid for adulterers in the two systems.The result of the research shows that adultery stipulated in the Criminal Code was incorrect since it implies that adultery will impose the sanction only on those who are married and the punishment does not have any cured effect for the perpetrators. On the other hand, the Islamic law will punish those who are married and single and imposes ‘hudud’ for the perpetrators. Indonesia that is based on religion and the majority of its people are Moslems should carry out religious sharia completely. The Islamic law can be used as an alternative for the innovation of the criminal law about adultery in Indonesia that does not respect moral and religion.It is recommended that law makers, especially those who draft the Bill of the Criminal Code on indecent assault, should pay attention and consider religious and cultural values in society, and the Indonesian citizens should give values and understanding about religion in families. Keywords: Adultery, Islamic Law, Innovation of the Criminal Law
TINDAK PIDANA PENIPUAN TERKAIT DENGAN IKLAN PENJUALAN BARANG YANG MERUGIKAN KONSUMEN Julieta Santi Simorangkir; Syafruddin Kalo; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Meet their needs, consumers are faced with various types of products offered by businesses. With the various types of products and freedom for consumers to choose a variety of products offered lead to competition among businesses. Competition among businesses to market products that offer the consumer interest can be done in various ways, one of them promoting products through print media advertisements. Advertising is a tool for businesses to introduce their products to the public in order to influence the tendency for people to use or consume. The problem is, the ad does not always give a true or deceptive information about an advertised product, so that consumers can be harmed by the behavior. If perpetrators of this background can be formulated several problems, namely how the forms of advertising fraud that harm consumers, whether fraud ad meets the elements of a crime, how to determine the criminal liability for those who make advertising the sale of goods that harm consumers in Indonesia based on the Code of Criminal Law and Law 8 of 1999 on Consumer Protection.  Keywords : Ad Fraud, Liability Business Communities Ad, Ad Adverse Consumers.
PENERAPAN NORMA HUKUM PERDAGANGAN ANAK DALAM PUTUSAN PENGADILAN NEGERI MEDAN Juliyani Juliyani; Suhaidi Suhaidi; Tan Kamello; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Children are very vulnerable to be traded. Human trafficking in children is done in organized and non-organized crime, either domestically or internationally. They become absent of freedom and it is not uncommon that they are treated unjustly; they are even enslaved! Therefore, it is necessary to study the regulations on child trafficking, viewed from child protection in the implementation of Law No. 23/2002 on Child Protection and about judge’s attitude in handing down a verdict on the case of child trafficking in the Medan District Court. Keywords: System Implementation, Child and Human Trafficking, District Court’s Verdict
HAK SUARA KREDITOR SEPARATIS DALAM PROSES PENGAJUAN UPAYA PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Kemala Atika Hayati; Tan Kamello; Dedi Harianto; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment, do not allow the sound to be heard in a secure creditor approval peace efforts in bankruptcy unless the separatist creditors to waive his right to be but in the review of the decision of the Supreme Court No. 62 PK/Pdt.Sus/2012 considered it essential to secure creditor voice in decision making peace efforts. This leads to the need to be assessed on the direction of the voting rights in a secure creditor filing approval peace efforts under the Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment. Regarding the position of creditors separatists had no voice in the decision making peace efforts in Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment and the basis of the Supreme Court considers it important to pay attention to the position of creditors voting rights in decision-making separatist peace efforts. Keywords : Bankruptcy, Creditor Voting Rights Separatists, Filing Peace  Efforts.

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