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TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PENJATUHAN HUKUMAN BADAN SEBAGAI PENGGANTI DALAM PEMBAYARAN UANG PENGGANTI DALAM PERKARA TINDAK PIDANA KORUPSI Bobbi Sandri; Mahmud Mulyadi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Regulation of punishment is found in other laws. The Penal Code does not limit punishment to the Law No. 31/1999, for example, regulates other punishments such as compensation for the corrupted; the additional punishment is indemnification. This principle is found in some regulations in the Penal Code. Article 38, paragraph 5 states that a defendant dies and evidence has done, the judge orders to confiscate the defendant’s objects. The legal corporal punishment is found in Article 10 of the Penal Code. Judge’s punishment as the compensation for paying indemnity has two reasons: judicial reason and non-judicial reason in the Penal Code. When a defendant case dies before the alternative punishment is implemented, it is regulated in No. 31/1999 jo No. 20/2001 obtained through civil procedure and criminal procedure. Law enforcement, the prosecutor and the judge, should sue and decide to punish the perpetrators in corruption punishment by returning the assets to the State. More specific regulation should be implemented on returning the State’s assets in corruption case when the defendant dies prior to the corporal punishment in the judge’s verdict which is final and binding. Regulation should be carried out in the criminal law and regulate criminal responsibility to the corporal punishment as the compensation. Keywords: Corporal Punishment, Compensation, Corruption Case

ASAS KEPATUTAN DALAM PEMBERIAN GANTI RUGI DAN KOMPENSASI OLEH PT. PERUSAHAAN LISTRIK NEGARA (PERSERO) ATAS TANAH MASYARAKAT (Studi pada Pembangunan Jaringan Kabel Saluran Udara Tegangan Ekstra Tinggi (SUTET) di Kabupaten Langkat dan Kota Binjai) Marasamin Ritonga; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Based on the legal handling on the compensation for the people who were harmed by the construction of SUTET Cable Network which was resulted in the agreement by both parties (PT. PLN (Persero) and the people), followed by the opinion of the District Attorney, it could be concluded that: The principle of compatibility played an important role in determining the achievement and the application of justice and certainty as the responsibility of the stakeholders for their performance and willingness to comply with their agreement. The process of the principle of compatibility through the agreement by reconciliation as the realization of the living custom with transparency and consanguinity could set aside the policy of the Decree of the Minister of Mining and Energy No. 975 K/47/MPE/1999. In maximizing its function and responsibility, PT. PLN (Persero) should admit that economic development is more advanced than the written record. In order not to be long-winded in the concept of compensation, it is necessary to be brave enough in internal improvement in prioritizing the need for justice and the need for legal certainty so that the goal is more prioritized than the procedure in taking the responsibility Keywords: Principle of Compatibility, Compensation, Justice

ANALISIS HUKUM TERHADAP PERLINDUNGAN HUKUM BAGI INVESTOR DARI PRAKTEK WINDOWS DRESSING OLEH EMITEN DI PASAR MODAL Julia Agnetha Br. Barus; Bismar Nasution; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Information disclosure is an important element for the corporate world because information on the substance presents the description, notes or description of good for the State of the past and the latest of an enterprise and the market effect. But in reality, not all issuers disclose information that is actually about the fact material in the prospectus. If there is a breach of the principle of disclosure by issuers then issuers will be subject to administrative sanctions in accordance with Article 102 of The Capital Market Laws, namely in the form of a written warning, fines, namely the obligation to pay a certain sum of money, restrictions on business activities, freezing of business activities, business license revocation, cancellation of agreement and cancellation of registration. is an action that beautify the financial statements of a company. This is referred to as windows dressing. Windows dressings aims to enhance your company's image so as to attract investors to make investments. The practice of dressing the windows in the capital markets can still be said to be a reasonable course of action throughout the activities aimed to improve the company and not to the detriment of others. However, the practice of dressing the windows can be categorized as a criminal offence the capital markets if such activity creates information or issues misleading so as to affect the market mechanism. In the event of the occurrence of the windows dressing, the practice of legal protection afforded to investors could be done in a preventive and repressive. Preventative legal protection carried out by PT. Stock Exchange by doing a temporary suspension against securities trading. While the repressive legal protection carried out by OJK with conducting surveillance, investigation and the imposition of sanctions to any party proven to engage in the practice of cheating or fraud in the capital market. In addition, investors who feel aggrieved may do a lawsuit to the Court against the issuers that have been doing practice windows dressing. Keywords: windows dressing, investors, issuers.

FORMULASI TENTANG PERLINDUNGAN NEGARA TERHADAP ANAK YANG MELAKUKAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus di Pengadilan Negeri Medan) Syaiful Asmi Hasibuan; Ediwarman Ediwarman; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Formulation of the goverment’s law abaut the children protection Indonesian’s legislation home envisaged that more abstract nature protection or protection indirectly. In the criminal acts of the domestic violence committed by children, the judges tend to prioritize the protection of children as actors, so that the protection of victims is sometimes neglected. It can be seen from the judgment and consideration of the judge to look at the perpetrators are still categorized as a child. The court needs to provide the most appropriate sanctions in children who committed the crime. Giving or sentencing in the case of a child has an educational purpose in imposing sanctions. The criminal’s law policy on children whose commit domestic violence should consider the penal’s policies that include protection against the perpetrators and victims in the enforcement process is done in the criminal justice system. In addition, it should be also pay attention to non-penal’s policy which includes repairing the social conditions of children in the sense of legal protection which we put in harmony between perpetrators and victims of crimes that children are not only in juridical protection, but also in non-judicial protection. Keywords: State Protection, Child For Actors, Domestic Violence (domestic violence).

PERTANGGUNG JAWABAN KORPORASI TERHADAP KEBAKARAN HUTAN DALAM KAITANNYA DENGAN PENERAPAN HUKUM LINGKUNGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PELALAWAN NO. 228/PID.SUS/2013/PN.PLW) Surya Sofyan Hadi; Suhaidi Suhaidi; Syamsul Arifin; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Due to the actors who burn the forest to open land oil palm plantation company allegedly is a corporation, the corporation issues related to speak also to the issue of accountability. In terms of corporate accountability is possible through the doctrine of strict liability which, in this teaching criminal liability can be imposed on perpetrators of criminal acts in question with no need to prove the existence of fault (intent or negligence) actors. But the emphasis placed on it, as a result of his actions have caused loss to the community. Suffice if proven that the offender has committed an unlawful act, or not doing that is required by the criminal provisions (offenses of strict liability). Keywords : Corporate Liability; Forest fires; and Application of Environmental Law

PEMBEBASAN BERSYARAT (PB) BAGI PENYALAHGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KLAS I TANJUNG GUSTA MEDAN Suandi Fernando Pasaribu; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT One part of coaching Prisoners in the correctional system is the presence of the Parole (Voorwarlijke Invrijheidsteling). Narcotic crime is a crime that is complex because of the narcotic crime, the offender can be at once a victim. Best coaching against inmates is returned / integrated in society and not electrically insulated with iron bars. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. The method used in this research is normative and empirical legal research and analytical descriptive nature by using primary legal materials, secondary and tertiary analyzed normatively. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. Summing up, first, the implementation of parole for abusers of narcotic refers to the Indonesian Government Regulation Number 99 of 2012, Second, efforts to address the employees of prisons are required to discipline the prisoners for good behavior, requiring tightening legislation, increasing the number of prison staff, perform retrieval Quotes Judge (Extra verdict). Third, the supervision of inmates required to report once a month or once every 3 months to Hall of Corrections with program officers visit the client's home to inmates. Keywords: Parole, narcotics abusers, Penitentiary

PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA KEHUTANAN (Studi Putusan Kasasi Mahkamah Agung RI Nomor 2642 K/Pid/2006) Mazmur Septian Rumapea; Alvi Syahrin; Muhammad Hamdan; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The corporation case which occurs in North Sumatera is a forestry criminal act committed by Darianus Lungguk Sitorus, the owner of PT Torganda and PT Torus Ganda. He did forestry criminal act in the area of Hutan Padang Lawas through his corporation. As the perpetrator who did the criminal act in this case, he was imprisoned by the Ruling of the Supreme Court No 2642 K/Pid/2006 for 8 (eight) year imprisonment plus incurred a fine of Rp. 5,000,000,000 (five billion rupiahs) plus confiscation of 47,000 (forty seven thousand) hectares of oil palm plantation, located in the area of Padang Lawas by the Department of Forestry.The problems of the research were the development of corporation responsibility for forestry criminal act in Indonesia and whether judge’s legal consideration on corporation criminal responsibility in the Cassation Ruling of the Supreme Court No 2642 K/Pid/2006 had met the theory of criminal responsibility. The research used judicial prescriptive method with legal provision, case, and comparative approaches, using primary, secondary, and tertiary legal materials which were analyzed interpretatively. The result of the research showed that corporation criminal responsibility in forestry criminal act in Indonesia is developing in ius constitutum which indicated by the development of the development of legal subject and corporation criminal responsibility. Law No. 41/1999 on Forestry which has gone through the development of corporation criminal responsibility in Law No. 18/2013 on Prevention from and Eradication of Forest Damage, and Cassation Ruling of the Supreme Court No. 2642 K/Pid/2006 has directly used the theory of corporation criminal responsibility. As a directing mind, Darianus Lungguk Sitorus had a corporation inner-self in ordering to commit (doen plegen) forestry criminal act. Keywords: Criminal Responsibility, Corporation, Forestry Criminal Act

PENERAPAN PEMBUKTIAN TERBALIK DALAM PERKARA GRATIFIKASI Lestari Victoria Sinaga; Alvi Syahrin; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, the idea of the principle of reversal of the burden of proof imposed a total and absolute terms has been accepted since the Act No. 3 of 1971 with the formulation of the defendant can prove that he is not corrupt, but the burden of proof of alleged corruption in the hands of the public prosecutor. Legislation is only put evidence as a “shift” only instead of “reversal” burden of proof, so that the term in Law No. 31 of 1999 on a system of proof is reversal of the burden of proof is limited and balanced. Implementation of the system of proof in a criminal act of gift giving No. 98 / Pid.Sus / Tpk / 2013 Bandung District Court on behalf of Billy Sutejo that the use of money to establish a Building Permit is used for its own sake. The judge in imposing the acquittal to the accused is the misinterpretation of article 12B, paragraph 1, letter b clarified that the corruption is a formal offense, enough with the fulfillment of the elements of the act does not have to exist as a result. This has become less conscientious judge in making a decision. Excess application of reversed burden of proof is accused human rights protected in front of the court in terms of evidence. Description defendant help ensure public prosecutor in the trial. While the weakness is first of proof that an article that is not in the bedroom but the law can not be applied into practice. Keywords: Reversal of the Burden of Proof, Gratification, Corruption Criminal Act

ANALISIS HUKUM PENGGUNAAN FREKUENSI RADIO TANPA IZIN BERDASARKAN UU NO.36 TAHUN 1999 TENTANG TELEKOMUNIKASI (Studi putusan Pengadilan Negeri Salatiga Nomor 91/Pid.B/2013/PN.Sal) Hanawi Aananda Putra Sitohang; Muhammad Hamdan; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The use of radio frequencies must obtain permission from the government, before obtaining permission still broadcasting, radio broadcasting institutions must go through the trial broadcast period of 6 (six) months. Broadcasting licenses that have been granted are prohibited transferred (given, sold, or otherwise transferred) to another party (other legal entities or other persons). While the act of taking without permission outside the consent or will of the owner (against the law) called the theft of the book of criminal law. The element Regulation frequency use without the permission of "whoever", "Who" denote the subject of law and the word "something good" in question is a radio frequency that the user must obtain permission from the government, but accountability for perpetrators who violate them can be sentenced to imprisonment and fines. Efforts to enforce laws against the crime of use of radio frequencies may be used without permission stretcher adminnistratif sanction of revocation of consent after being given a written warning, and counseling to the relevant parties this provision is intended as the government's efforts in monitoring and controlling the operation of Telecommunications. Keywords: Frequency Without Permission.

ANALISIS HUKUM ATAS PEMERIKSAAN KEKAYAAN NEGARA PADA BADAN USAHA MILIK NEGARA (BUMN) MENGENAI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48 DAN 62/PUU-XI/2013 Selatieli Zendrato; Bismar Nasution; Sunarmi Sunarmi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT There is the difference in interpreting separated State’s assets. Many legal practitioners point out that separated State’s assets are corporations’ assets, but some of them point out that the assets of BUMN (State’s Owned Enterprises) are State’s assets because they come from State’s finance so that the Supreme Audit Agency has the authority to audit the assets of BUMN although. Concerning the assets of BUMN as an independent a corporation, and the status of the State as the capital owner, its position is only as a shareholder. According to the theory of legal entity, Public Accountant has the authority to audit the assets of BUMN as a corporation. The Institutional Court’s Ruling No. 48/PUU-XI/2013 does not pay attention to the position of BUMN whether it a public law or a private law. When a company has signed its memorandum of association before a Notary, private law is automatically in effect. The Constitutional Court in its Ruling No. 62/PUU-XI/2013 does not consider legal experts’ opinion which states that when BUMN uses money in the company, it does not use the provision on APBN (the National Budget) system which is regulated by the government but is only based on business judgment rule. Keywords: Auditing State’s Assets, BUMN, Constitutional Court’s Ruling.

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