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PERUBAHAN PERATURAN MENTERI PERTANIAN REPUBLIK INDONESIA NO.26/PERMENTAN/OT.140/2/2007 MENJADI NO. 98 /PERMENTAN/OT.9/2013 DAN PENGARUHNYA TERHADAP PERTAMBAHAN INDUSTRI PENGOLAHAN KELAPA SAWIT DI KABUPATEN LABUHAN BATU UTARA Elikson Rumahorbo; Alvi Syahrin; Pendastaren Tarigan; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of oil palm plantations in Indonesia has affected the economic development in Indonesia. But economic development is only felt by group of companies. This is caused by the regulations do not give justice to all parties. Changes in Regulation of the Minister of Agriculture of the Republic of Indonesia No.26 / 2007 called Permentan meyebutkan that to build a palm oil mill must have the raw material from its own oil palm plantations at least 20%, these regulations become an obstacle to the development of palm oil mills, because in fact no longer available land for built new plantations. Therefore Permentan converted into Permentan 98/2013, which allowed the construction of palm oil mills without gardens on condition makes sustainable cooperation with the oil palm growers. Company owner IUP-P is also required to facilitate people palm garden development, environmental and social responsibility, and shall divide the shares ownership of the factory to the farmers as a supplier of raw materials. The government of Labuhan Batu Utara district has issued a permit to build a palm oil mill without a garden called IUP-P as much as 3 units. Construction of palm oil mills have brought benefits to the oil palm growers. However, in the implementation of IUP-P in Labuhan Batu Utara district government lacks transparency in terms of time, cost and procedures for the issuance of permits IUP-P. Less government involve the community in the process of issuing permits this could lead to losses because investors are becoming less interested in investing. The government should be able to apply the principles of good governance, namely the principle of transparency, accountability and good governance in order to invest more advanced. Key words: (1) Licensing, (2) the Government, (3) Development of Palm Oil Processing Industry

EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA YANG DIRAMPAS UNTUK NEGARA (Studi Putusan Hakim Pengadilan Negeri Balige) Eduward Eduward; Mahmud Mulyadi; Madiasa Ablisar; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law of Criminal Procedure ( Criminal Procedure Code ) determines that the confiscated items that are restricted or prohibited for circulation, seized for use for the benefit of the country or to be destroyed. Formulation of the problem by Judge Law Enforcement Against Narcotics Crime Evidence in Decision District Court Judge of Balige. Narcotics Precursor and tools or goods used in the crime of Narcotics or relating to narcotics and results in stripped to the State does not have the legal certainty. Execution of Narcotics evidence was carried out by the State Attorney Balige has not been effective (based on juridical and non juridical constraints) . Keywords ; Execution evidence, narcotics, seized state

TANGGUNG JAWAB PERUSAHAAN PENERBANGAN TERHADAP KERUGIAN BARANG BAGASI TERCATAT PENUMPANG PADA PENERBANGAN DOMESTIK (STUDI PADA PT.GARUDA INDONESIA AIRLINES MEDAN) Harry Fauzi; Hasim Purba; Jelly Leviza; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Air transport is an activity is the transportation of passengers and goods in one or more travel from one airport to another airport, which is one of the important means of air transport then has to be laid out in such a way so that it is able to manifest the protection security, the safety of passengers, baggage and goods are recorded, which has responsibility for passenger and baggage items listed, as listed in Articel 144 and 146 Chapter Law Number 1 Year 2009 on a Flight that is the basis of the carrier against the baggage items listed passengers who suffered losses during the flight, having regard to the magnitude of the damages given to transport to passengerd listed in the regulation of the minister of transportation Number 77 in 2011 About The Responsibility of air freight Carrier. Therefore, this thesis seeks to analyze the legal protection of baggage items listed passengers, the loss of the carrier’s responsibility and how a dispute over luggage goods recorded a loss of passengers. Key Words: Responsibility, The Airlines, The Baggage Is Recorded

ANALISIS HUKUM ATAS PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI DALAM KAITAN DENGAN WEWENANG LEMBAGA PERADILAN (Studi Kasus: Perkara Peradilan Dalam Putusan Pengadilan Negeri Jakarta Selatan Nomor: 04/Pid.Prap/2015/PN.Jkt.Sel.) Gomgoman Simbolon; Madiasa Albisar; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Pre-trial session is one of the efforts to find justice for a litigant. It becomes more popular since the scope of judicial review object as it is stipulated in Article 77 of the Penal Code is not in line with judicial development of law of criminal procedure in eliciting and finding the value of justice. The problem of the research was how about law of criminal procedure which regulates the scope of the authority of pre-trial session and how about the judge’s consideration at the South Jakarta District Court in the Verdict No. 04/Pid.Prap/2015/PN.Jkt.Sel., which decided that the status of defendant in the corruption criminal act was invalid and had no legal ground. The conclusion was that law of criminal procedure, which regulates the scope of the authority of pre-trial session under Article 77 of the Penal Code, cannot be interpreted rigidly and only bound by the valid or invalid arrest, detention, halting the investigation and prosecution, indemnity and rehabilitation, but it should also deal with confiscation, raid, and determining the status of defendant as the object of pre-trial session. The judge’s consideration at the South Jakarta District Court has principally met the purpose of finding justice in determining the object of pre-trial session because the judge interpreted it broadly by including the confirmation of the status of defendant as the object of pre-trial session. The judge’s decision has also met the principle of legal certainty in determining the subject of corruption offense stipulated in Article 2, figure 7 of Law on Anti Collusion and Nepotism. However, his verdict on the State’s financial damages was principally contrary to the principle of pre-trial session itself because it is part of judicial administration and not a part of pre-trial session Keywords: Pre-Trial Session, Charging Defendant Status, Corruption Criminal Act, The South Jakarta District Court

PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Purnama Hidayat Harahap; Bismar Nasution; Hasballah Thaib; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRAK The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness of the Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah. Keywords: Settlement for Sharia Banking Dispute, Contract Contents, Constitutional Court Verdict

PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia as a State Party in theConvention on the Rights of the Child governing the principle of legal protection for the child is obliged to provide special protection to children in conflict with the law. One of the forms of child protection is realized through special criminal justice system for children in conflict with the law. This is confirmed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.The findings show that, the first is the legal protection of children as perpetrators of criminal acts is indispensable because it is useful for: 1) Children are not stablephysically and mentally, 2) To ensure the children freed from inhuman or demeaningpunishment, 3 ) To ensure the independence of the child, so as not seized unlawfully or arbitrarily, 4) To ensure that the criminal (penalty) applies only as an ultimumremedium; the second is the legal protection should be given to the child is the legal protection that covers several concepts as follows: 1) The concept of Restorative Justice; and 2) Concept of Diversy. The third isthe child criminal liability based on the judge's decision are as follows: Accepting an appeal from lawyer and public prosecutor of the child; strengthening decision of Medan District Court No.:27/Pid.SUS.Anak/2014/PN.Mdn; Establish the length of children detained entirely deducted from the sentence imposed; Ordered the child remains in custody; Charge a second child in the case of judicial level, which is in the level of appeal for Rp.2.500,00 (Two thousand five hundred rupiahs). Keywords : Legal Protection , Responsibility , Children Actors Crime.

TINDAK PIDANA TERKAIT ASUSILA BERDASARKAN HUKUM PIDANA (KUHP) DI INDONESIA DAN SYARIAT ISLAM DI ACEH (STUDI PENELITIAN DI KOTA BANDA ACEH) Arivai Nazaruddin Sembiring; Mahmud Mulyadi; Muhammad Ekaputra; Rosnidar Sembiring
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Crime related immoral or prostitution Prostitution is a social problem that was and remains in Aceh, prostitution has existed in Aceh which is caused by the economic, sociological, and psychological factors. Although no single regulation which regulates prostitution, from its activity it violates Article 2 of Qanun No. 14/2003 on Khalwat which states that it leads to adultery. Qanun Khalwat states that every action which leads to adultery, such as staying close with someone who is not his muhrim will be punished. On the other hand, the Criminal Code only imposes the sanction on place providers (Article 296) and procuresses (Article 505) while the prostitutes are only given warning and rehabilitated. Qanun No. 14/2003 on Khalwat is only an alternative in punishing the perpetrators in prostitution while conventional law like the Criminal Code only punishes some parts of the perpetrators in prostitution. In Qanun Khalwat, any individual can be punished when he does some action which is categorized as adultery. It is recommended that some elements in Qanun should be included in the Criminal Code in order that any perpetrator in prostitution can be punished. Keywords: Criminal Act in Prostitution, Islamic Sharia, Criminal Code

DAKWAAN BATAL DEMI HUKUM SETELAH PEMERIKSAAN POKOK PERKARA DALAM SIDANG PENGADILAN (Studi Putusan Nomor 19/Pid.Sus/2015/PN.Sim) Anggara Suryanagara; Alvi Syahrin; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is very interesting to analyze when a summons was legally annulled by the judge after substance of the case was examined and indictment was read and it is stated as the last decision. The problems of the research were as follows: first, why the judge handed down the verdict which stated that the summons was legally annulled and the examination of the substance of the case and the indictment was related to the prevailing legal provisions; and secondly, whether the summons which was legally annulled in the Verdict No. 19/Pid.Sus/2015/PN.Sim could be summoned before the court when it is related to the principle of ne bis in idem. The judge’s verdict which stated that the summons was legally annulled after the examination of the substance off the case and the indictment in the Verdict No. 19/Pid.Sus/2015/PN.Sim was based on the explanation that the indictment was inaccurate, unclear, and incomplete. The person, Rikal, in the summons was not presented, no action was done, and he was listed in the Man Wanted List. Besides that, each person’s role was not explained. The amount of money received by Rikal was not in line with the fact in the proceedings. According to the legal provisions, the judge’s verdict was contrary to the principle of Justice and brought about legal uncertainty in the abrogation of the summons. The abrogation of the summons is bound to the principle of ne bis in idem since the subject of the case had been examined and the indictment had been read so that the verdict was categorized as acquittal and the principle of ne bis in dem was bound which indicated that the prosecutor could not file the case to be examined, indicted, and tried twice; it could only be appealed to the Supreme Court. It is recommended that Article 156, paragraph 2, Article 143, paragraph 2 letter b, and Article 191, paragraph 2 of the Criminal Code be interpreted widely, acquittal is not only related to a criminal case but also the summons is inaccurate, incomplete, and unclear, and the prosecutor appeal the case to the Supreme Court and not to the Higher Court. Keywords : Summons, Indictment is legally Annulled, Examination of the Subject of the Case, Principle of Ne bis in Idem

ANALISIS HUKUM DARK POOLS SEBAGAI BENTUK TRANSAKSI EFEK DI LUAR BURSA SAHAM Taufik Hidayat Lubis; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of information technology system is the one of investment increasing factor in a country and capital market has used it nowdays. At the same time, massive demand of market participants as the process of interaction with other market participants which aims to improve the interaction process hase been started in using slips and now scripless trading. The need of market participants with information technology systems development grows at the same time, it can be seen how in the 21st century has created a securities transactions known as dark pools. This method conducted off exchange considered one of the ways for investors to trade security in large numbers to get a lot of benefits such as pay off commission to the broker even be able to avoid the tax charge PPn and PPh.

PUTUSAN HAKIM TENTANG REHABILITASI TERHADAP PECANDU NARKOTIKA (Studi Putusan Nomor : 35/PID/2012/PT.TK) DewiMaya Benadicta Barus; Mahmud Mulyadi; Suhaidi Suhaidi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Narcotic addict when viewed from the aspect of health, they were of the sick or in other words people who suffer pain. Therefore, the corresponding incarcerate isn't the right solution. Supreme Court circulars (SEMA) number 4 of 2010 can be used as a basis for reasoning or reference the judge in meting out sanctions and rehabilitation. As for the problems formulated in this thesis writing is why rehabilitation of narcotic addicts are deemed necessary as the basis for an alternative to criminal action, and then discussed again what was the background to the legal considerations the judge in meting out the rehabilitation decision in connection with any criminal action. Research methods used by the author in writing this is the juridical normative research method, which is based on secondary data and put emphasis on measures of speculative theoretical-normative analysis-qualitative and. As for the data used in compiling the writing was obtained from the research libraries (library research). As a technique of collecting data by utilizing a wide range of literature in the form of legislation, books, scientific papers, lecture materials, court rulings, as well as secondary data sources discussed by other authors. Considered necessary for the rehabilitation of addicts of narcotic drugs as an alternative to criminal action because of it's own rehabilitation aims to improve the health of the addicts of narcotic drugs with care and rehabilitation on an existing rehabilitation centres. This is compared to the upside if the addict of narcotics is punished by criminal sanctions. As for the background of the legal considerations of the overthrow of the ruling of the judge in connection with any rehabilitation criminal action is by observing the values of certainty, justice and benefit based on a notion that the narcotic addicts as victims of crime so more suitable rehabilitation sanctions meted out verdict that will provide care and guidance that is educating and improving physically and mentally from the addict. Key words : rehabilitation, narcotics addicts, the verdict of the judge.

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