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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 14 Documents
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Search results for , issue "Vol 4, No 4 (2016)" : 14 Documents clear
PENEGAKAN HUKUM OLEH HAKIM TERHADAP TINDAK PIDANA KORUPSI (Putusan Perkara Korupsi Atas Nama Johny Arifin Siahaan) Des Boy Rahmat Eli Zega; Muhammad Hamdan; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The District Court’s ruling in imposing sentence on a corrupting defendant does not give any justice to people because corruption has been running rampant and plundering the State’s assets which cause people to become poorer. The process of investigation in the case of Johnny Arifin Siahaan had met the evidence and witness testimony in the hearing so that the defendant should have been imposed maximal sentence, but the ruling of the Medan District Court did not impose maximal sentence. The role of a judge in upholding law in the system of criminal justice is that the judge is active and pays attention to witness and expert testimonies in the hearing. There are at least two valid pieces of evidence and judge’s confidence for a court’s evidence to impose a sentence. In the upholding of law by the judge on the corruption criminal act in the case of Johnny Arifin Siahaan, the Medan District Court’s ruling did not impose maximal sentence, 20 years imprisonment and fine of one billion rupiahs. However, in the appeal to the higher court, the Supreme Court handed down the heavier ruling, compared with the ruling of the Medan District Court and of the Higher Court for corruption criminal act in Medan so that corruptors will get intimidated effect on their extraordinary crime. Keywords: Upholding Law, Judge, Corruption
PERTANGGUNGJAWABAN PEMEGANG SAHAM ATAS PERSEROAN PAILIT YANG DINYATAKAN TERUTANG PAJAK Gusfen Alextron Simangunsong; Budiman Ginting; Sunarmi Sunarmi; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT A shareholder is not always liable for the number of stocks he has remitted when the corporation sustains a loss, include are liable for the paying off all debts of a bankrupt corporation. How is the liability of legal entity of a bankrupt corporation which is in tax liability according to tax law and how is the liability of shareholders for a bankrupt corporation which is in tax payble according to tax law? The liability of legal entity of a bankrupt corporation which is stated as tax payble according to tax law becomes the liability of a curator to organize the property of the bankrupt corporation stipulated in Article 32, paragraph 1, letter b of UUKUP. A curator begins to do his job and to take liability since the verdict on bankruptcy is handed down by the Commercial Court. Majority shareholders are liable for the paying off all debts of a bankrupt corporation which is in tax payble according to Article 21 in conjunction with Article 32 of UUKUP, based on public interest in which the State acts as the preference curator. Majority shareholders have the authority to determine the policy and decision making in performing the activities of corporation. Government must be make a  law or regulation to supervise curator in organizing the inventory of bankruptcy in paying off tax layble of a bankrupt corporation. Majority shareholders must be liability for the paying off the debts of a bankrupt corporation which is in tax liability, Shareholders should take individual liability when the minimum requirement of the shareholders is not fulfilled, counted if shareholders have bad faith or are illegal. Keywords:            Liability, Legal Entity, Shareholder, Bankruptcy, Bankrupt Corporation, Tax Liability
KONSEP UTANG DALAM HUKUM KEPAILITAN DIKAITKAN DENGAN PEMBUKTIAN SEDERHANA (STUDI PUTUSAN NO: 04/PDT.SUS.PAILIT/2015/PN.NIAGA.JKT.PST) Robert Robert; Sunarmi Sunarmi; Dedi Harianto; Keizerina Devi Azwar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Verification process plays a vital role to resolve a case. in the verification of bankruptcy cases which is carried out with a simple verification. This simple verification in practice often causes a problem because because there are not any lucid parameters related to it in the UUKPKPU (Law on Bankruptcy and Suspension of Debt Payment Obligation) This simple verification frequently disregards the aim and philosophy of the Bankruptcy Law because it can facilitate a debtor’s bankruptcy that is still solvent or be taken advantage by a bad debtor to apply for a fictive bankruptcy. The wide debt concept in the bankruptcy law tends to be unable to be simply verified, so the insolvency test can be used as a verified method alternative o apply for a bankruptcy statement so that the bankruptcy application can meet the objective and philosophy of the bankruptcy itself. Judges are not supposed to be rigid or positivistic in examining and adjudicating the case they face because they will tend to fail to notice the stakeholders’ sense of justice. Keyword: Bankruptcy, Simple Verification, Debt Concept.
IMPLEMENTASI PERATURAN MENTERI KELAUTAN DAN PERIKANAN NO. 2/PERMEN-KP/2015 TENTANG LARANGAN PENGGUNAAN ALAT PENANGKAPAN IKAN PUKAT HELA (TRAWLS) DAN PUKAT TARIK (SEINE NETS) TERHADAP USAHA PERIKANAN TANGKAP OLEH NELAYAN DI SIBOLGA Sriayu Aritha Panggabean; Suhaidi Suhaidi; Jelly Leviza; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT In accordance with the mandate of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets that the use of fishing gear trawls and seine nets in Regional Fisheries Management of the Republic of Indonesia has resulting in declining fish resources and threatening environmental sustainability of fish resources, but the implementation of the ministerial decree raises the pros and cons among fishermen in Indonesia, especially in Sibolga City. Therefore , this thesis seeks to analyze the regulation of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets the trawl fishery business by fishermen in Sibolga with a view of the aspects of the law itself and the destination aspects of the welfare state. Keywords : Fisherman , Business fisheries , Prohibition , Trawls , Seine Nets
PERLUASAN ELEMEN EFEK DALAM KEGIATAN PASAR MODAL DALAM KAITANNYA DENGAN PERLINDUNGAN BAGI MASYARAKAT DARI KONTRAK INVESTASI YANG TIDAK TERDAFTAR DI BURSA Yessi Serena Rangkuti; Bismar Nasution; O.K Saidin; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Popular contract investment in society tend to cause great loss to society for not being listed in the stock exchange and not provided with the consent of OJK, leading the difficulty of OJK to handle the situation. This research is conducted by seeing the investment contract in its relation to the capital market mechanism in providing decent protection to society, also, by seeing if investment contract is included in the limitation in capital market law regarding the definition of security itself and finally the elaboration of security term in capital market law to provide protection to the society. The method used in this research is normative law research conducted through the study of legislation and relevant legal material, assisted by collecting information from interviewee who has been involved in unlisted investment contract, and also by looking at cases happened in Indonesia and other country. The data is collected by library research and interview, and the analysis is conducted qualitatively. The results show that popular investment contract is not one listed in stock exchange, so that the enforced law regarding legal protection to the society in capital market law cannot guarantee the legal protection to the society investing their money in the unlisted investment contract in stock exchange and conducted without the consent of OJK. By looking at the fact that the practice of unlisted investment contract is very popular in the society, the Capital Market Law need to be renewed by elaborating the definition of securities by including investment contract as one of the securities.   Keywords: Investment Contract, Elaboration of the term securities, Legal Protection
PENERAPAN HUKUMAN TERHADAP ORANG TUA KANDUNG YANG MELAKUKAN KEKERASAN SEKSUAL KEPADA ANAK KANDUNG (Analisis Putusan No.1579/PID.SUS/2015/PN-Mdn, Putusan No.333/Pid.B/2014/PN-Mdn, Putusan No.133/Pid.Sus/2014/PN-Stb) Yusuf Hanafi Pasaribu; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Sexual harassment committed by parents to their child is a very disgraceful misconduct because they are supposed to take care, provide improvement, education, protection, and to take part in their child’s growth and development in order to undergo a better life, because a child is nation’s next generation. Nowadays, the government is active and pays serious attention to reduce criminal acts, particularly to child by issuing the recent Law in order to protect children from being criminal victims and to give more serious sanctions to the criminal by revising Law No. 23/2002 on Child Protection amended by the Law of the Republic of Indonesia No. 35/2014. The problems are how parents who commit sexual harassment to their child are generally described; how the analysis of Verdict No. 1579/Pid.Sus/2015/PN-Mdn, No.333/Pid.B/2014/PN-Mdn, and No.133/Pid.Sus/2014/PN-Stb are; and what obstacles are faced by the Judge to convict the natural parents who commit sexual harassment in order to provide legal protection to their child.This research uses empirical judicial normative method. It is a descriptive analysis with statute approach and analysis of particular cases from various legal aspects; thus, this research is classified into a case study and an interview with the informants.In general, the description of parents who commit sexual harassment to their child, according to some cases, are the parents who take full control of their child, they make their child their sexual slaves using sexual harassment by strongly threatening their child to make sexual contact. The analysis of the Judge’s verdict shows that Judge’s consideration in settling the case of sexual harassment committed by biological parents to their child, the Judge considers the incriminating and mitigating things. It is incriminating that the Defendant is the victim’s biological father; he has damaged the child’s future and caused heavy trauma. It is mitigating that the Defendant has never been convicted. The obstacle that often emerges in convicting the biological parents a criminal of sexual abuse is in providing legal protection to the child who suffers from trauma in witness’ investigation when the Judge posts questions. Keywords: Implementation of Punishment and Sexual Harassment
PRINSIP TANGGUNGJAWAB PRODUK (PRODUCT LIABILITY) ATAS PENARIKAN KENDARAAN BERMASALAH OLEH PELAKU USAHA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Novanema Duha; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Getting proper life and legal protection is right for every citizens, especially consumers. The same is true to product recall; legal protection for consumers is highly needed since there is the liability of a business person of his product. The problems of the research were as follows; how about product liability in the law on consumers and legal protection for consumers could be effective on product recall by a business person, the provision of product recall performed by foreign automotive companies which product marketing was done in domestic market, and the liability of a business person regarding product recall done by him. Keywords: Product Liability, Product Recall.
PERAN POLRI DALAM MENGIMPLEMENTASIKAN RESTORATIVE JUSTICE PADA PENANGANAN PERKARA PIDANA (STUDI DI POLRES BINJAI) Ronni Bonic; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Restorative justice practices will be assessed on the dimension correlated with the enforcement of criminal law (law enforcement) conducted by the national police, for example correlated with the handling of cases handled by the fuction of detective in the investigation of crime. The framework used by the function of detectives in the investigation process that is based on a formal judicial or termination of criminal cases, the problems that arise are already fulfillment of the element of criminal elements when faced with problem resolution through restorative justice which takes precedence or ruled out, if embraced by the the community provided they are not contrary to the principles of criminal law. The role of the national police to implement restorative justice can not be separated from the rule of law is the basis for both the laws and regulations of the national police and the the national police internal policies that define the telegram letter head of the national police headquarters criminal detectives. Restorative implement justice carried out by national police detectives who carry out function basically intended for handling cases of children, common interests and the maintenance of social order.   Keywords : National Police, Restorative Justice, Criminal Cases Handling
TANGGUNG JAWAB KORPORASI DALAM TINDAK PIDANA DI BIDANG PERPAJAKAN (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 2239 K/PID.SUS/2012) Herbert Rumanang; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACTIn general, the legal subject which is commonly known in penal law is person. However, as of the development of law, another legal subject starts to take place, which is corporation. That means corporation is treated as if it is an ordinary person that has criminal liability. The acknowledgement of corporation as a penal law subject is recognized in various particular legislations in Indonesia, including taxation law. This concept is known in term as corporate crime and corporate criminal liability. One example of how this concept is applied in Indonesian law can be seen in the Supreme Court verdict no. 2239 K/Pid.Sus/2012 which convicted Asian Agri as a corporation for committing tax crime. While the Indonesian penal law system acknowledges the existence of corporation as a legal subject, such condition causes legal implication which is not simple. This is due to the nature and characteristic of corporation which are basically different from the nature and characteristic that we can find in a person. The consequence is that the theories of criminalization which are the theoretical basis to convict should be distinguished between corporation and person because they are also based on different paradigms. In the Supreme Court verdict no.2239 K/Pid.Sus/2012 Asian Agri is sentenced to pay a fine of 2.52 trillion rupiahs as a form of corporate criminal liability. Despite so, the verdict itself is not without weaknesses in its application of law. Those weaknesses are as follow: Asian Agri is not a party in that case, Suwir Laut as the accused is not a director of Asian Agri, the fine sentence as a trial condition, and the establishment of the fine amount by the Supreme Court.Key words: corporate crime, corporate criminal liability
ANALISIS PERTANGGUNG JAWABAN PIDANA DOKTER ( Studi Putusan Mahkamah Agung No 365K/Pid/2012) Heni Widiyani; Syafruddin Kalo; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethics. Relationship between doctor and patient that originated from the paternalistic relationship turns into a horizontal contract. The amendment raises a lot going on criticism of the performance of doctors. The formulation of the issues discussed in this study regarding the rules on malpractice in Indonesian positive law and criminal liability of doctors in the Supreme Court decision No. 365k/pid/2012. This problem is analyzed with the theory of criminal responsibility and theories of causality. Results of this thesis research on the rule of positive law malpractice in Indonesia is in the book of the Criminal Justice Act, Act No. 36 of 2009 on Health, and Law No. 29 of 2004 Practice of Medicine, malpractice is divided into two, judicial malpractice and malpractice etic. Criminal liability imposed on physicians by the Supreme Court is not in accordance with the theory of causality because there are no omissions in the action taken by the doctor that resulted in the death of the victim, so that the elements of Article 359 of the accused are not being met, and there should be no criminal responsibility for the death of the victim to the doctor, as a result of death due to embolism is a medical risk in medicine and included in the justification of criminal responsibility. So the Supreme Court's decision in giving the verdict of guilt was not right and wrong. well as law enforcement officers to more thoroughly and understand the principles of law and legal theory and laws and regulations related to shrimp malpractice, resulting in a wise decision for the court physicians and patients in conflict of the law.

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