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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
Arjuna Subject : -
Articles 14 Documents
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Search results for , issue "Vol 4, No 4 (2016)" : 14 Documents clear
PERBANDINGAN PEMILIHAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA DENGAN KONSEP SYURA DALAM PRINSIP KETATANEGARAAN ISLAM Muhammad Ihsan; Hasballah Thaib; Faisal Akbar Nasution; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTPresidential election process in Indonesia has been reflected in the Constitution of the Republic of Indonesia Year 1945 (1945 Constitution). Since 1945, the presidential election process in Indonesia is consensus in an institution of the People's Consultative Assembly (MPR). It is as the implementation of the Preamble of the 1945 Constitution, all four precepts of Pancasila, "Democracy Led by Wisdom Wisdom In a consultative assembly". Changes in the 1945 Constitution in 1999-2002, has implications in the process of election of the President of deliberation to direct election by the people. Many observers said the process of direct election by the people as a model of democracy. In fact, not a few who claimed the election process by consensus in the Assembly, as well as a model of democracy though indirectly. Implementation of the Presidential election in the concept of Shura as Shura and democracy has no relevance, given some quarters to equate the two. Although there are similarities between shura and democracy as expressed by some. However, there is very substantial between the two, given that it is shura is a method derived from the Rabb al-basyar (Rabb human), namely God, while democracy is the fruit of thinking of a weak man who is certainly not free of shortcomings, democracy sourced of concepts and principles devised by man which the concepts and principles is closely linked to the interests of each individual name in its implementation.Keywords: Presidential Election, Democracy and Shura
ANALISIS YURIDIS KONTRAK OLEIN PADA PERDAGANGAN BURSA BERJANGKA JAKARTA Armansyah Siregar; Bismar Nasution; Alvi Syahrin; Sanwani Nasution
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTThe development of the world economy into the modern era, in which various forms of financial business is growing rapidly, futures exchange can be used as a modern institution of agricultural commodity trading, commodity futures or commodity exchange is present in hopes of helping to run the risk of price fluctuations that occur. Indonesia as a country that has a variety of commodities requiring a transaction mechanism that is organized, orderly, fair, effective, and efficient, the Jakarta Futures Exchange (BBJ) was formed to facilitate the means of transaction between buyers and sellers meet in a futures contract with a brokerage firm stock exchange members. The setting of the type-olein contract to be traded and regulated in the Code Jakarta Futures Exchange. Based on the results of research to understand the procedures for futures transactions, the transaction can only be traded on an exchange, and traded by parties who have a license / business from BAPPEBTI, and conducted in accordance with the rules and regulations applicable stock exchange, as well as setting the futures contracts to be traded Regulation and Discipline of the Jakarta Futures Exchange, futures contracts have a standard form contracts based on the specifications that have been established such as the quality, type and clear pricing. Futures contract has a clearinghouse that guarantees fully to completion transksi on futures contracts. The terms of the payment made in the form of futures trading margin. Futures contract has a trading and closing hours every day (daily settlement) and any futures position can be closed at any time.Keywords: contract, olein, trading, Jakarta Futures Exchange.
ANALISIS HUKUM ATAS PENERAPAN RAHASIA BANK DI INDONESIA TERKAIT DENGAN PERLINDUNGAN DATA NASABAH BERDASARKAN PRINSIP KEPERCAYAAN KEPADA BANK (STUDI PADA PT. BANK CIMB NIAGA Tbk CABANG MEDAN) John Bert Christian; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract Bank secrecy is the concrete form of consumers’ data and deposits protection in which the bank secrecy is the application of the fiduciary principle by the bank. It is seen that the customers give their data and fund to be saved in the bank based on their trust that the bank will provide protection for their data and fund, and without this trust, the customers will not use the banking service. Therefore, banking secrecy keeps existing as long as the bank applies the fiduciary principle, and the fiduciary principle must be equally applied between the interest of  individual  protected based on the fiduciary principle and the public interest for law enforcement. This is reflected through the application of the relative bank secrecy which allows the access to open the bank secrecy. Even though the access to open the bank secrecy is allowed, but as to show how important the fiduciary principle stated in a legal certainty in the protection of customers’ data is, any violation of the bank secrecy will be sentenced either in the forms of imprisonment, fine and/or administrative penalty. The bank secrecy in Indonesia needs a more specific and detailed regulation which is strictly related to whether or not the permission from the Governor of Bank Indonesia is needed. The regulations of Bank Indonesia as the implementing regulations can eliminate the doubt and ambiguity in the application of bank secrecy and the banking is expected to be able to accommodate the provision related to bank secrecy and customers’ data protection through the SOP of respective bank. Keywords: Bank Secrecy, Fiduciary principle, Customers’ Data Protection
PENERAPAN NOODWEER (PEMBELAAN TERPAKSA) DALAM PUTUSAN HAKIM/PUTUSAN PENGADILAN Rani Angela Gea; Muhammad Hamdan; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The reasons for the negation of criminal (Straf Uitsluitings Gronden) are reasons that allow a person who has committed a criminal offense which meets formula, but can not be convicted. The defense forced (noodweer) is the reason for eliminating the illegitimacy (wederrechtelijkheid or onrechtmatigheid), then the reason for eliminating the nature of the crime (strafuitsluitings - grond) is also said to be a reason to justify or justify acts that generally constitute a criminal offense (rechtvaardigings - grond) called fait justificatief. The results showed that the Application of noodweer the verdict or the court's ruling, it must meet two main points, namely: There was an attack. Not against all attacks can be held defense, but in attack that meets the following requirements: instantaneous; which directly threatened; against the law; deliberately aimed at the body, politeness and possessions. There should be a defense against the attack. Defense actions must meet the following requirements: the defense should be and needs to be held; defense must involve the interests referred to in the legislation that is an attack on the body (lijf), politeness (eerbaarheid) and property (goed) belongs to himself or others . Keywords: Noodweer, Defence Emergency, The verdict of the Supreme Court of the Republic Indonesia

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