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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 15 Documents
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Search results for , issue "Vol 5, No 2 (2017)" : 15 Documents clear
SISTEM PENGISIAN JABATAN KEPALA DAERAH DI INDONESIA MENURUT ASAS OTONOMI DAERAH Saddam Bancin; Faisal Akbar Nasution; Mirza Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The principle of regional autonomy spawned legal norms stating that based on the principle of regional autonomy, regional head position the charging system is done through an election by the people of the area, and without the participation of the central government in determining the position of head of the area. According to the principle of regional autonomy, local independently determine the head region. Then, Indonesia as a state constitutional establish legal order based on the provisions of the constitution. An Act to regulate the charging system regional head position is formulated to maintain consistency with the provisions of the constitution. The rule of law charging system based regional head position is a reflection of democracy and the constitutional principle of local autonomy simultaneously. Based on the principle of local autonomy, the territory can apply the rule of law different charging systems associated with regional head position. These different settings later called asymmetric decentralization system of filling the position of regional head. The asymmetric decentralization can not only be applied to areas that are privileged and special, but also can be applied to areas in general. Keywords :    Legal Structure, Local Autonomy Principle, Head of Local Govern, Asymmetric Decentralization
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCURIAN DENGAN MODUS PECAH KACA MOBIL DALAM PERSPEKTIF KRIMINOLOGI (Studi Kasus Putusan Pengadilan Negeri Stabat No. 404/Pid.B/2013/PN.Stabat) Fickry Abrar Pratama; Ediwarman Ediwarman; Mahmud Mulyadi; Syamsul Arifin
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Thefts with modus operandi by breaking windshields happen frequently in Indonesia. Since it increases in number, research on it from the criminological perspective in necessary in order to find out the causing factors. The Penal law can be used as the means to overcome this theft. Overcoming this crime by penal law can be categorized into the forms of penal and non penal efforts. The objective of teh research is to find out the factors that constitute this theft and the policy of penal law to overcome it. The formulation of problems in the research are how the legal regulation are in regard to this theft, what the causing factors are, modus operandi are, and how the penal law policy is to overcome this theft.The method used in the research is the judicial normative method, namely a method based on the library study in order to obtain the materials that meet the requirements. The instruments of data gathering are guidelines of interviews and library study. According to the research result, the theft with modus operandi by breaking the windshields is categorized into a theft with aggravation which is regulated in the Article 363 of the Penal Law. Theaggravating element is that there is an effort from the perpetrators to break a thing that prevents them from conducting their action and it is conducted by more than 2 persons. The factors that cause the theft with modus  operandi by breaking the windshields are habit, environment, and benefit. The policy of the penal law to overcome this kind of theft can be divided into the penal and non penal forms. These are divided again into pre-adjudication phase. The pre-adjudication phase is the phase of filing to the police before getting into phase of court session and the adjudication is the hearing of the theft perpetrator to the court. Meanwhile, in the non penal efforts, the police have made preventive efforts, such as, by patrolling at critical hours either while wearing casual clothes or uniform to prevent the occurence of the theft. Keywords: Penal Policy, Theft with Modus Operandi by Breaking the Windshields
AKIBAT PENGHENTIAN BILATERAL INVESTMENT TREATY (BIT) INDONESIA – BELANDA YANG DILAKUKAN SECARA SEPIHAK OLEH INDONESIA Eka Husnul Hidayati; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Indonesia-Netherlands BIT has been terminated since July 1st, 2015. The intention to terminate has been submitted by Indonesia to the Netherlands on March, 2014. The validity of the termination was questioned by investors, businessmen, and international lawyers, given the ground of the termination undertaken by Indonesian Government was to protect Indonesia’s national interests. The research, which is a descriptive-analytical normative legal research, tends to examine the basic regulations of BIT set under Indonesian and international legal system as well as analyzing the termination undertaken by Indonesia unilaterally from both perspective of Indonesian national law and international law. The research is also describing the consequences arising from the termination. Keywords: bilateral investment treaty, unilateral termination,
IMPLEMENTASI PASAL 74 UNDANG-UNDANG NO. 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN DI PTPN III Delfani Febryana Lubis; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Implementation of Corporate Social Responsibility or Corporate Social Responsibility (CSR) by PTPN III conducted based on Article 88 of Law No. 19 of 2003 on State Enterprises (BUMN Law) and Article 74 of Law No. 40 Year 2007 regarding Limited Liability Company (Company Law) but the implementation of CSR can not be implemented by the Company Law and channeled properly because the Company Law does not expressly regulate the implementation of CSR, causing an unstable state in its implementation. Based on the background problems above it is found that First, the rule of law in the Corporate Social Responsibility before and after the enactment of Article 74 of Company Law, Second, The Implementation of Corporate Social Responsibility by PTPN III based on Article 74 of Company Law, Third, stakeholders participation in The implementation of The Obligations Social responsibility in PTPN III.Keywords : Corporate, BUMN, Implementation, Social Responsibility
PENJATUHAN SANKSI PIDANA DIBAWAH BATAS MINIMUM ANCAMAN HUKUMAN BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA Amru Eryandi Siregar; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Some of the reasons decided by penalties ½ (half) of the amount of the minimum sanction of imprisonment is based on Article 22 No. 3 of 1997 on Juvenile Justice, which is "Against the bad boy can only be dropped criminal or actions specified in this law". Then Article 23 Paragraph (1) Number 3Tahun 1997 on Juvenile Justice, which is "The penalties can be imposed on a bad boy is the subject of criminal and additional criminal, and Article 26, Paragraph (1) No. 3 of 1997, namely; "Imprisonment that can be imposed on juvenile delinquents referred to in Article 1 point 2 letter a maximum of ½ (one half) of a maximum imprisonment for adults". Of the three articles above, in fact there is no penalty associated settings ½ (half) of the amount of the minimum sanction of imprisonment and can be said to be the judge in this case making a legal breakthrough by the application of such penalties. The conclusion of this thesis, If the child committed the crime of Narcotics and charged article is based on Law No. 3 of 1997 on Juvenile Justice, the Judges under Article 24 of the Juvenile Court Act can: 1.Mengembalikan to a parent, guardian or person asuh.2.Menyerahkan to state for education, coaching and job training khusus.3.Menyerahkan to the Department of Social or Social Community Organizations engaged in coaching education and job training. Narcotics. Settings criminal offenses committed by minors under Law No. 35 Year 2009 on Narcotics in principle is not specifically regulated but arrangements will include Law No. 3 of 1997 on Juvenile Justice. It can be said Law No. 35 Year 2009 on Narcotics can not stand alone in terms of setting the crime of Narcotics committed by minors because of Act No. 3 of 1997 on Juvenile Justice is specific legislation relating to justice perpetrators of crimes committed by minors. That From the North Sumatra High Court Decision No. 369 / PID / 2013 / PT-MDN, Stabat District Court Decision No. 349 / PID.SUS.A / 2013 / PN.STB, Stabat District Court Decision No. 443 / PID.SUS. A / 2014 / PN.STB, Stabat District Court Decision No. 444 / PID.SUS.A / 2014 / PN-STB, Stabat District Court Decision No. 445 / PID.SUS.A / 2014 / PN.STB can be criticized especially those concerning the aggravating factors where the emphasis that the child should not know the drug, but in fact had known even used also to mengederkannya. Actually, such a case is not only seen from what has been done olehseorang children who do drug abusers, but should have a more visible is the background why the child did it, or in other words what factors cause them to do that (teaching causalitet). Keywords:         Imposition, Sanctions, Criminal, Below Minimum Limit, threats,           punishment, For Child Actors, Crime, Narcotics.

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