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PERTANGGUNGJAWABAN PIDANA ANAK DIBAWAH UMUR SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi Putusan Pengadilan Nomor 366/Pid/Sus-Anak/2014/PN. Pdg) Eryco Syanli Putra; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Differing views of judges in giving legal for children the doers also be the basis of punishment is given or not given to children the doers. In fact, over the many decisions of the judges are more inclined to give a prison sentence than provide rehabilitation or other penalties for child offenders narcotic crime. This fact is very unfortunate given the children who are still growing and need the attention of all parties, favors given physical punishment of the child's psyche recover from the addiction and drug dependence. Issues raised in this study, namely how the rule of law against children as a criminal narcotics, forms of legal protection provided to the child offender narcotics, and criminal liability of children criminal narcotics Court Decision No. 366 /Pid/ Sus-Kids/2014/PN. Pdg. To find answers to these problems, this study used types of normative legal research is a descriptive analysis, which the normative legal research using secondary data as the main data with munggunakan techniques of data collection is done by means of a literature study (library reseacrh), as well as data analysis method qualitative data analysis. The data analysis is meant by an idea, facts obtained will be analyzed carefully to address the problem Keywords: Criminal Liability, Children, Crime, Narcotics.

PERBANDINGAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG NO. 31 TAHUN 1999 Jo UNDANG-UNDANG No. 20 TAHUN 2001 TERHADAP RANCANGAN UNDANG-UNDANG KUHP TENTANG TINDAK PIDANA KORUPSI Phio Tuah Reysario Sinaga; Mahmud Mulyadi; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption is always seen as a contagious disease and can proliferate in a particular network, does not stop at a single network, but rather to move from one network to another until completely destroyed tissue. Corruption is a crime which is seen as a high level of crime, not only because this crime is done through technical and systematic effort but the implications arising from this crime and undermine the entire system perarel affected by the corruption virus. Corrupt practices are often interpreted as positive, when this behavior becomes an effective tool to penetrate the public administration, and political channels were very closed. Corruption is also an effective tool to ease the tension between the bureaucrat and politically, because both are involved together in achieving compliance with their own personal interests. Whatever the reason, corruption tends to create economic inefficiencies and waste sector as it has a direct impact on the allocation of funds, production, and consumption funds. Corruption direct or will not affect the level of quality of goods and services Keywords: corruption, crime, extraordinary crime

PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA MILITER ( Studi Tindak Pidana Militer Di Kosek Hanudnas III Medan) Muhammad Hykna Kurniawan Lubis; Syafruddin Kalo; Mahmud Mulyadi; Muhammad Hamdan
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesian National Army consists of the Indonesian Army, Indonesian Navy, Indonesian Air Force. In carrying out the responsibilities of course there is the possibility of irregularities committed by members of the Indonesian National Army. Deviations that one of them is a military offense. Every crime committed by members of the Indonesian National Army settled in military courts. The results showed that the request of criminal liability against members of the military who commit the crime of military experience various obstacles, such as procedural obstacles and barriers that come from matter legislation relating to the setting military offense itself. All entities to improve the effectiveness of supervision attached or internal control as a function of command, carry out program personnel development and mental development to improve compliance, obedience and discipline of soldiers against the rule of law, then an evaluation factor contributing to the cause so it can be used as an ingredient in prevention and penaggulangan, and the latter are cracked down any military personnel involved in criminal acts. Besides, it is also the need to revise Law No. 31 Year 1997 on Military Justice, in particular to Article 124 paragraph (4), Article 141, paragraph (10), and Article 143, because these Articles is a matter of law that are multiple interpretations. Keywords: criminal liability, the military, a criminal offense.

SYNCHRONIZATION OF COPYRIGHT ACT WITH BROADCASTING ACT (A LEGAL COMPARATIVE STUDY WITH NORMATIVE APPROACH) Abdullah Husain; Runtung Sitepu; OK. Saidin; Keizerina Devi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The present sophisticated information needed by the people has been taken advantage by the mass media whose roles are to pass some information, educate, express some opinions, and share knowledge to their readers and audiences. In order to fulfill the people’s needs, the mass media are always active to produce quick, actual and original information. Broadcasting agency, as the media of communication for news broadcasting, is legally protected to broadcast voices or images which are the results of copyright work to the public. The research method applied is normative legal research method carried out through studies on relevant laws and legal materials and supported by collecting related information. The data are collected through library study and qualitatively analyzed. The results show that copyright and broadcasting are the activities that will always intersect with the intellectual property and copyright which can be seen in Article 1 number 8 of the Law No. 28/2014 concerning Copyright that particularly discusses about broadcasting agency. Article 63 of the Law No. 28/2014 concerning Copyrights also mentions that the time length of the protection validity by Neighboring Rights is: a. valid for 50 (fifty) years for the Show Actors, since the show was recorded in Phonogram or audiovisual; b. valid for 50 (fifty) years for the Phonogram Producer since the Phonogram was fixed; and c. valid for 20 (twenty) years for the Broadcasting Agency since its broadcast work was aired for the first time. The role of the Broadcasting Commission of Indonesia as the people’s representative is to uphold the law, in particular, to implement the administrative sanction. It is also expected that the people be able to take part in establishing the healthy broadcasting morality. The media must be improved to strengthen the people to be more educated. It is also expected that with the high media awareness, the public can control and supervise the television broadcastings. Keywords: Copyright, Broadcasting, Synchronization

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN DALAM KELUARGA (ANALISIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 760 K/PID/2013) Gunawan Sinurat; Alvi Syahrin; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law is a tool in protecting the rights of people whose purpose is order and tranquility in society, but the law alone will not be able to achieve that goal. Nowadays the frequent complaints in the police are the cases of the family has increased, because the current society assumes that any problems will be better resolved with the domain of the court when it would be nice if resolved by way of kinship. The provision of Article 367 of the KUHP can be seen that the theft in the family is a complaint offense, meaning that there is or not a claim against this offense depends on the agreement of the disadvantaged / victims / people determined by law. Keywords: Theft and In The Family.

PENYITAAN BARANG BUKTI SEBAGAI PENGEMBALIAN KERUGIAN KEUANGAN NEGARA DALAM PERKARA TINDAK PIDANA KORUPSI OLEH KEPOLISIAN (Studi Kasus di Polrestabes Medan) Immanuel P Simamora; Syafruddin Kalo; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract Medan Raya Police Department (Polrestabes) part of the Indonesian National Police is located in the region of Medan, North Sumatra province is one of the territorial units (Satwil) under the control of the North Sumatra Police (Poldasu). Medan Polrestabes in the eradication of corruption for its eradication moves in a repressive space, namely investigation. The investigation conducted by Polrestabes Medan aims to ensnare the perpetrators of corruption and confiscate the evidence that is allegedly obtained from corruption or corruption which certainly has economic value so that it will have potential for the return of state losses. That is, the evidence seized by investigators is potentially usurped by the state later through a court ruling and will be used to cover state losses. Keywords: State Finance, Foreclosure and Corruption

TINJAUAN YURIDIS TERHADAP PERMOHONAN SITA MARITAL ATAS SENGKETA HARTA BERSAMA DILUAR GUGATAN PERCERAIAN MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NO. 2188/PDT.G/2012/PA JS) Azirah Azirah; Hasim Purba; Idha Aprilyana; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Joint property is one of the factors that cause a friction and a conflict in a marriage. The conflict appears because one of the parties usesthe joint property extravagantly. Consequently, the injured party can file for “marital confiscation”. The research results show thatthe requestsof marital confiscation on the conflict of the joint property are divided into two that is;firstly, marital confiscation done because of divorce claim as stipulated in Article 24 paragraph (2) letter c of PP No. 9/1975, Article 78 letter c UU No.7/1989, Article 136 paragraph (2) letter b of KHI, and secondly out of divorce claim in Article 95 paragraph (1) of KHI and Article 186 of Civil Code. However, in the broader sense, the request covers some conflicts between a husband and a wife that is in a divorce case, distribution of joint property case, and actions that endanger the joint property. In the ruling of civil case No. 2188/Pdt.G/2012/PA JS, it is found out that the reason why the marital confiscation is filed by a wife as the Petitioner is that there is an allegation or a suspicion that her husband as the Respondenthas a backstreet relationship with another woman that in this case the Respondenthas been reasonably suspected to use the joint property extravagantly. In the Ruling, the Judge of South Jakarta Religious Court has refused all of the Petitioner’s requests for the marital confiscation because the evidence element is not fulfilled during the hearing process of the joint property case. Besides, the Penal of Judges considers that the application of the article used by the Petitioner is not appropriate. Therefore, people should be more careful to apply the article on the marital confiscation they fileso that the legal effort done is not useless. Keywords: Marital Confiscation, Joint Property, Marriage

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS JASA PELAYANAN KONSUMEN PADA PDAM TIRTANADI CABANG SUNGGAL - MEDAN Andini Pratiwi Siregar; Tan Kamelo; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the common services that are profitable is Drinking of Water Company (PDAM/PAM) despite the profit,the company taps country like it is advantageous people.The goalwas focused more on the bussiness prosperty of the people,this has been done considering the importance of drinking water for human life.It is enshrined in the provisions of Article 33 paragraph (3) of the 1945 Constitution which reads,earth and water and natural resources contained in it are comtrolled by the state and used for the people’s welfare. The result of research and discussion describes setting up the legal relationship between consumers and service user of drinking water by the Regional Water Company Tirtanadi Sunggal Medan Branch outlined in the agreement in the form standard agreements or standards.The agreement contains the identify of the parties,the rights and obligations of both parties,Prohibition and sanctions given to constumers,termination and dispute resolution.PDAM legal accountability Tirtanadi Sunggal Medan Branch related to violation of consumer rights of service user of drinking water is responsibility of the rise in civil case of default or tort where taps can be subjek to payment of compensation.In addition to the civil responsibility taps are also subjeck criminal liability if the breach consumers rights was indetified as a criminal act.Form of consumer legal protection of drinking water service user in case of violation of consumer right so consumers can be use the provision stipulated in Law No .8 of 1999 on the protection of the lawsuit .While law suit to bussiness that taps cam be charged through a civil ,criminal and administrative state. Key word: Accountabiility Law,Consumer ,Service

PERTANGGUNGJAWABAN PIDANA KORPORASI ATAS PRAKTIK TRANSFER PRICING BIDANG PERPAJAKAN DI INDONESIA Antonius Leonard Tarigan; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The research shows that the corporate crime liability in Indonesia can be liable to the member of board of directors in a corporate if they commit in deliberate and negligent way. A corporate is also a crime subject other than human being. Therefore, a corporate can be convicted crime based on functional liability (functioneel daderschap). In transfer pricing case, if it was committed deliberately to avoid or minimized tax payment to the country which impact to loss for the country. The corporate crime libility of transfer pricing practice in Indonesia’s taxation is a deliberate action by a corporate as the effort of tax avoidance which reduce the tax contribution to the country. The deliberate action includes motivation and intention to avoid tax which impact to losses for the country. Transfer pricing is basically an intentional effort in a corporation to avoid tax payment. In other words, a corporation may be crimely liable if there is an intentional effort to avoid tax which impact to losses for the country, violating its obligation as the tax payer. The model of corporate crime liability of transfer pricing in taxation based on tax regulation for corporate is being charged with tax evasion, while for directors of officers may be crimely convicted of deliberate act to avoid paying tax by manipulating transfer price. Keyword: crime liability, corporation, taxation, transfer pricing

JAMINAN PERLINDUNGAN HUKUM TERHADAP PEKERJA/BURUH YANG MELAKSANAKAN HAK MOGOK DI INDONESIA Chairina Nopiyanti Sipahutar; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A strike is the basic right for employees/laborers which has to be protected by law. It has to be performed legally, orderly, and peacefully. The problems of the research were whether there was the relevance of a permit to go on strike to the implementation of the strike as the basic right of employees/laborers, whether law on Workforce provided legal protection for employees/laborers that went on strike, and whether there was legal constraint faced by them in going on strike. The research used judicial normative method by using primary, secondary, and tertiary legal materials. The data were gathered by conducting library research and analyzed qualitatively. Law on Workforce regulates legal strike in which, in its implementation, it is limited by complicated permit requirements and procedures for employees/laborers in going on legal strike. These complicated requirements and procedures become legal constraints for employees/laborers in struggling for their aspiration. However, Law on Workforce has many loopholes in the regulations on strike. Legal protection and the prohibition for the termination of employment and wages which should be paid during the strike are intended for those who go on strike legally. However, legal protection is only given to employees/laborers as far as they are on strike legally which is almost impossible to be done. Based on the result of the research, it is recommended that law makers improve and complete the substance of the legal provisions which still have many loopholes. Besides that, in the future, the implementation of strike should prioritize the substance of the strike which is the basic right for employees/laborers to express their petition rather than fulfill formal requirements and the procedure of permit in carrying out strike. Keywords: Legal Protection, Right to Go on Strike, Strike Permit.

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Sumatera utara

INDONESIA