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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 17 Documents
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Search results for , issue "Vol 6, No 1 (2018)" : 17 Documents clear
PENEGAKAN HUKUM TERHADAP PRAKTEK PUNGUTAN LIAR DI JALAN RAYA OLEH MASYARAKAT DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (STUDI KASUS DI POLRES LANGKAT) Mulya Hakim Solichin; Alvi Syahrin; Mahmud Mulyadi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The crime rate at Polres Langkat have been increasing every year. The practice of thuggery such as illegal levies on the highway is one of several factors that cause this increase of the incidence. The action of Polres Langkat against the practice of illegal levies on the highway is applying the Kitab Undang Undang Hukum Pidana (KUHP), Undang Undang, 2009 No. 22 about road traffic and transportation, the implementation is related to Peraturan Mahkamah Agung (PERMA) 2012, No.2 about the adjustment of the criminal acts limit and the amount of penalties in KUHP.  This research was conducted with empirical juridical approach applying secondary and primary data. The descriptive analysis method is used in this research through secondary and primary data. At least there 3 obstacles occurred in the effort of the Polres Langkat Those are law enforcement officials, legislation and legal culture of the Langkat district, while the legal impact on the community of the practice of illegal levies is still considered justified.  Based on the results of this research it is suggested that the law enforcement officials must understand. The aplicaion of the next PERMA law correctly. The cooperation work among the law inforcement officials, the the goverment and the community should play an active role through supervision, mental, and moral education to give effect detterent so that it can change the mentality of the offender to be better in their attitude.   Keywords: Police Roles, Illegal Levies on Highways, legal policies, Crime Justice System.
PEMBERIAN RESTITUSI TERHADAP KORBAN ATAU AHLI WARIS DALAM TINDAK PIDANA PERDAGANGAN ORANG Boy Amali; Alvi Syahrin; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Every victim of human trafficking crime or their heirs the right to obtain restitution. Restitution referred to in paragraph (1) for damages above: a. loss of wealth or income, b. suffering, c. costs for medical care actions and / or psychological and / or d. other losses suffered by the victim as a result of trafficking. The refund was given and included simultaneously in the ruling court on criminal case of human trafficking. Restitution carried out since the first level court decision handed down may be deposited in advance at the court where the case is disconnected. Restitution is done within 14 (fourteen) days from assured decision that has obtained permanent legal force. The perpetrator was acquitted by the court of appeal or cassation, the judge ordered restitution in the decision that the money deposited is returned to the person concerned. The conclusion of this thesis, 1.Government Indonesia is expected to soon establish minimum standards for the eradication of trafficking in persons. Furthermore, it should start using the Law No. 21 Year 2007 on Eradication of Trafficking in workers' trade practices. Improvement in the performance of the courts, prosecution and sentencing in cases of labor trafficking, including those involving labor recruitment agencies. Checking back in a Memorandum of Understanding with the countries that became the purpose of trading to incorporate protection of the victim. Need for increased efforts to prosecute and convict public officials who profit from or are involved in trafficking. Increase funding for law enforcement and rescue, restore and reintegrate victims. 2. Though no firmness in Law No. 21 of 2007 as mentioned above, wants to decisions restitution, executor of execution is the prosecutor, because since the beginning of the prosecutor has been involved in the filing restitution claims. (Article 50 paragraph (3) of Law No. 21 of 2007). If the merger of damages and criminal cases in the Criminal Code, implementing the execution of criminal decisions implemented by the Prosecutor (Article 270 Criminal Procedure Code), while the decision of restitution / compensation is carried out according to the procedures of the civil judgment (Article 274 of the Criminal Code) .3.Laws Number 21 Year 2007 to be immediately implemented by the issuance of Government Regulation (PP) on mechanisms and Procedures Restitution for Victims of Crime of Trafficking in Persons. In the PP least should regulate: a.Tata how to care restitution and the role of prosecutors in filing surrogate restitusi.b.Tata to calculate the value loss to be submitted to the court and the prosecution authorities determine the amount of losses that will be submitted to the court. c. Authority prosecutors filed the restitution is mandatory not voluntary so that he does not need approval from the victim, unless the victim asked the prosecutor not to file a restitution claim. d. Attitude prosecutor if the victim is more than one, there are welcoming the decision and some are wanting appeal. But should the prosecutor suggested to those who refuse to file a lawsuit through the civil order not to harm the victim receives. e.Must firmness that the execution must go through the prosecutor, so that prosecutors can actually carry out surveillance that restitution was met by the offender.   Keywords: Restitution, Victims Or Heirs, Crime, Human Trafficking.
PENERAPAN PERSYARATAN KECUKUPAN DAN KUALIFIKASI DOSEN PADA PROGRAM STUDI DI PERGURUAN TINGGI DI LUAR IBUKOTA PROVINSI (Studi di Kabupaten Toba Samosir dan Tapanuli Utara) Fidelis Haposan Silalahi; Tan Kamello; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Among the standars maintained by the regulation of the Minister of research technology and higher education number 44 year 2015 about the national standars of higher education, there is a standar to give guidance for the qualification and number of lecturers a study program should have in any university in Indonesia as it is written on chapter 27 verse 6, chapter 29 verse 3 and 4.  From the study, it was found that the standar remained the same throughout Indonesia for the number of lecturers which is at minimum 6 persons per program study. Meanwhile, the qualification for the lecturers teaching in Diploma 3 and Diploma 4 programs is any lecturer holding a Master degree or an applied Master degree whose specialty is in line to the study program. However, for the implementation of the regulation of the Minister of research technology and higher education number 44 year 2015 that says every study program must have at least 6 permanent lecturers was still not fulfilled in academicals universities and the lecturers’ qualification was still not met since they were mostly bachelor graduates. Finally, the regulation of the Minister of research technology and higher education number 44 year 2015 cannot be adopted fully in every region because there are some discrepancies in abilities between the universities in capital cities and in urban areas. It is suggested that the regulation of the Minister of research technology and higher education number 44 year 2015 is not totally applied in universities outside capital cities of provinces like the regencies of Toba Samosir and North Tapanuli. It is also necessary to set the time limit for the application of the regulations. It is highly recommended that academicals universities are given time and exception in applying the rules for the lecturers’ adequacy and qualification. Finally, the support from the central and local governments are highly expected to successfully run the programs set by the Minister of research technology and higher education number 44 year 2015.   Key words : lecturer, standar for adequacy and qualification , study program 
PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
ANALISIS YURIDIS TENTANG PEMBELIAN KEMBALI (BUYBACK) SAHAM TANPA PERSETUJUAN RAPAT UMUM PEMEGANG SAHAM (RUPS) (Studi Peraturan OJK Nomor 2/POJK.04/2013 tentang Pembelian Kembali Saham yang Dikeluarkan oleh Emiten atau Perusahaan Publik dalam Kondisi Pasa Chairiyah Ella Sari Siregar; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In recent years, the Indonesian economy has shown difficulties as a result of the global economic crisis marked by declining stock prices of publicly traded companies. In response, The Financial Services Authority (OJK) has re-enacted Rule Number 2 / POJK.04 / 2013 concerning Buyback of Shares Issued by Issuers or Public Companies in Significant Market Fluctuation Conditions. With this regulation, companies whose share prices tend to decline significantly are allowed to buyback without having to hold a GMS in advance. By using the methods of normative legal research, this research will examine how the arrangements are based on the Company Law and the POJK in detail, then how exactly the GMS position is in the Shareholders of the Public Company in UUPT and POJK, and how the legal protections can be provided to the POJK related Public and Investor Company. Therefore requires special regulation as the implementing regulation which accomodated by Rule Number XI.B.2 intended for the holding of buyback when the market condition is normal, and POJK No. 2 / POJK.04 / 2013 which used if the market situation tends to fluctuate significantly as a result of the crisis. Furthermore, the position of the GMS in share buyback corporate action is abolished because the company needs to take efficient measures to make an urgent decision for the company. The abolition of such GMS pursuant to Article 4 of the POJK is replaced with an announcement containing the plan, proforma, methods, and analysis of the company's management regarding the influence of share buyback on business activities and growth of the company. Concerning the concept of legal protection against investors is not sufficiently regulated in the POJK because it has been regulated comprehensively in the OJK Regulation Number 1 / POJK.07 / 2013 on Consumer Protection of Financial Services Sector, thus the form of protection stipulated in the POJK is solely for issuers / public companies only. Keyword : buyback, general meeting of shareholders, The Financial Services Authority (OJK)
PENGHITUNGAN KERUGIAN KEUANGAN NEGARA OLEH KANTOR AKUNTAN PUBLIK DALAM PERKARA TINDAK PIDANA KORUPSI (Studi : Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn., tertanggal 16 Februari 2017) Muhammad Isnayanda; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The case of corruption is a major problem in Indonesia that causes a huge loss of state and affects the decline in the quality of people's lives to disrupt economic stability. In the case of corruption (hereinafter called "Corruption"), as for the authorities to conduct an investigation under the applicable law, among others: the Indonesian Police, the Attorney General's Office and the Corruption Eradication Commission. Based on the authority given by the law mentioned above, to every investigator and investigator to conduct a corruption investigation and investigation, the Police of the Republic of Indonesia, the Attorney General of Indonesia and the Corruption Eradication Commission have the authority to conduct investigation and investigation of Corruption. In the eradication of corruption, the government has promulgated Law no. 31 of 1999 on the Eradication of Corruption as amended by Act No. 20 of 2001 on Amendment to Law no. 31 Year 1999 on the Eradication of Corruption (hereinafter referred to as "Corruption Act"). The most important element of the article in the Corruption Act is "it can harm the state's finances or the state's economy". Thus, the calculation of State Financial Losses (PKKN) is needed in conducting investigations and investigations in cases of corruption. Keywords : Calculation of State Financial Losses; Public Accountant Office / Public Accountant; Case of Corruption.
PERKAWINAN SEMARGA DALAM HUKUM ADAT MANDAILING (Studi di Desa Manegen Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan) Ardina Khoirunnisa; Rosnidar Sembiring; Idha Aprilyana; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Mandailing society using the system of kinship patrilineal people, who know and use the term clan groups. Clan name is in fact the forerunner of a group of relatives according to the lineage of the father. The implementation of customs and customary law in public life carried out based on the structure and Mandailing systems customary law called Dalihan Na Tolu. Mandailing society has a marriage exogami, therefore semarga under the terms of the marriage customs of the Mandailing is prohibited. The prohibition of marriage semarga is already washed out in the community due to the influx of Mandailing influence of Islamic law. Formulation of the problem in this research is how the provisions of the customs of the Mandailing about marriage semarga, how the implementation of semarga marriage in the village in Mandailing Manegen society, and whether the legal consequences over the violation of the prohibition of Mandailing society semarga marriage in the village of Manegen.This research is empirical juridical legal research with descriptive research analytical nature. Research location in the village of Padangsidimpuan Sub-district Manegen Southeast Padangsidimpuan Town with a population of 1,120 persons and a sample of 20 people doing marriage semarga. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis. Keywords: Custom Mandailing, Marriage Semarga, Mandailing Society, and Clans.

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