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<![CDATA[KEDUDUKAN HUKUM KREDITOR SEPARATIS DALAM PEMUNGUTAN SUARA PADA PENENTUAN PERDAMAIAN DI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA PERKARA NOMOR 015/PUU-III/2005) ]]>
<![CDATA[Nurjannah Siregar]]>;
<![CDATA[Sunarmi Sunarmi]]>;
<![CDATA[Mahmul Siregar]]>;
<![CDATA[Hasim Purba]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT Separatist creditor is a holder of pawn, fiduciary collateral, hypothecation, or security right of other objects; he can execute his right as if there were no bankruptcy as it is stipulated in Article 55, paragraph (1) of Law No. 37/2004 on Bankruptcy and PKPU (Suspension of Debt Payment). This Article states that creditor can also request to PKPU which enables debtor to propose reconciliation for PKPU. However, in Article 228, paragraph (6) of Law No. 37/2004 on Bankruptcy and PKPU states that PKPU is not in effect for separatist creditor; the person in charge of determining debtor to get his right of PKPU is unsecured creditor, and it becomes one of the applicant’s propositions in requesting for Judicial Review of Law No. 37/2004 on Bankruptcy and PKPU on the 1945 Constitution. The result of the research showed that there werw inconsistencies in the regulation of Law No. 37/2004 on Bankruptcy and PKPU, againts setting legal domicile separatist creditor in voting to determine reconciliation in PKPU. This legal uncertainty of separatist creditor’s voting rights in determining reconciliation can cause the loss of separatist creditor’s right and status; he will get the lowest compensation of the value of collateral as it is stipulated in Article149 and Article 281, paragraph (2) of Law No. 37/2004 on Bankruptcy and PKPU which will probably be potential for the existence of fictitious creditors and collusion in the reconciliation plan. The Ruling of the Panel of Judges of the Constitutional Court of the Republic of Indonesia No. 015/PUU-III/2005 is considered not accurate and not objective since it does not consider any negative potentials which can occur in bankruptcy case when separatist creditor does not have any legal domicile in the voting for reconciliation in PKPU. Keywords: Separatist Creditor, Determining Reconciliation, PKPU (Suspension of Debt Payment)]]>
<![CDATA[ANALISIS YURIDIS PEMBUKTIAN TINDAK PIDANA JUDI ONLINE MENURUT UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Parlindungan Twenti Saragih]]>;
<![CDATA[Syafruddin Kalo]]>;
<![CDATA[Mahmud Mulyadi]]>;
<![CDATA[Edi Yunara]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The online gambling crime initially took place in 1994 of Antigua and Barbuda countries in the Caribbean which passed freedom of trade and processing legislation, which then allowed the licensing of organizations to build easy online casino openings. Before online casinos, the first fully-functioning gambling software was produced by Mann's software company called microgaming. The use of the software is then guaranteed security by a security company for software called Cryptologic. Given these steps gambling transactions via the internet can be done safely and became the embryo of the first online casino in 1994. In Indonesia gambling is a crime or a criminal offense so that every involved in it will be subject to criminal sanctions. The article governing gambling is Article 303 bis para (1) of the Criminal Code (KUHP). Furthermore, if a person engages in or engages in online gambling, the articles imposed do not refer to the Criminal Code but refer to Article 27 of Law No. 23/1999. 11 Year 2008 About Information And Electronic Transactions, The emergence of online gambling offenses is certainly very difficult to prove because it can be ascertained the investigators are not all have the ability in information and technology (IT). This resulted in the difficulty of the disclosure of online gambling that continues to grow in the community. Online gambling is now not only limited to sites that really provide online gambling but to hide the trail of sites that are pure games not for gambling is also used as a means to smooth the business of online gambling. For example, the card games contained in facebook are often also used or used for online gambling. Based on the above description, it is interesting to discuss the legal issues entitled "Juridical Analysis of Proof of Online Gambling Crime According to Law no. 11 Year 2008 About Information And Electronic Transactions. Keyword: Online gambling and electronic transactions]]>
<![CDATA[ANALISIS PELAKSANAAN PEMUNGUTAN RETRIBUSI TEMPAT KHUSUS PARKIR DAN RETRIBUSI PARKIR DI TEPI JALAN UMUM SEBAGAI SUMBER PENDAPATAN ASLI DAERAH KOTA PADANGSIDIMPUAN ]]>
<![CDATA[Irfan Fajri Rambe]]>;
<![CDATA[Budiman Ginting]]>;
<![CDATA[Mirza Nasution]]>;
<![CDATA[Jusmadi Sikumbang]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ ABSTRACT An analysis of the implementation of retribution of parking-specific levies and public parking levies as a source of revenue for Padangsidimpuan city is how the arrangement, implementation, constraints and solutions in levies retribution of parking lots and public roadside parking as an effort to increase local revenue since the enactment regional autonomy. Levies of special parking spaces and public roadside parking are distinguished by the management and location of the parking. The problem in this research concerns how the arrangement of retribution levy of parking at public roadside and special place of parking as source of original income of Padangsidimpuan city?, how policy implementation which have been done by Padangsidimpuan city government in exploring potency of PAD through parking levy on public road and where special parking?, and how the curbing of the implementation of parking management proven violate the city regulation Padangsidimpuan no. 4 of 2010 and No. 5 of 2010?. This research is analyzed using fiscal decentralization theory and legal system theory. The research method is normative legal research method and is analytical descriptive with primary, secondary and tertiary legal material with technique and data collection tool, namely: library research and document study and interview. The regulation of parking fee retribution procedure shall be stipulated by regional regulation and regulation of regional head. Levies are collected by using SKRD or other equivalent documents. Padangsidimpuan municipal government policy to explore the potential of local revenue (PAD) through the collection of public roadside parking levies and special places of parking is regulated in Local Regulation Padangsidimpuan city no. 4 of 2010 on Public Service Business Levies and Local Regulations Padangsidimpuan city no. 5 of 2010 on Service Levies. the implementation of collection of parking fees is managed by the Department of Transportation Padangsidimpuan city. Efforts of Padangsidimpuan city government in order to implement parking management in violation of the provisions of City Regulation Padangsidimpuan no. 4 of 2010 and Regional Regulation of Padangsidimpuan no. 5 of 2010 by the local government through the Department of Transportation of Padangsidimpuan City oversees the management of parking and controlling through the imposition of sanctions.Keywords: Levy Collection Analysis, Special Parking Area, Parking On Public Road, Local Revenue, Padangsidimpuan City]]>
<![CDATA[KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMERKOSAAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Rantauprapat No.694/Pid.Sus/2016/PN-Rap) ]]>
<![CDATA[Faisal Salim Putra Ritonga]]>;
<![CDATA[Syafruddin Kalo]]>;
<![CDATA[Madiasa Ablisar]]>;
<![CDATA[Marlina Marlina]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT Based on the provisions of article 1 point 1 of the Act No.23 of 2003 Year shield cover Children Jo article 1 1 of the Act No. 35 year 2014 about changes in the law No.23 of the year 2003 on the protection of the child, which States that the child is someone who has not aged 18 (eighteen) years of age, including children who are still in the womb. Children as subjects of law who are immature (human) does not cover the possibility of getting involved with the law, which means that a child can be the subject or object of the law in a legal events. One of the issues of concern to children is a special case of rape. Rape is a type of crime that affects very bad especially on victims, for rape would violate human rights and may damage the dignity of humanity, especially against the soul, reason and offspring. One of his Ruling State Court matter Rantauprapat matter No.694/Pid.Sus/2016/PN-Rap is something rape against children under age. In this case the occurrence of criminal offence deliberately doing hokey pokey, a series of lies or persuading a child do it. The defendant committing criminal acts against children under age (15 years) with doing serangakian lies with persuading the victim to perform coitus. Policy formulation of the law of criminal offence rape of children under based on the provisions of article 81 paragraph (2) of Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of Children and the law On article 290 of the criminal clause (2) and (3), article 292, 293, article 294 Article paragraph (1) and section 295. The application of the criminal law against the crime of rape children under based on the ruling of the District Court Rantauprapat No.694/Pid.Sus/2016/PN-Rap based on article 81 paragraph (2) and the provisions of article 76 d. consideration of judge against based on the verdict of the District Court Rantauprapat No.694/Pid. Sus/2016/PN-Rap has not been fullest to suppress the occurrence of cases of abuse and permerkosaan minors. Judges in meting out criminal prison to the defendant should have maximum as in the provisions of article 81 paragraph (2) and the provisions of article 76 D Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of The child. Recommended for law enforcement gives the application of criminal law in state court verdict Rantauprapat No.694/Pid.Sus/2016/PN-Rap in accordance with the criminal law policy contained in the provisions of Act No.35 year 2014 about changes top of Act No.23 of year 2003 on the protection of Children so that the existence of a deterrent effect for the accused and legal certainty for the victims. Keywords : legal policy, crime, rape, minors,]]>
<![CDATA[IMPLEMENTASI PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH ]]>
<![CDATA[Ali Ibsan Jaya]]>;
<![CDATA[Faisal Akbar Nasution]]>;
<![CDATA[Suhaidi Suhaidi]]>;
<![CDATA[Mirza Nasution]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The position of the deputy head of the region is very strategic when viewed from the duties and functions of the regional head is so large, So if there is a vacuum of the regional head or deputy head of the region, then the position must be filled immediately. This study is analytical descriptive research. The election of deputy regional head shall be conducted democratically through pairing elections, which is elected in a package of elections as stipulated in the Law on Regional Head Election. Filling the vacancy of the deputy head of the region who is unable to stay under Article 176 of the Law of the Republic of Indonesia Number 10 of 2016 on the Second Amendment to Law Number 1 Year 2015 Concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governor, Bupati , And the Mayor becomes the Regulation. Deputy Governor, Vice Regent and Vice Mayor in the event of vacancy, the replacement of Vice Governor, Deputy Regent and Deputy Mayor shall be conducted through election mechanism by Assembly Provincial , Assembly at Regency and City based on the proposal from Political or a combination of Political Which won the election of regional head. Keywords :implementation, vacancy, deputy head of region]]>
<![CDATA[PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANAPENCUCIAN UANG (TPPU) YANG BERASAL DARI HASIL PENYUAPAN (ANALISIS PUTUSAN NOMOR : 38/PID.SUS/TPK/2013/PN.JKT.PST) ]]>
<![CDATA[Mirza Erwinsyah]]>;
<![CDATA[Bismar Nasution]]>;
<![CDATA[Mahmud Mulyadi]]>;
<![CDATA[Edi Yunara]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT Background Bribery Bribes posing a threat to economic stability may undermine democratic institutions and values, ethical values, fairness, discriminatory nature, undermine ethics and honest business competition, injure sustainable development and enforceability of the law. The problems in this thesis are how the Corruption Crime formulation according to the Corruption Act, How is the Money Laundering Formulation under Law No.8 Year 2010 and How is the analysis of criminal law against Money Laundering Crime from Criminal Acts of Bribery On Decision Number: 38/ PID.SUS/TPK/2013/PN.JKT.PST.The conclusion in this thesis is a special legislation regulating the criminal act of corruption already exists. In Indonesia alone, the law on corruption has been 4 (four) times changed. The Crime of Money Laundering as stipulated in Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime can be classified into 2 (two) types, namely: Crime of Money Laundering and Passive Money Laundering Crime. Based on the indictment, the case is registered with number 38 / PID.SUS / TPK / 2013 / PN.JKT.PST. The defendant was charged with a layered article using 2 (two) Laws namely the Eradication of Corruption and the Criminal Act of Money Laundering. Keywords : Law Enforcement, Criminal, Money Laundering Crime, Bribery.]]>
<![CDATA[ANALISIS YURIDIS TENTANG TUGAS DAN FUNGSI KOMISI KEJAKSAAN DALAM MEWUJUDKAN LEMBAGA KEJAKSAAN REPUBLIK INDONESIA YANG PROFESIONAL ]]>
<![CDATA[Ludy Himawan]]>;
<![CDATA[Alvi Syahrin]]>;
<![CDATA[Suhaidi Suhaidi]]>;
<![CDATA[Marlina Marlina]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The system of supervision in the criminal justice system has two forms, i.e. built in control and supervision of the institution. Supervision supervisory control is built in which is performed inside the institution, while the institution of supervision conducted by supervisors outside the institution. Every law enforcement agency has a supervisory institution each, judge District Court overseen by judge high, high judge supervised by the Supreme Court and others. In addition, outside of the institution, each institution supervised by the judicial Commission, the independent agency overseeing the performance of judges, the State Attorney Commission overseeing the performance of prosecutors and others. The built in control in the supervision of the criminal justice system is not only overseeing the performance of law enforcement officials in each agency, but also supervise the process in law enforcement. The performance of the District Court will be overseen by the High Court and the High Court will be supervised by the Supreme Court. The verdict by the District Court will be judged by a court to have a position on it, in this case the High Court and so on. So is the State agency that is supervised by the Prosecutor and the Attorney General's Office. The establishment of the Commission as an institution external supervisory Prosecutor Prosecutor's Office was formed in order to improve the quality and performance of the institutions of the State Attorney. The performance of the prosecution agencies assessed the community not optimal the Foundation of this institution so that in Act No. 16 of 2004 about Attorney General RI in section 38 allows the existence of a Commission which aims to improve the quality and performance of the institutions of the State Attorney. As a follow-up of the Article then the President issued Presidential Regulation No. 18 in 2011 about the State Attorney Commission as an umbrella law duties and wewenangnnya. But in this regulation is not set explicitly how the mechanism monitoring and execution of the authority of the State Attorney Commission. In addition in the execution of the duties and authority of the Commission Attorney experienced barriers. How the State Attorney Commission overcome barriers and maximize the authority given to achieve the establishment of this institution. Keywords : External supervisory Attorney, the State Attorney's duties and Functions of the Commission.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP WEWENANG OTORITAS JASA KEUANGAN DALAM MENGAWASI TINGKAT KESEHATAN BANK ]]>
<![CDATA[Widodo Ramadhana]]>;
<![CDATA[Bismar Nasution]]>;
<![CDATA[Sunarmi Sunarmi]]>;
<![CDATA[Mahmul Siregar]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The Financial Services Authority is expected to minimize the risks that may arise through regulating and overseeing activities in the banking sector, at least reminding the need for careful risk handling, even if it is necessary to prohibit banks from engaging in certain activities that tend to invite high risk to bank health the crisis on the financial system and banks is expected to detect early on the root of bank problems in assessing the soundness of banks, so as to better reflect the condition of the bank. The formulation of the problem in the thesis research is how the authority of the Financial Services Authority in granting licenses for the establishment of the bank. How is the institutional relationship between the Financial Services Authority and Bank Indonesia related to the Bank's soundness. How is the authority of the Financial Services Authority in overseeing the Bank Soundness.The type of research used is normative law and the nature of the research is descriptive. Data used are primary and secondary data, consisting of primary, secondary, and tertiary legal materials. Techniques and data collection tools were conducted by library study and field study by conducting interviews. Data analysis was done by qualitative analysis method.Under Article 7 of the Financial Services Authority Act, the Financial Services Authority declares that the Financial Services Authority has the authority to regulate and supervise the Bank's institutions which include licensing for establishment of a bank. In this Coordination Protocol as a forum for reconciliation between the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation in a coordination forum called the Financial System Stability Committee (KSSK). Coordination in this committee is made if it is not possible to handle banking problems by the Financial Services Authority in relation to the settlement and handling of a failed bank that is suspected to have a systemic impact. The Financial Services Authority also requires the controlling shareholders or investors to increase the capital of the Systemic Bank and be able to convert the type of debt or investment to increase the capital of the systemic bank if faced with potential crisis. Keywords: Authority, Financial Services Authority, Supervision, Bank Health Level.]]>
<![CDATA[PEMAAFAN OLEH KORBAN DAN/ATAU KELUARGA KORBAN TERHADAP PELAKU TINDAK PIDANA DITINJAU DARI HUKUM PIDANA ISLAM DAN RUU KUHP SEBAGAI PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN ]]>
<![CDATA[Suplinta Ginting]]>;
<![CDATA[Alvi Syahrin]]>;
<![CDATA[Madiasa Ablisar]]>;
<![CDATA[Muhammad Ekaputra]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The role of a victim and/ or victim’s family in a penal court is merely a witness, they are never involved to determine how long a charge or sentence is handed down to the Perpetrator. A victim and/ or victim’s family often feel unjust that creates disbelief in the law. The results of the research show that forgiveness is recognized in Islamic Law as it is regulated in the Koran and Hadiths of The Prophet Mohammed; while in Indonesian Law, forgiveness is a part of the customary law and is stipulated in the Bill of the Penal Law Article 55 paragraph (1) letter j. Forgiveness is given in order to insure justice, legal certainty, to uphold the dignity and pride of the victim and/ or the victim’s family, to liberated the Perpetrator from guilt and to settle the conflict between the Perpetrator and the victim and/ or victim’s family. The formulation of forgiveness in the Islamic Penal Law can reduce and even can discharge the Perpetrator from the sentence, except in hudud crime (offenses against God); while in the Bill of the Penal Law, formulation of forgiveness is merely something to be considered by the judge in handing down a verdict. Keywords: Forgiveness, Victim and/ or victim’s family, Islamic Penal Law, Bill of the Penal Law.]]>
<![CDATA[ANALISIS HUKUM PENGUASAAN TANAH BEKAS HGU OLEH PETANI PENGGARAP (STUDI PENGUASAAN TANAH BEKAS HGU PT.PERKEBUNAN NUSANTARA II OLEH KELOMPOK TANI BERJUANG MURNI DESA MARINDAL 1) ]]>
<![CDATA[Saddam Hussein]]>;
<![CDATA[Syafruddin Kalo]]>;
<![CDATA[Hasim Purba]]>;
<![CDATA[Edy Ikhsan]]>
<![CDATA[ USU LAW JOURNAL Vol 6, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Sumatera Utara ]]>
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<![CDATA[ABSTRACT The polemic against access to the distribution of land since the colonial era until now has not found the light of many already the regulations of the Constitution and the MPR TAP until the following rules governing the ownership, designation and management of land. Sometimes the law looks like it is unfair to the peasants, but if it is to be said the law has been arranged in such a way as to ensure legal certainty and legal justice. The problem lies in the state institutions that do not quickly see the problem of land as the case of the former HGU PTPN II area which in fact the land must be linked to the implementation of Landreform in Indonesia.The rights to work on the land have not been clearly written like other rights in the Basic Agrarian Law, but can be interpreted and found in some UUPA Articles and in other laws related to the implementation of land reform, on State lands designated as The object of redistribution is first given "permission to work" before being increased its right to property rights. The lands that are the object of redistribution in the framework of land reform implementation, as specified in PP no. 224 of 1961 which amended by PP 41 of 1964. After the lands are designated as objects of redistribution, the Bupati as the official in charge of implementing land reform in the regency area issues the license to work on the redistribution recipients as determined by Keppres 55/1980 and Kep.MDN No.38 1981. Permit to apply is granted For a maximum period of 2 (two) years and to tenants shall be obliged to pay to the State equal to one third of the harvest or money worth of it. The chronology of the struggle of this purely struggling peasant group began in 2000 which after expiration of the period of the Right to Use Business PT. Perkebunan Nusantara II Marendal Garden I community ran the land by cultivating to increase the daily necessities of life due to the monetary crisis that befell their family life at that time, so with such conditions that Village Head Marendal 1 (Surya Ratsin) and Pataksak Head (Nasbul Siregar) issued and issued Land Acquisition Letter (SKT) on former Land Usage (HGU) land of PTPN II Marendal Village 1, for example: SKT number 592.1 / 4086-3- issued by Village Head and based on information Submitted by the Head of Village and Camat that a part of the above mentioned land will be issued Certificate (SKT) from the sub-district number 592.1 / 408603. Keywords : Hak Guna Usaha, Garapan Rights Society , PTPN II]]>
