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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 6, No 2 (2018)" : 15 Documents clear
PEMBAGIAN HARTA BERSAMA KARENA PERCERAIAN BAGI MASYARAKAT ADAT BATAK TOBA (Studi Kasus Terhadap Putusan-Putusan di Pengadilan Negeri Pematangsiantar Antara Tahun 2011-2016) Cristina Natalia Tarigan; Rosnidar Sembiring; Utary Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Marriage under Article 1 of Law No. 1 of 1974 concerning Marriage of the inner birth bond between a man and a woman as husband and wife in order to form a happy and eternal family or household based on the One Supreme Godhead. One of the causes of marriage breakup is due to divorce. Divorce is the breaking up of a legal marriage before a court Judge. The consequences of the breaking of marriage will cause various problems that is against the child, the status of husband and wife, and to marital property. Article 37 of Law No. 1 of 1974 concerning Marriage when marriage is terminated due to a divorce, joint property is regulated according to their respective laws (religious law, customary law and court rulings). Speaking of marriage, divorce, sharing of common property and death is inseparable from the religious rules and customary rules for indigenous Batak Toba people. The classification of the distribution of common property in Batak Toba community registered in Pematangsiantar District Court Year 2011-2016 there are two decisions. The formulation of the problem in the thesis research is how the division of joint property due to divorce under the Act No.1 of 1974 on Marriage and based on customary law of Batak Toba. How is the application of Law No.1 of 1974 about Marriage to Toba Batak custom law related with division of joint property because divorce. What is the legal judgment made by the Judge of the decisions on the distribution of joint property due to a divorce in the Pematangsiantar District Court. The type of research in preparing the thesis is an empirical or sociological juridical research method. The nature of the thesis research is descriptive analytical. The results of the study when using the Law No. 1 of 1974 on Marriage regulate in Article 37 stating that if marriage is terminated due to divorce, property is regulated according to their respective laws (religious law, customary law, court decision). The division of joint property is then valued in amounts to be divided in half to the parties, referring to Article 128 of the Civil Code. The establishment of Law No. 1 of 1974 on Marriage gives effect based on the application of Marriage Law which is based on husband and wife position in marriage with shared shared property. The basis of judges' consideration is based on Articles 35, 36 and 37 of Law No. 1 of 1974 concerning Marriage of joint property shall act in agreement of both parties. Suggested in the distribution of common property for indigenous Toba Batak people in case of prior dispute with non litigation or custom lane. If it can not resolve it customarily then it can pass through litigation lane in State Pengadlilan in order to obtain equal distribution.   Keywords: Marriage, Divorce, Division of Joint Property, Judge's Decision, Customary Law of Batak Toba.
PERANAN JAKSA TERKAIT ASAS DOMINUS LITIS BERDASARKAN SISTEM PERADILAN PIDANA DI INDONESIA Johannes Pasaribu; Alvi Syahrin; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The existence of the authority of prosecutors in Indonesia in prosecution is closely related to the principle of dominus litis. In accordance with the principle of dominus litis, the determination and control of prosecution policy is only in one hand, namely the prosecutor's office. Prosecutors conduct investigations only in connection with certain crimes. This leads to the need to review the authority of the prosecutor on the investigation and prosecution in the Indonesian Criminal Justice System linked to the dominus litis principle. Regarding the formulation of the regulation of the authority of the prosecutor at the stage of investigation and prosecution as an attempt to renew the criminal procedure law in Indonesia is associated with the dominus litis principle.   Keywords: Prosecutor, Dominus Litis, And Prosecution
ANALISIS YURIDIS TERHADAP PELAKSANAAN REKLAMASI PULAU G JAKARTA UTARA (STUDI PUTUSAN NOMOR: 193/G/LH/2015/PTUN-JKT) Ivana Novrinda Rambe; Suhaidi Suhaidi; Syamsul Arifin; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One development which is closely related to living environment is Reclamation. It is a development effort and/ or activity to reclaim land at the river bank or seashore. It is stipulated in the Presidential Regulation No. 122/2012 on Reclamation at the Coastal Areas, the Law No. 27/2007 on the Management of Coastal Areas and Small Islands in conjunction with the Law No. 1/2014 on the Management of Coastal Areas and Small Islands and Article 34 paragraph (1). The reclaimed areas are used for agriculture, housing, industry, shopping center or business, and tourism resorts. This has led reclamation to be permitted. However, there are some problems arising in the establishment license of reclamation; namely the Decree of Governor No. 2238/2014 dated December 23, which is the license for reclamation of Pulau G in Teluk Jakarta. It is resisted by some elements of the society because it has caused them some loss. It resulted in a claim against the ruling to the State Administrative Court in the Decree No.193/G/LH/2015/PTUN-JKT.   Keywords : Reclamation, Environment, G Island North Jakarta.
PENERAPAN DIVERSI OLEH HAKIM DALAM MENDAMAIKAN ANAK PELAKU DAN KORBAN TINDAK PIDANA PENCURIAN (Studi di Pengadilan Negeri Medan) Roland Tampubolon; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Medan District Court has dealt with 165 juvenile criminal cases in the last two years, 2015 and 2016, and 91 of the cases are dealt with theft done by children. The data from Medan District Court show that theft by minors is the most frequently found cases handled by the judge in Medan District Court in the last two years; more than half of all cases, which are mostly pronounced a sentence by the judge. That there are many cases of diversion failure in Medan District Court indicates that there is diversion failure in police or judiciary level. This condition has encouraged the author to bring up the title “The Implementation Of Diversion By Judge To Juvenile Thefts And Victims Of Theft Crime (A Study At Medan District Court).” Keywords: Theft Crime, Diversion
TANGGUNG JAWAB DIREKSI ATAS LAPORAN KEUANGAN PERUSAHAAN PUBLIK Rumata Rosininta Sianya; Bismar Nasution; Ningrum Natasya Sirait; Sunarmi Sunarmi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One of the organs of a company is Board of Directors that are fully responsible for the management, interest, and goals of a company and representing the company either in or outside of court of law (persona standi in judicio). Public company with applies the principle of transparency requiring the Board of Directors to periodically provide a financial report to Badan Pengawas Pasar Modal (Bapepam) as regulated in the Regulation of Bapepam No. VIII.G.7. Board of Directors of Public Company are required to issue a Letter of Responsibility of Board of Directors for the Financial Report signed by President Director and Financial Director. If an information /material fact inflicting loss to the third party is found in the financial report, according to Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7, the Board of Directors of Public Company is jointly and severally reponsible for the injured parties. Therefore, the writer is interested in doing a study entitled “The Responsibility of Board of Directors for the Financial report of Public Company”. The criteria determining whether or not the Board of Directors made an offense in terms of signing a statement stating the responsibility of Board of Directors for the financial report inflicting loss to the party outside of the company can be seen from the substance of the financial report whether or not it was made under good faith and full of responsibility for the proper purpose of the company, whether or not the Board of Directors had applied the standard of care that they were avoided from negligence that can inflicting loss to other parties, whether or not the Board of Directors had been beyond their authority, not only to what is prohibited in the statutes of the company but also to the existing regulations or public order (ultra vires), and whether or not the Board of Directors made their business decision based on rational basis. The form of the responsibility of the Board of Directors for the financial report according to the Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7 in the case of incorrect or misleading information/material fact inflicting loss to other parties was a joint responsibility off all members of the Board of Directors of the public company because whether or not the substance of the letter of statement of the Board of Directors related to the financial report was correct, was binding and become juridical responsibility of all members of the Board of Directors of public company, considering that President Director and Financial Director signing the financial report acted for and on behalf of the company as long as the principles of duty of care, good faith and rational basis in drafting and preparing the financial report were applied by the President Director and Financial Director, all of the members of the Board of Directors are required to have a joint responsibility for the loss inflicted to the third party. Keywords: Responsibility, Financial Report, Public Company

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