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PENERAPAN TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE) DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL (CORPORATE SOCIAL RESPONSIBILITY) PADA PT. PERTAMINA EP RANTAU KABUPATEN ACEH TAMIANG Simon Simon; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Implementation of corporate social responsibility by using good governance is done by one of the companies in Indonesia, namely PT. PERTAMINA EP RANTAU Kabupaten Aceh Tamiang. PT. PERTAMINA EP RANTAU Aceh Tamiang District manages business with ethical behavior with regard to people, profit and planet. The location of good corporate governance in the implementation of corporate social responsibility is reflected in the synergy of corporate social responsibility activities that involve the active role of the community and local government in accordance with existing resources and the principles of local wisdom through Social Mapping and Focus Group Discussion in areas that belong to the region work, namely Aceh Tamiang and Langkat districts. Keywords: Corporate Social Responsibility, Good Corporate Governance, and Company

DERIVASI PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT DALAM PEMBERIAN KREDIT YANG DIJAMIN DENGAN GADAI (STUDI PADA PT PEGADAIAN (Persero) KANWIL I MEDAN) Sri Hartati Br. Nadapdap; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Prudential principle needs to be applied at PT Pegadaian (Persero) Kanwil I Medan with the aim of preventing a bad credit as well as maintain public confidence towards the existence of this institution as an institution who give credit that is securedby a pledge. The outline of problems which is found in this thesis are how the application of prudential principe in granting of credit secured by the pledge of, how the effectiveness at the application of prudential principle in reducing bad credit which is secured by pledge and the obstacles which is found at the application of prudential principle at PT Pegadaian (Persero) Kanwil I Medan. Method of this researchhas usedthe juridical normative research methods which are analytical and descriptive. This method used a legislation approached with the technique of data collection was library research, supported by doing interviews to some informants in order to obtain more complete and valid informations. The results of this research showed that in applying prudential principle, PT Pegadaian (Persero) Kanwil I Medan is using several legal regulations such as the financial services authority regulation number 01 of the year 2015 about risk management for non banking finance institutions and a few of regulations issued by the board of directors of PT Pegadaian (Persero). This institutions is also forming an internal unit as a way to apply prudential principle effectively. It also found that prudential principle is absolutely mandatory and enforced to be applied before give loans which is secured by a pledge to people. Keywords : Prudential Principle, Credit, Pawn

ANALISA YURIDIS PERTANGGUNG JAWABAN DIREKSI PADA PENGADAAN BARANG/JASA DI PT. BANK SUMUT (STUDI : PUTUSAN TIPIKOR PENGADILAN NEGERI MEDAN NO. 93/PID.SUS-TPK/2016/PN.MDN. JO. PUTUSAN PENGADILAN TINGGI MEDAN NO. 06/PID.SUS-TPK/2017/PN.MDN.) Muhammad Iqbal; Sunarmi Sunarmi; Budiman Ginting; Faisal Akbar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Board of Directors shall be the management of the company representing the company, both inside and outside the court. The legal norms implied in the provision that all corporate liabilities, both represent and management of the company, are on the shoulders of directors. In accordance with Article 97 paragraph (2) of Law no. 40 of 2007 regarding Limited Liability Company, states that: "The management of the company shall be carried out by every member of the Board of Directors in good faith and full of responsibility". If it is associated with the "Business Judgment Rule" doctrine being taught, the responsibility of the board of directors, the principle of "fiduciary duty". In this study will discuss: Implementation of procurement of goods / services within the Government (L / K / D / I), BUMN / D is associated with the source of funds derived from APBN / D; Legal consequences of directors' liability in the Annual General Meeting of Shareholders of the Company which have been declared acquit et decharge by shareholders; and the accountability of the Board of Directors of PT. Bank of North Sumatra in the procurement of rental vehicles and operational vehicles of PT. Bank Sumut Year 2013 in the Corruption Court's Ruling At the Medan District Court. 93 / Pid.Sus-TPK / 2016 / PN.Mdn. Jo. High Court of Medan Decision. 6 / Pid.Sus-TPK / 2017 / PT.Mdn. Keywords : Accountability of the Board of Directors; PT. Bank Sumut; Procurement of Goods / Services.

PERTANGGUNJAWABAN PIDANA PIMPINAN KORPORASI MULTINASIONAL TERHADAP TINDAK PIDANA DUMPING LIMBAH B3 YANG DILAKUKAN OLEH PERUSAHAAN CABANG Marthin Fransisco Manihuruk; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Subsidiary establishment is a method of big scale corporations to develop their business, either in the country or cross countries. A Multinational corporation is a corporation which subsidiaries lay cross countries. This subsidiary can certainly commit a criminal act, either on purpose or due to negligence. Therefore, legal instrument is required to charge the criminal liability of the Multinational corporation.The research discusses the criminal liability of a Multinational corporation for the criminal act in B3 Dumping (Dangerous and Poisonous Waste Dumping) committed by its subsidiary. Article 60 of the Law No. 32 Year 2009 concerning the Protection and Management of Living Environment forbids everyone to do dumping to a living environment without a license. The objective of the research is to find out the criminal liability of a Multinational corporation observed from the view in which the subsidiary is the leader or the one who has given the order to commit a criminal act in B3 Dumping (Article 116 paragraph 1 of the Law No. 32 Year 2009). The complexity in this corporation problem is that it charges the liability of the Multinational corporation which subsidiary is a legal entity. It is closely related to the fact that the subsidiary is a part of the Multinational corporation, so that any charge of criminal liability cannot be addressed to only the subsidiary when it commits a criminal act. The results show that charging the criminal liability of a Multinational corporation is influenced by some aspects of the one who gives the order or the leader of the activity in committing the criminal act (Article 116 paragraph 1 of the law No. 32 Year 2009) and of the location of the corporation and it subsidiary. In addition, the aspects of nationality or citizenship of each head of corporation and it subsidiary is limited by article 2-9 of KUHP (the Criminal Code) stating that the limitations of the effectiveness of criminal laws will influence one to another. Keywords: Criminal Liability of a Multinational Corporation, Dumping, Subsidiary

KEABSAHAN PENETAPAN STATUS TERSANGKA OLEH PENYIDIK KEPOLISIAN (STUDI PUTUSAN PRAPERADILAN NO. 39/PRA.PID/2016/PN.MDN) Jenggel Nainggolan; Syafruddin Kalo; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Determination of the suspect as a pre-trial object has been widely applied or petitioned. One of them is the determination of suspects against Syahrial Siagian on a report by Muhammad Nurdin Daulay with the Police Report no. LP/359/III/2016/RestaMedan/Sek.Medan The March 30, 2015 where in a summons to Syahrial Siagian (dated 08 April 2016 No. S-Pang/137/IV/2016/RESCRIM) as a suspect for a criminal offense against (Article 335 paragraph 1 of the Criminal Code or the Criminal Code) on Muhammad Nurdin Daulay. Reporting by Muhammad Nurdin Daulay is a form of backlash because it has been reported by Syahrial Siagian's wife Aisha Hasibuan for alleged persecution of her son Adli Dahlan Siagian and alleged defamation of Aisyah Hasibuan (wife) with police report No. LP/227/II/2016/RestaMedan/Sek.Medan The East and the police report No. LP/313/III/2016/RestaMedan/Sek.Medan The East where the above 2 (two) reporting Muhammad Nurdin Daulay has not been designated as a suspect so that the form of treatment conducted by East Sector Police Headquarters through Criminal Investigation and auxiliary investigators is an attempt to criminalize Syahrial Siagian to help Muhammad Nurdin Daulay. Efforts made by the police or not the establishment of Muhammad Nurdin Daulay as 2 (two) reporting and directly set Syahrial Siagian is a form of omission and criminalization against a person. That is, by being designated as a suspect on behalf of Syahrial Siagian then Muhammad Nurdin Daulay has bargaining value or the value of negotiations so that both the Muhammad Nurdin Daulay and Syahrial Siagian both revoke the report that included the East Medan sector policing. Keywords: determination of suspect, pretrial, and justice

PERBUATAN MENGAKU DIRINYA SEBAGAI ORANG LAIN DALAM PEMUNGUTAN SUARA PADA PEMILIHAN UMUM LEGISLATIF (STUDI KASUS: PUTUSAN NOMOR:01/PID.S/2014/P.N.MDN DAN PUTUSAN NOMOR:02/PID.B/2014/P.N.MDN) Fifi Febiola Damanik; Syafruddin Kalo; Muhammad Ekaputra; Mirza Nasution
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Elections are the most important order in any democratic country as the most obvious form of state administration under the rule of law that must be done freely, honestly and fairly based on the sovereignty of the people. One of the most basic forms of elections is the granting of the right or the right choose which is part of Human Rights, which in its implementation rampant misuse of suffrage especially in Medan City. The issues raised in this thesis is how the regulation of the criminal act of legislative elections in Indonesia, how the role of election organizers in the effort to overcome the crime of elections in Medan City and how the application of criminal sanctions against the act of confessing himself as someone else in the voting on 2014 /PN.Mdn and verdict number: 02/Pid.B/2014/PN.Mdn. The research method used is the normative juridical research method descriptive analyst. This study uses the approach of legislation with data collection techniques namely library research supported by interviews to obtain more complete data. The results of the study indicate that the regulation on the criminal act of legislative elections in Indonesia has developed from the provisions that are only regulated in the Criminal Code up to Law Number. 8 of 2012 on General Election of House of Representatives, Regional Representative Council Regional People's Representative Assembly Provincial and Regency / City. The role of election organizers in the effort to overcome the criminal acts of legislative elections lies in integrated law enforcement center through penal facilities against law enforcement under the Bawaslu institution. The application of criminal sanctions against the acts of self-confessed based on two judgments of Medan District Court is considered not in accordance with the value of justice and does not realize the purpose of punishment based on the analysis of judges' ruling. Keywords : Acknowledging Himself as Others, General Election Legislative

KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PORNOGRAFI ANAK PADA DUNIA MAYA Farah Diba Batubara; Alvi Syahrin; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Advances in technology and the characteristics of the internet that is free resulted in the large number of children become victims of child pornography crimes. Child pornography continues to increase every year, even with the existing regulations worldwide including Indonesia still has not been able to reduce or eradicate these crimes. Problems that can be diuarikan IE, please note the development of the criminal offence of child pornography in Indonesia, the implementation of the sanctions for the perpetrators of the crime of child pornography in cyberspace in Indonesia, and the criminal law policy will come against the crime of child pornography in cyberspace in Indonesia. The research method used is the juridical normative with secondary data analyses in the form of primary legal materials and legal materials, skunder comparative juridical review to do a comparison against the setting of child crime in some countries. The data collection method used is the study of librarianship and the method of data analysis used the methods of normative qualitative analysis. Legal developments occur starting from 1946 until 2015, which is experiencing the development of good elements in certain jurisdictions as well as the criminal sanctions imposed on perpetrators of acts of pidananya. However, the current regulations are considered still hasn't been able to catch the perpetrators of child pornography in cyberspace. If seen on the application of the law, the law enforcement of criminal penalty nonetheless is in compliance as exists in laws – an invitation on perpetrators of child pornography. In penal policy that will come then to note is the study of criminal law policy regarding the anniversary of the crime of child pornography and need harmonization and connectivity in the regulations of the CRIMINAL CODE and regulations outside the PENAL CODE. Penal policy, is expected to accommodate international value adaptively adjusted with the values of Pancasila. Keywords: penal policy, child pornography, internet.

PERANAN OTORITAS JASA KEUANGAN DALAM MENGAJUKAN PERMOHONAN PAILIT PERUSAHAAN ASURANSI (Studi Kasus Perusahaan Asuransi PT.Bumi Asih Jaya) Eri Lukmanul Hakim Pulungan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of authority in filing an application for bankruptcy declaration for a centralized insurance company in one institution, namely the Minister of Finance which is then transferred to the Financial Services Authority increasingly makes the problem more complex related to legal protection for its customers. The absence of authority in submitting an application for bankruptcy statement to the insurance company will make the client feel insecure when investing in the insurance company. For insured users (insured or insurance customers), the bankruptcy process of a company is one way of debt collection, in addition to various other means of debt collection known by law, such as billing through a bond, the execution of debt guarantees, or bills through court procedures with ordinary procedures. There is a different interpretation between the law and the judge who decides the bankruptcy case of the company. The judge in his verdict states that the company declared bankrupt must be requested by another person or company concerned or the company that feels aggrieved whereas in the Insurance Insurance Act and the Laws of the Financial Services Authority itself states that the Financial Services Authority is authorized to bankrupt the insurance company as appropriate with the purpose of establishing its own Financial Services Authority to regulate and supervise the activities of financial services in the capital market sector. There is a difference of interpretation between judges and the law. It is important to do research on how the role of Financial Services Authority in applying for insolvency insurance company. Keywords: Financial Services Authority, Insolvency, Insurance Company.

PERAN FASILITATOR DALAM PROSES DIVERSI PADA KASUS ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Mujita Sekedang; Alvi Syahrin; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Nowadays, theft with violence is rapidly increasing, and it highly alarms people. Generally it is committed by adults, but lately it has turned to be committed by children or even minors. Some of their victims are wounded or even killed. Child Criminal Judicial Administration is usually used to handle theft with violence committed by children. It is not merely intended to impose criminal sanctions on children who have committed theft by violence. It is known as the term, ‘diversion’ which is a process of diverting from the process of Judicial Administration. Diversion has to be performed toward children who have committed criminal acts, and it is done through the stage of pre-investigation, investigation, prosecuting, and the stage of Judicial Administration in the District Court. The research used juridical normative and juridical empirical with descriptive analytic methods. The data were gathered by conducting library research and legal documentary study and analyzed qualitatively in which the legal materials were analyzed qualitatively, using deductive and inductive methods so that the conclusion would be accurate and scientifically accounted for. A judge is required to offer to a child perpetrator, and/or his parents/guardian, and the victim to settle the case through diversion. When they do not come to a consensus, the Judge will bring the case to the Court (litigation). When they agree to do diversion, diversion negotiation will be led by the Judge, and when the consensus of opinion occurs, the result has to be presented to the Head of District Court who controls the implementation of the diversion. The role of a facilitator in the process of diversion in the case of a child who commits theft with violence in the Medan District Court is active. In his role, the Judge attempts to ask both parties for negotiation, without litigation, for the sake of the child. Why diversion is not done in the three cases because the Judge who pronounces judgment on the three cases tends to use legal positivism without paying more attention to the interest of the child as the perpetrator of theft criminal act with violence, whereas Law No. 11/2o12 on SPPA confirms that a Judge who pronounces judgment on children is required to emphasize on the interest of children. Keywords: theft with violence, diversion, facilitator.

SISTEM PEMIDANAAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Salman Paris Harahap; Madiasa Ablisar; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Children as criminals must be treated humanely to the best interests of the child to realize growth and provide physical, mental and social. The protection of children is also reflected in the provisions of Article 28 and paragraph (2) of the 1945 Constitution the basic rights of children, that "every child has the right to live, grow and develop and is entitled to protection from violence and discrimination". In the provisions of Law No. 11 of 2012 on the Criminal Justice System Child, that the system of punishment against juvenile offenders under the law is more emphasis on educational punishment for the best interests of the child. Therefore, this paper attempts to examine the criminal system of children as perpetrators of criminal acts in Indonesia and to analyze the criminal system of children according to Law No. 11 of 2012 on the Criminal Justice System Child and criminal system of children according to Islamic law and criminal system that is managed by Act No. 11 of 2012 on the criminal Justice System children in addressing offenses in doingchild.The method used in this research is normative juridical research method with the approach taken is the approach of legislation (statute approach). Legislation approach used for the basic criminal system that is used as the subject of this research is the Law No. 11 Year 2012 on Child Criminal Justice System. It also conducted a comparative approach (comparative approach).The results showed that the criminal system in Indonesia at this time referring to the Law No. 11 of 2012 concerning juvenile justice system that provisions are required in trying to do a restorative justice (restorative justice) and diversion. Child criminal system according to Law No. 11 of 2012 on the Criminal Justice System Child by child criminal system according to Islamic law lies in the concept of criminal responsibility, it can be seen from the constraints of a child is able to take responsibility. Analysis of Law Number 11 Year 2012 on Child Criminal Justice System is a system of punishment is more emphasis on restorative justice. For children as criminals, where the sanction is not the main goal for the criminalization of children because imprisonment is ultimum remedium. Keywords: criminal system, children in conflict with the law, criminal justice system children.

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA