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ANALISIS YURIDIS TERHADAP KERJASAMA PEMBANGUNAN INFRASTRUKTUR MELALUI POLA PUBLIC PRIVATE PARTNERSHIP (PPP) Eric Tanaka; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The Indonesia Government can only meet 30% of infrastructure development fund that is needed, which are around 1.433 Trillion Rupiah from 4.796 Trillion Rupiah. Which means, there is a shortage of funding which the Indonesia Government is targeting around 36% of its infrastructure development fund us expected to be achieved by using of the one of the alternative funding sources and that is Public Private Partnership (PPP) which can be done which a private business entities in the country or foreign, state-owned enterprises or even union. PPP is not only expected to meet the shortage of funds, but it is also expected to provide knowledge and experience in development, operation, and management of the adequate infrastructure. However, in practice, PPP still encounters many hindrance. The technocratic work of PPP has not been fully able of penetrating the national infrastructure market and industry, and has not effectively overcome the hindrance in terms of regulation, institution and financing. This theses uses descriptive normative legal research, which prioritized primary data in the form of primary, secondary, and tertiary legal materials. This study refers to the main legal material by examining the theorises, concepts, legal principles, and legislation related to this research. The result show that law construction of PPP in Indonesia is generally regulated in Presidential Regulation 38/2015 concerning Government Cooperation with Business Entitites in Provision of Infrastructure in which regulate the types of infrastructure that are allowed to be built through the PPP. Generally, PPP financing scheme in Indonesia uses BOT concession contracts, which Government is obliged to provide land that are needed for infrastructure development and private parties who will spend funds to build the infrastructure. In case of dispute in the PPP agreement, the dispute resolution process will be conducted through mediation, conciliation, and arbitration. Keyword: Public Private Partnership (PPP), Build Operate Transfer (BOT).

ANALISIS YURIDIS TINDAK PIDANA CYBERCRIME DALAM PERBUATAN PIDANA PENCEMARAN NAMA BAIK DITINJAU DARI UNDANG-UNDANG NO. 8 TAHUN 2011 TENTANG INFORMASI TRANSAKSI DAN ELEKTRONIK DAN HUKUM PIDANA Abdurrahman Harit’s Ketaren; Syafruddin Kalo; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract This internet development is indeed extraordinary. The rapid development of Internet technology has also spawned new crimes in the field, such as the crime of data manipulation, espionage, sabotage, provocation, deprivation, hacking, software theft and hardware damage, defamation, cyberbullying and various other things. Then the title of this research is "Legal Analysis of Cybercrime Crimes in Defamation in the Name of the Law Number". 8 of 2011 on Transactional and Electronic Information and Criminal Law " The applied research method is a normative legal research method. Data sources can be derived from primary legal material, legal material and tertiary legal material. Data collection techniques are literature studies (library research). The analytical method is a method of qualitative analysis On the basis of my investigations, it is known that the elements of criminal libel are contained in the Criminal Code, namely Articles 310 and 27 (3) of Law No 8 of 2011 on Information and Electronic Transactions, the elements of which are contained in the Criminal Code Items. Rules on defamation offenses can be found in KUHP Article 310 or in the laws outside the KUHP, namely 11 of 2008 on Information and Electronic Transactions (UU ITE) Article 27 (3) before the Law on Transaction and Electronic Information No In 2011, a legal vacuum came up, in which the criminal slander was only regulated by the Criminal Code because of this vacancy, and the Electronic Transaction Information Act was formed to provide legal certainty in defamation in electronic media. Decision Analysis No. 384 / Pid.Sus / 2015 / PN. Mtr, the decision did not agree with the results of this study. Keywords: slander, cyber crime

TINJAUAN YURIDIS TERHADAP KEWENANGAN KPK DALAM PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA KORUPSI Muhammad Ilham; Syafruddin Kalo; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The criminal act of corruption is an extraordinary crime so that Indonesia forms a KPK given a special task to eradicate corruption. After the KPK was formed, Indonesia had 3 (three) institutions tasked with eradicating corruption, namely the Police, the Attorney General's Office and the KPK. The authority of the Corruption Eradication Commission in conducting investigations and prosecutions of corruption crimes is different from other institutions so that this study discusses the authority of the Corruption Eradication Commission in conducting investigations and combating corruption. This study discusses 3 problem formulations, namely (1) the form of KPK's authority on investigating cases of corruption in law enforcement; (2) the form of KPK's prosecution authority in an effort to tackle criminal acts of corruption; (3) the efforts of the KPK in tackling corruption. The results of this study indicate that (1) the authority of the Corruption Eradication Commission on investigating corruption cases comes from the Criminal Procedure Code and Corruption Law where the Criminal Procedure Code is lex generalis and the Corruption Act is lex specialis and the Corruption Eradication Commission Law which is sub-specialist (2) the authority of the Corruption Eradication Commission against prosecution of criminal cases corruption comes from the KUHAP, the Corruption Act, the Prosecutor's Law and the KPK Law. In this case, the authority of the Criminal Procedure Code is lex generalis, the investigative authority in the Corruption Act is lex specialis compared to the Criminal Procedure Code, and the KPK Law is lex specialis compared to the Corruption Law; (c) Efforts to tackle criminal acts of corruption are carried out by the KPK by carrying out (a) prevention efforts; (b) Enforcement efforts in the form of investigation, investigation and prosecution of corruption committed by the KPK, coordination and supervision with the Police and the Attorney General's Office to conduct investigations, coordination and supervision with the Prosecutor's Office to prosecute corruption; (c) Efforts to monitor state administration. Keywords: Prosecutor's Office, Police, KPK, investigation, prosecution

AKIBAT HUKUM TERHADAP KREDITUR SEPARATIS DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 67/PUU-XI 2013 Fatimah Islamy Nasution; Budiman Ginting; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The decision of Constitutional Court No. 67 / PUU-XI / 2013 which has been issued granted article 95 chapter 4 specified in the Indonesia Labour law to minimum wages, causing the position of the separatist creditor in the process of fixing and ordering Boedel bankruptcy changed that the previous division of separatist creditors' Boedel bankruptcy property of having the privilege to be the first part.The rule has resulted in the Court's decision of the precedence to transfer it to the power as a preferred creditor. The situation has a legal effect on the parties involved in managing and securing assets bankruptcy. The research that will be described in this thesis: How the position of Separatist Creditors before the decision of Constitutional Court, What is the legal effect to the separatist creditor after the decision of Constitutional Court number 67 / PUU XI / 2013, How is the application in handling and securing against the separatist creditor after the decision of Constitutional Court number 67 / PUU-XI / 2013. The research is conducted to explain and analyze the legal effect of the separatist creditor in the management and disposition of the property bankruptcy after the decision of Constitutional Court number 67 / PUU-XI / 2013. The results indicate the issuance of the decision of Supreme Court number 67 / PUU-XI / 2013, The legal consequences of the separatist Creditor after the decision of Constitutional Court in the fulfillment of its rights no longer precedence as has been done, that is the decision of Constitutional Court when a bankruptcy takes place whereas the fulfillment of its right is a separatist Creditor as the party that lends the capital.However the position of the separatist Creditor after the decision of Constitutional Court who initially came to be shifted to the workers because in the event of bankruptcy is often the most disadvantaged party to the laborer as in addition to its weak position in the bankruptcy process is also very dependent on the salary life earned from companies that bankrupt where the company is, the position of Separatist creditors who were formerly higher than the recent minimum wages.The conclusion is to get their payments receivable as wages; a worker has the right to predate a secured creditor. Keywords: bankruptcy, separatist creditors, workers' wages.

PEMIDANAAN PELAKU USAHA DAN/ATAU KEGIATAN TANPA IZIN LINGKUNGAN (STUDI PENYIDIKAN DIWILAYAH HUKUM POLRESTABES MEDAN) Prastiyo Triwibowo; Alvi Syahrin; Syamsul Arifin; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Implementation of criminalization through mechanism of criminal justice system so as to criminalize business actors and / or activities that are naughty proven to carry out business and / or activity without being equipped with environmental permit which has been obliged in accordance with the law. One of the instruments in an effort to prevent the occurrence of pollution and environmental damage is the environmental permit, as stipulated in Article 1 Number 35 of Law Number 32 Year 2009 on Environmental Protection and Management which further regulated in Government Regulation Number 27 Year 2012 on Environmental Permit. With the existence of Law Number 32 Year 2009 0n Environmental Protection and Management has obliged buiness actors who are required Amdal and UKL-UPL shall have environmental permit. The enforcement of environmental permits in accordance with Government Regulation Number 27 of 2012 likens environmental documents before this Government Regulation as an environmental permit and after this Government Regulation shall be an environmental license. As one of the problems in this research is how the legal arrangement of business actors and / or activities related to environmental permit. The method of research to be conducted in this thesis is normative juridical research. This study was conducted to examine previous studies on legal principles regarding criminalization related to environmental permits. Based on the description above can be concluded that legal arrangements related to environmental permit are contained in article 1 point 35 UUPPLH and article 1 PP. No. 27/2007 concerning environmental permit is a license granted to any person conducting business and/or activity of Amdal or UKL-UPL obligatory in the framework of environmental protection and management as a prerequisite to obtain business license and/or activity. Keywords: Punishment, Environmental Permit, Business actor or activity.

PERAN OTORITAS JASA KEUANGAN DALAM PERMOHONAN KEPAILITAN PERUSAHAAN ASURANSI (ANALISIS PUTUSANNOMOR 1016 K/PDT.SUS-PAILIT/2016) Sari Rezeki Indra; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Article 50 of Law No. 40 of 2014 on R.I No. 40 of 2014 concerning insurance, a request for bankruptcy statement against an insurance company, an Islamic insurance company, a reinsurance company or an Islamic reinsurance company pursuant to a law submitted by the Financial Services Authority. The problem is the regulation of the role of the Financial Services Authority in the insurance bankruptcy application, the role of the Financial Services Authority in the insurance bankruptcy application and the legal consequences arising if the insurer is declared bankrupt (Case Study Decision Number 1016 K/Pdt.Sus-Bankrupt /2016). The method is normative legal research. The data source is secondary data. An important data analysis in a framework study provides an answer to the problem studied. The conclusion is a request for bankruptcy statement against insurance companies, sharia insurance companies, reinsurance companies or sharia reinsurance companies only submitted by the Financial Services Authority. The centralized system of regulation and supervision of financial services and financing including the filing of bankruptcy statements of financial services and financing institutions including insurance companies essentially aims to ensure the interests of all parties in order to create a stable economic system through the financial services sector and insurance company financing. Legal consequences arise if the insurance company declared bankruptcy resulted in the entire property of the debtor bankrupt in the public confiscation so that the debtor bankruptcy loses his right in civilian control and take care of his wealth including bankruptcy property, since the date of decision of bankruptcy statement is pronounced. Keywords: Bankruptcy, Insurance Company, Authority Of Financial Services.

PERTANGGUNGJAWABAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN DESERSI (Studi Putusan Pengadilan Militer Nomor 198-K/PM I 02/AD/X/2017) Nanang Tomi Sitorus; Madiasa Ablisar; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Desertion is a crime that is specifically done by the military because of a legal fight and are contrary to the law, in particular the military criminal law. Enforcement of military discipline regulations of law discipline soldiers, where the regulations restrict all movement and behavior of soldiers. However, in practice, how strict the rules does not make the TNI soldiers dutifully, even likely to violate. This is still a lot of soldiers of the indonesian military who often unity on each felony desertion. The crime of desertion is common in military life, especially in the region of Kodam I Bukit Barisan, recorded in the year 2016 the number of perpetrators of crimes of desertion was litigated and 36 in the year 2017 totaled 6 things. The crime of desertion that often occur in the region of Kodam I Bukit Barisan are the crimes of desertion in time of peace, where the crime was committed when the country in peace and not in a State of war. The implications of this frequent desertions crime, poses a very significant influence especially against TNI soldiers on duty at the border in urban as well as remote areas, so that these influences can undermine mental and the personality of the TNI soldiers and damaging a military life joints and the image of the air force. The methods used in this research is the juridical normative legal research methods, i.e. a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of primary legal materials from secondary as scientific books, legislation, court decision I-02 Military terrain and data obtained by accessing the internet related to this research. The judicial process against the defendants on behalf of private first class Butar-Butar Suryadi Ahmad was held in a military Court I-02 Field. The process starts from the level of investigation by military police Subdenpom-I/1-4 Range, the submission of case by Danrem-022/PT as an officer of Subsmisson a cases, a military judge advocate (Requisitoir) as a public prosecutor and the judge's Verdict in the trial. The process of the trial is that the defendant is declared guilty of convincing has been conducting a legitimate absence without permission from superiors or desertion in time of peace as provided for in Article 87 paragraph (1) of the 2nd verse junto (2) Book The Act Of Military Criminal Law (KUHPM). Criminal liability against the defendant, by the Military Court judge I-02 Field in the form of criminal sanctions subject matter i.e. imprisonment for 5 (five) months and additional criminal was dismissed from military service. Keywords: Criminal Liability, The Indonesia National Army, Desertion.

PENERAPAN DIVERSI DAN ASAS KEPENTINGAN TERBAIK BAGI ANAK DALAM SISTEM PEMIDANAAN DI WILAYAH HUKUM DELI SERDANG (Studi Penetapan Pengadilan Negeri Lubukpakam No. 8 Pid.Sus-Anak/2017/PN-LBP) Eva Santa R Sitepu; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Determination of the Lubukpakam District Court No. 8 Pid.Sus-Anak/2017/PN-Lbp is one example of the success of diversion at the court level in Lubukpakam. Diversion in the Deli Serdang jurisdiction tends to be successful at the court level compared to the level of investigation and prosecution. This is because the diversion carried out aims to maximize the best interests of the child. Keywords: children, diversity and best interest

ANALISIS YURIDIS MORATORIUM TERHADAP PEMBERIAN REMISI KEPADA NARAPIDANA TINDAK PIDANA KHUSUS Fitria Ramadhani Siregar; Alvi Syahrin; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The birth of Remission Moratorium Policy as outlined in Government Regulation No. 99 of 2012 has limited the remission to convicts who committed extraordinary crimes, the existence of the moratorium policy is considered as a form of fulfilling the sense of justice of the community who feel has been harmed as a result of the actions of prisoners the. However, the existence of the Regulation is subject to various rejections because it is against the legal norms and principles of human rights. Every prisoner of any crime is entitled to remission, since remission is a basic right for every prisoner without exception, and also one of the efforts in realizing the objective of the penitentiary system that is the guidance of the prisoners in the Penitentiary. This research use normative juridical research method, this research is analytical descriptive by using data collecting method by library research (Library Research), that is by examining secondary data in the form of primary law material like regulation of law, scientific books, journal, papers, articles, etc. Field study (Field Research) through interviews with related parties to serve as supporting or complementary data in conducting research. The results of this study indicate that the underlying remission of all inmates is that remission is a basic right for every prisoner listed in Article 14 Letter i Penal Law. The existence of remission as a supporter of the social reintegration process or reestablish good relations between prisoners and the community. The birth of the moratorium policy of granting remission to prisoners of special crime as outlined in Government Regulation no. 99 Year 2012 is based on the realization of a sense of justice for the community. The Birth of the Policy is expected to create a sense of justice for the people who have been affected due to the impact of extraordinary criminal practices in particular the criminal acts of corruption, narcotics and terrorism. Existence The moratorium policy of granting remission as set forth in Government Regulation No. 99 of 2012 is at a discriminatory value. the regulation does not comply with the norms of law and the principles of human rights.The implementation of the Policy of the moratorium on remission as set forth in Article 34A Paragraphs 1, 2 and 3 of Government Regulation No. 99 of 2012 must meet the requirements of willing to cooperate in dismantling the criminal case (Justice Collaborator), has paid the fine and replacement money in accordance with the court decision, and has followed the deradicalization program organized by LAPAS. Keywords: moratorium, remission, prisoners, special crimes

FUNGSI REKAM MEDIK SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI DOKTER YANG MELAKUKAN TINDAKAN MEDIK Ariq Ablisar; Mahmud Mulyadi; Muhammad Ekaputra; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The legal relationship between patients with doctors can occur among other things because the patient himself went to the doctor to help treat the pain he suffered, in circumstances such as this happens the approval of will between the parties, and going legal relationship sourced against the treatment process and the advice given by a physician will be achieved when doctors can hold a reciprocal communication to the patients. A doctor who is willing to listen to the opinions and complaints of the patient, the patient will cause more willing to comply with the process of healing effort so that the aim of the agreement, namely the healing can be achieved. Setting the standard of the medical profession and the standards of health services as well as medical record setting in Indonesia. A doctor can be called have done wrong medical actions, namely does not make medical record when the doctor does not carry out the treatment process in accordance with the standard Procedural Operations (SPO) which has been set up in the education medicine, and when the doctor does not exercise his profession in accordance with KODEKI, UUK, UUPK, UURS, PERMENKES. With relatively minimal understanding of lay society, it is difficult to differentiate between medical risks with malpractice. It is based on that of a cure for the disease is not only based on the actions of health workers, but is also influenced by other factors such as the possibility of complications, durability of the body that are not the same, the compliance in treatment the therapeutic Regimen

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