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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
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Articles 17 Documents
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Search results for , issue "Vol 7, No 4 (2019)" : 17 Documents clear
Analisis Hukum Terhadap Restrukturisasi Badan Usaha Milik Negara (BUMN) Sektor Minyak Dan Bumi Putri Ayu Pratiwi; Ningrum Natasya Sirait; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The state established a SOE to seek natural wealth for the people's welfare. There are two Sector SOE of Oil and Gas namely PT Pertamina and PT PGN. In an effort to boost the performance of SOE, the Government has restructured the synergy of similar BUMN. The Government established Oil and Gas SOE Holding through Government regulation number 6 of 2018 concerning Addition of capital participation into PT Pertamina share capital. Through the Government Regulation, making Pertamina as the parent company of SOE oil and gas, PGN as a subsidiary and resulting in the status of the PT PGN Tbk Company (Persero) changing into a limited liability company that fully complies with the limited company Law, PGN is no longer a BUMN. Government regulation number 6 of 2018 as the legal basis for the establishment of the Oil and Gas Holding raises a mismatch of the legal rules between the Company Law and the BUMN Law and the State Finance Law, the State Treasury Law and the Oil and Gas Law which results in legal uncertainty. The absence of legislation governing state-owned holding increasingly makes it unclear in managing BUMN. The transfer of State shares to PGN to Pertamina resulted in PGN being subject to the Company Law. However, in the explanation of Government Regulation Number 72 of 2016, that a subsidiary in this case PGN is equated with a BUMN. Therefore, the provisions of Government Regulation Number 72 of 2016 and Government Regulation Number 6 of 2018 are only to legalize the establishment of Oil and Gas SOE Holding but do not make it absolutely a Limited Liability Company.   Keywords: restructuritation, state own company, oil and gas
Analisis Hukum Penolakan Aksesi Framework Convention On Tobacco Control (FCTC) Terhadap Industri Hasil Tembakau di Indonesia Cahya Wijaya; Ningrum Natasya Sirait; Mahmul Siregar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The tobacco industry becomes a controversial industry. In one side, it have very big role for the national economy, in other hand it has a negative impact on health and environment. To carry out tobacco control efforts WHO issued FCTC. Although  Indonesia is one of the members (drafting committee) in initiating FCTC. However, Indonesia is the only country in the Asia Pacific region that did not signed the FCTC agreement. Therefore, the problem arises, namely how the international movement anti-tobacco campaign was carried out by the FCTC initiator, how is the rejection on the FCTC's accession by Indonesia government, how is the harmonization between legislation regarding tobacco control with the provisions of the FCTC although Indonesia not ratify the FCTC. Based on the results of the study it can be concluded that the anti-tobacco campaign movement was initiated by the FCA, the Bloomberg Initiative, non-governmental organizations and civil society. The international regime approach is used to replace the nicotine consumption pattern with NRT. Rejection of FCTC accession by the Indonesian government due to an interests. One of the interests are interests of state revenue. Although Indonesia did not ratify the FCTC, the Indonesian government adopted and harmonized laws and regulations with the provisions of the FCTC through various regulations including the regulation of advertising, promotion and sponsorship through Law Number 32 of 2002 concerning Broadcasting, Labeling and packaging through minister of health regulation Number 56 of 2017 concerning the pictorial health warning. In addition, the government has formulated a tobacco control roadmap.   Keywords: accession, tobacco, industry, FCTC
Penyelenggaraan Dana Desa Berdasarkan Prinsip Akuntablitas Dan Transparansi Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa di Kabupaten Langkat Hartina Hartina; Faisal Akbar; Mirza Nasution; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. The implementation of the autonomy of the village led to the needs of a large Fund for each village to manage the Government's village. The construction of the rural area is a mix of development between villages in one district/city in an effort to speed up and improve the quality of service, development and empowerment of village community in the rural area through approach participatory development. Based on background. such research will be analyzed inaugural village Fund, channelling procedure mechanism budget funds from the state budget to the village village and barriers in the system of organizing the village Fund with the object of research done in the County Langkat. The implementation of village funds consists of original village income, Regional Budget and Expenditures (APBD) and State Budget (APBN). The administration of village government affairs which become village authority is funded from the Village Budget (APBDesa), central government assistance, and regional government assistance. Obstacles in the Village Fund Delivery System include the Low Synchronization Between Village and District Level Planning, the amount of Village Fund Allocation (ADD) as a support for government administration operations is still limited, Lack of intensity of Village Fund Allocation (ADD) socialization to the community, Village Government claims difficulties to prepare an Accountability that is in accordance with the specified standards.   Keywords: village development, village fund, local government, state finance
Analisis Yuridis Pemberian Justice Collaborator Pada Pelaku Tindak Pidana Narkotika : Studi di Kejaksaan Negeri Karo Pola Martua Siregar; Madiasa Ablisar; Muhammad Ekaputra; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Disclosure and verification of the perpetrators of narcotics crimes requires the provision of justice collaborators in resolving the narcotics crime. This was done so that law enforcement officials, especially in the Karo District Prosecutor's Office were able to uncover an organized narcotics crime in Tanah Karo. Therefore, it is necessary to examine the need for Justice Collaborators in an effort to uncover the occurrence of certain criminal acts, legal arrangements regarding justice collaborator in Indonesia and the application of justice collaborators to perpetrators of narcotics crimes in the Karo District Prosecutor's Office.   Keywords: narcotics crime, justice collaborator and prosecutor's office
Penentuan Inside Information Dalam Praktek Insider Trading Di Pasar Modal Indonesia : Studi Perbandingan Dengan Perkara Texas Gulf Sulphur di Amerika Serikat Ilham Rohjadina; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Capital markets are seen as one way to accelerate the development of a country. The capital market is a business sector trading in securities such as stocks, stock and bond certificates. With the capital market companies will be easier to obtain funds, so that economic activities in various sectors can be increased. However, in the world of capital markets one of the problems faced is about insider trading. Insider trading is securities trading carried out by those who are classified as people in companies where securities trading is based on the existence of inside information that is important and contains material facts, where insider trading players expect economic benefits, directly or indirectly. The problems raised in this thesis are how to regulate the law and determine the inside information in the practice of insider trading in the Indonesian capital market with a comparative study on the case of Texas Gulf Sulfur in the United States. Based on these studies, the determination of insider trading in the case of Texas Gulf Sulfur in the United States is done by applying the theory of possibility. The foundation of the United States capital market law is contained in Rule 10b-5 concerning antifraud on the Securities and Exchange Act of 1934. Every transaction on the capital market gets protection and threats from Rule 10b-5. While the regulations governing insider trading in Indonesia are found in Articles 95, 96, 97 and 98 of Law No. 8 of 1995 concerning the Capital Market. According to these regulations, the qualifications of people in the capital market are listed companies or public companies and other companies that conduct transactions with the issuer or public company concerned. Insider trading is a practice done by a company (corporate insider) on stock trading by using information that contains material facts that it has and UUPM prohibits corporate insider.   Keywords: capital market, insider trading, inside information
Badan Usaha Milik Negara (BUMN) Sebagai Termohon Pailit Dalam Kaitan Dengan Undang Undang Republik Indonesia Nomor 1 Tahun 2004 Tentang Perbendaharaan Negara Agnest Elga Margareth; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Business competitiveness today requires BUMN to be competitive with domestic and foreign private businesses. It has to innovate its products in order to be accepted by consumers and it has to have big capital to do it. Since the government does not always provide capital, BUMN has to borrow it from the third party. When it cannot pay off his debt, it has to file bankruptcy to the Court. The overlapping regulations on BUMN bankruptcy makes the third party difficult to dun the loan. The research problems are how about the legal consequence of BUMN bankruptcy on  State’s finance and on confiscation of BUMN assets according to Law No. 1/2004 on State Treasury which is in accordance with the theory of State welfare and the theory of legal entity from the aspect of purposeful wealth. The research used juridical normative with prescriptive and applied legal provision approach, using primary, secondary, tertiary legal materials. The data were analyzed qualitatively. The legal consequence of filing bankruptcy of BUMN, according to Law on State Finance, is that the State is responsible for the debt of BUMN because the State’s wealth and BUMN assets are inseparable. Confiscation can only be done on BUMN assets obtained from the State’s wealth which are sepparated, but it cannot be done on the State’s assets which are managed by BUMN because it is not in accordance with Law on BUMN, Law on State Finance, and Law onj State Treasury. This condition makes creditors difficult in filing bankruptcy and doing confiscation on BUMN which defaults.   Keywords: BUMN, bankruptcy, state finance, state treasury
Itsbat Nikah Bagi Pasangan Suami Istri yang Menikah Sirri Setelah Berlakunya Kompilasi Hukum Islam (KHI) : Studi di PA Medan Tahun 2016 – 2018 Mesdi Tanjung; Hasballah Thaib; Utari Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Marriage Confirmation is a process of confirming a husband and a wife who have done sirri (unregistered) marriage. Its purpose is to obtain marriage certificate for marriage legitimating according to Article 2, paragraphs 1 and 2 of Law No. 1/1974. Basically, its implementation is intended for certain thing as stipulated in paragraphs 1, 2, and 3 of KHI (Compilation of the Islamic Laws). The research problems were how about 1) the procedure of lodging confirmation of marriage for sirri marriage, 2) judge’s consideration in handing down a verdict on the doers of sirri marriage, and 3) the legal consequence of judge’s verdict on sirri marriage in the Religious Court, Medan. The result of the research shows that the procedure of marriage confirmation is filed to the Religious Court in five steps: registering it to the Religious Court in Medan, giving the court a cash advance for the cost of lawsuit, waiting for summon for the court session, attending the hearing, and court’s verdict. The judge’s consideration in handing down the verdict is 1) in the legal ground of lodging confirmation of marriage to the Medan Religious Court whether the applicants have legal ground as specified in Article 7, paragraph 4 of KHI, 2) evidence and legal fact, 3) testimony of witnesses and evidence in the court session, 4) reasons for lodging marriage confirmation, 5) its benefit, 6) since it is traditional in some communities, and 7) it is found in Article 7, paragraph 3, letter (e) of KHI: a marriage of those who have no marriage prohibition according to Law No. 1/1974. This Article is used by the judge in the Medan Religious   Court to accept the marriage confirmation.               The legal consequence of the court’s verdict in accepting marriage confirmation for sirri marriage is 1) viewed from legality, viewed from the aspect of lodging the request for marriage confirmation, and 3) viewed from the aspect of legal standing.   Keywords: marriage confirmation, judge, religious court

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