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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 19 Documents
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Search results for , issue "Vol 7, No 7 (2019)" : 19 Documents clear
Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Cabul Studi Putusan Pengadilan Negeri Sungguminasa No.8/Pid.Sus-Anak/2017/PN.Sgm Vinamya Audina Marpaung; Madiasa Ablisar; Marlina Marlina; Edi Yunara
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Children are the next generation of generation and successors of existing development struggles. Children are the mandate as well as the gift of God Almighty that we always have to guard because in him the dignity, dignity and rights as human beings must be upheld. Child rights are part of human rights contained in the 1945 Constitution and the United Nations Convention on the Rights of the Child. Criminal acts of sexual abuse committed by children in the Sungguminasa District Court No.8 / Pid.Sus-Anak / 2017 / PN.Sgm. Stating the child above, has been proven legally and convincingly guilty of committing a criminal act "intentionally persuading the child to commit an obscene act" as a single charge of the public prosecutor. Dropping the criminal offense to a child is therefore a prison sentence of 1 (one) year and 8 (eight) months and job training in LPKA (Child Development Special Institution) Class II B in Maros, for 6 (six) months. This research uses normative research method is research that examines the principles or principles of law, legal systematics, the level of vertical and horizontal synchronization, comparison of law, and legal history, positive legal norms, principles, principles, and doctrines -doctrine law. The nature of this research is descriptive and prescription. In addition to describing or describing the subject and the motorcycle taxi as well as an analysis of the problems that have been formulated. Provide legal arguments, then make an assessment (perscription) regarding right or wrong or how it should be according to law against facts or legal events. Legal protection for child offenders starting from the stages of investigation, prosecution, trial and arriving at child care in LPKA must be carried out in accordance with the provisions of the legislation. In the implementation of children's rights as perpetrators of obscene crimes, children have the right to enjoy all their rights in accordance with the provisions contained.   Keywords: child protection, child criminal actor, obscene.
Penal Policy to Children As Recidivists Reviewed From Law No. 35/2014 On Child Protection : A Study On Surakarta District Court Ruling No.02/Pid.Sus.Anak/2014/PN.Skt. Erwin Pangihutan Situmeang; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Penal system for children today still does not provide justice for them. It is grounded on the Penal Code, Law Number 11/2012 on Child Criminal Justice System (hereinforth is referred to as UU SPA), and Law Number 35/2014 on child protection which implementation is not yet maximum to secure children’s rights and future as either the perpetrators or victims.. The policy to children to prevent recidivists is made by 2 (two) ways; namely penal policy and non-penal policy. Penal policy is the policy made based on best legal formulation for children, either from the Law maker, law enforcer, or law abiding society. Non-penal policy that is more preventive to social effects and imprisonment, is the last effort for children as recidivists. The ruling Number 02/PID.Sus.Anak/2014/PN.Skt which punishes the child with the weighting for being a recidivist needs to be reviewed. UU SPA and Law on Child Protection need to revise the punishment for children to be more treating, not torturing. Punishment for children should be made based on double track system stating that imprisonment and treatment sanctions have to be balanced.   Keywords: judge’s ruling, children as recidivists, child protection
Penjatuhan Pidana Bersyarat Dan Pengawasannya Sebagai Alternatif Pemidanaan Zikrul Hakim; Alvi Syahrin; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The UUD 1945 defines that the Republic of Indonesia is a law state in which the efforts to halt the violence are regulated in KUHP. Article 10 of KUHP describes the types of criminal acts in Indonesia. Not only does the law cluster the type of the actions and their punishment, but also there is a system of imposing of other punishment such as probation which is not a sort of criminal acts described in the KUHP but is an alternative sanction in trial proceedings. Probation is still barely imposed by the judges and its implementation is still lack of supervision from the government. This research explains how important is to impose a probation as an alternative sanction, what is the procedure of supervision in probational decision, and what is the policy of criminal law in KUHP bill regarding of probation. The method used in this research is descriptive norm analysis. The research is also supported by the interview of the officials to provide enough data about the result of the research. The result of the research shows that probation is one of very important alternatives for the convicts to improve their behaviour, to avoid sub-culture of imprisonment and over-crowded in rehabilitation centre. The procedure of supervising the behaviour of a person who is put on probation after that person released from the jail is yet to be regulated by the government. This has caused the chaos and uncertainty among the probation officials. They face many obstacles in implementation of the post-probation control. As the result, post-probationcontrolling process is not effectively implemented. The formulation of the parole in KUHP bill should focus on the types of crimes and length of punishment and supervision process, special and general condition for a person who is under official supervision, and the guidelines of implementation of under-surveillance punishment.   Keywords : probation, supervision, alternatives punishment.
Analisis Pelaksanaan Tanggungjawab Sosial Perusahaan (CSR) PT. Toba Pulp Lestari, Tbk di Kabupaten Toba Samosir Ditinjau Dari UU PT. No. 40 Tahun 2007 Ebenezer Simanullang; Bismar Nasution; Muhammad Yamin; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Indonesia, the implementation of corporate social responsibility (CSR) was regulated in Law Number 40 of 2007 about Limited Company which contained in Chapter V Article 74, the further provision about Social and Environmental Responsibility were regulated with Governments Regulation No. 47 of 2012 in Article 4.  The fund which channeled through corporate social responsibility was in the amout of 1% of net sales (Net Sales). The CSR implementation constraint which experienced by PT. Toba Pulp Lestari, Tbk in an internal company manner was in the implementation of social investment (development) program. Likewise, the external constraint which experienced by PT Toba Pulp Lestari, Tbk among others, were the existence of management institution of CD / CSR fund company formed by the Regional Government which previously formed and the result of report after audited "Not Stating Opinion" (Disclaimer). The existence of partly districts which were late in submitting the program and even there are some who never submit the program and the formation of a new district, which result in change in the calculation of the company's CD / CSR fund allocation budget. Uneven the distribution of CD / CSR corporate funds to the society in Toba Samosir District in general. Keywords: corporate social responsibility, PT Toba Pulp Lestari, Tbk
Keputusan Yang Mempengaruhi Wajib Pajak Untuk Mengajukan Sengketa Perpajakan Ke Pengadilan Pajak Mayanti Mandasari Sitorus; Budiman Ginting; Sunarmi Sunarmi; Tengku Keizerina Devi
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. The existence of Tax Court is stipulated in Law No. 14/2002 on Tax Court which has the authority to check and hand down a verdict on tax dispute. Tax which is stipulated legally has coercion because it contains administrative and criminal sanctions imposed on taxpayers who do not report to tax authorities each month. It seems that many taxpayers who avoid their responsibility which bring about dispute between tax authorities and taxpayers.Tax dispute in taxation is a dispute between tax payers or tax guarantor and tax authorities as the result of the verdict which can be appealed to Tax Court according to the Tax Law, including lawsuit on the implementation of billing according to law on tax billing with forced letter. The research used juridical normative referred to legal norms and principles in legal provisions and court’s verdict, This law emphasizes on secondary data by studying and legal principles related to the position of tax court and legal remedy in settling tax dispute.The settlement of tax dispute consists of two kinds: appeal done based on Notice on Objection and lodged lawsuit on another verdict, besides the other objections and the verdicts related to tax billing and some factors which influence taxpayers to file tax dispute to the Tax Court.   Keywords: taxpayers, tax dispute, tax court
Pelaksanaan Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Peningkatan Pendapatan Asli Daerah Di Kota Langsa Safrizal Wahyudi; Muhammad Abduh; Faisal Akbar; Jusmadi Sikumbang
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. The regional authority in collecting taxes and levies is regulated by Law No. 28 of 2009 concerning Regional Taxes and Regional Levies. Based on this law, regions are given the authority to collect 11 types of taxes and 33 types of user fees, with the consideration that these types of taxes and user charges are generally good. This research is used normative legal research method. Normative legal research is research by only processing and using secondary data relating to the issue of "Implementation of the Regional Parliamentary Oversight Function Against Increasing Local Revenue in Langsa City". The type of research used is normative juridical, then the approach taken is the statute approach. The DPRD in general, especially the Langsa City DPRD in carrying out its supervisory function, is expected to truly be able to ensure that the regional government is in the public interest, and must be able to realize the shared goals and interests agreed in the legislation and budgeting process. The aspirations of the community are essentially institutionalized through their representatives in the DPRD, especially in the field of supervision.   Keywords: supervision, enhancement, locally genereted revenue
Kepastian Hukum Dalam Pemungutan Retribusi Parkir Berdasarkan Peraturan Daerah Kota Binjai Nomor 04 Tahun 2011 Tentang Retribusi Jasa Umum Dara Qurratu’ Aini Yusuf; Budiman Ginting; Sunarmi Sunarmi; Mirza Nasution
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. Regional retribution policy is implemented based on principles of democracy, equity, and justice, also on the role of society and accountability regarding regional potentials. The implementation of retribution collection for public service in regional government, particularly in Binjai Municipality, is based on the Regulations of Binjai Municipality No. 4/2011 on Retribution for Public Service. The results of the research demonstrate that the juridical regulations of the retribution collection for parking in Binjai is grounded on the Regional Government Regulations No. 4/2011 stating that it is collected based on the road class and vehicles parked at the public roadside. The higher the road class is and the more wheels the vehicles have, the higher the parking tariff is charged to the retribution payers for the parking service. The retribution collection for parking in Binjai is implemented in accordance with the Regional Government Regulations No. 4/2011 stipulating that the retribution collection for parking at public roadside is performed by parking management, either individually or by company who make a contract with the Technical Implementer of Parking Department as the parking management of Transportation Department in Binjai who gives mandates for parking. The policy issued by Binjai Municipality to overcome the obstacles in determining annual parking target which is too high and unrealistic is by submitting an application for reconsideration of parking target every year.   Keywords: Retribution Collection for Parking, Regional Government Regulation, Binjai
Tindak Pidana Penjebolan Aplikasi Sistem Transportasi Online Ditinjau Dari Undang-Undang Informasi Dan Transaksi Elektronik : Studi Putusan Pengadilan Negeri Medan Nomor 1507/Pid.Sus/2018/Pn.Mdn Fadilah Khoirinnisa Harahap; Madiasa Ablisar; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. Online-based transportation business has spread to various cities in Indonesia, one of them is in the city of Medan. Various cheating modes are carried out by several driver partners, including fictitious orders, using the Fake GPS application to cheat the system, and using additional applications to not take orders without reducing the performance of receiving orders from partners. Based on the above problems, the problems with this thesis are as follows: What is the regulation regarding the crime of breaking into online transportation system applications in the Information and Electronic Transactions Law? How does the evidentiary system relate to the crime of breaking into online transportation system applications? What is the analysis of the judges' consideration of the Medan District Court's decision regarding the criminal offense of the application of the online transportation system? The research method used is normative legal research. The nature of this research is descriptive-analytic with the Legislative Approach (legal approach), case approach. In normative legal research, the data used are secondary data. Secondary data obtained by conducting research on primary legal materials, secondary legal materials, and tertiary legal materials. The criminal act of breaking into an online transportation system application is regulated in Article 30 paragraph (3) of Law Number 19 the Year 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The Negative Proof System is a proof system used under Article 183 of the Criminal Procedure Code which is an attempt to find material truth. The judges decide and convict based on the facts of the trial, the defendant in committing his actions using electronic media as his object, this is in accordance with the elements contained in Article 30 paragraph (3) of the ITE Law, which specifically regulates acts that violate, breakthrough, surpassing, or breaking down the security system, in this case the online transportation system application.   Keywords: criminal acts, inroad to system applications, online transportation
Pertanggungjawaban Pidana Terhadap Anak Sebagai Orang Yang Membantu Melakukan Tindak Pidana Pembunuhan Berencana : Studi Putusan Pengadilan Negeri Siak Nomor 05/Pid.Sus.Anak/2014/Pn.Siak. Jo Putusan Pengadilan Tinggi Pekanbaru Nomor 01/Pid.Sus/Anak/2014/P Immanuel Colia; Madiasa Ablisar; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
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Abstract. Criminal act of premeditated murder is an action intentionally done by one or more persons by initially planning to take other person’s life. The premeditation includes the certain time period in which a person thinks peacefully and makes the decision to take another person’s life. An action can be called a premeditated murder under one condition is that the action has firstly been premeditated (taking one person’s life). Nowadays premeditated murders are not done by adults alone, but in same legal cases, they involve minors to help them. Children in conflict with law are called juvenile criminals, although a child has helped a premeditated murder, he cannot absolutely be held responsible for the crime that he did. It firstly has to be proved whether his action meets the elements of a criminal act pursuant to the articles Stipulated in Penal Code. If his action does not meet the required elements, the child cannot be held responsible. He might have forcibly helped committing the premeditated murder or been influenced by force such as inevitable threats from adults. In other words, a child’s involvement is only used as a tool to carry forward adults’ bad intentions.   Keywords : premeditated murder, children, penal sentence.

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