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ESKALASI DAN FORCE MAJEUR DALAM PERUNDANG - UNDANGAN JASA KONSTRUKSI Herman Brahmana; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Escalation is a legal instrument for the contractor to submit a price adjustment in terms of increasing the cost of implementing the value of the work to the value of the work at the time the contract was agreed to form a multi-year contract unit price. In its application the government through a joint decision of the Minister of Finance and the Minister of Public Works in 2008 and in 2013, imposes an escalation of all the projects that will be or are in the stages of processing due to rising prices of raw materials kontsruksi as the impact of rising fuel. Legislation construction services do not define the limits and the escalation of force majeure. Restrictions state is necessary as a handle to gain a complete understanding of the escalation and force majeure. From these results it can be seen escalation may be filed if the service providers comply with the limits that state, the rising cost of execution of work, increasing the cost of implementing such work can not be predicted by the service provider when the contract was agreed, bound service providers complete the work, and service providers are able to complete work, while the force majeure may be submitted by service providers if they meet the restrictions that state, the incident involuntary service providers, events beyond the ability of service providers to complete the work, due to the events that led to losses for service users. Keywords: escalation, force majeure, construction services.

PELAKSANAAN PEMBERI BANTUAN HUKUM DIKAITKAN DENGAN UNDANG-UNDANG NO. 16 TAHUN 2011 TENTANG BANTUAN HUKUM Iwan Wahyu Pujiarto; Syafruddin Kalo; Mohammad Eka Putra; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal aid is present to provide protection against any person or group of people can not afford, poor and blind law fairly, therefore, the Legal Aid Recipients must understand their legal rights to support the provision of legal aid. Indonesia has been working to provide protection against any person or group of poor people who lodged a lawsuit with the promulgation of the Legal Act Number 16 of 2011 regarding Legal Aid but do not go according to the rules. This manuscript discusses more about the rule of legal aid, Legal Aid legal position in the implementation of Law No. 16 Year 2011 on Legal Aid, and the factors that affect the implementation of the Legal Aid

STRATEGI PENDISIPLINAN KEMBALI UNTUK MENANGGULANGI KESEMRAWUTAN DALAM KEHIDUPAN NASIONAL DEWASA INI Ramses Purba; Muhammad Solly Lubis; Suhaidi Suhaidi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law is a part of the system of national life. Therefore, the law is a device that needs to be reviewed and developed in order to discipline the back (redisciplineering) or curb long-term national scale / area. Its targets are disciplining the working procedures of the relevant authorities so that appropriate and consistent based on two aspects. This is an approach to the discipline of work or task. Discipline back chaos in the system of government in the State of Indonesia is very necessary because of Discipline within the scope are essentially stateless We have not had any practical experience with a new model after the 1945 amendment so weak presidential system. The Government adhered to the legal / state authorities in Indonesia are not in accordance with the basic state and can be assessed pragmatic, because the characters responsive legal products include: reflecting a sense of justice and meet the expectations of society, government / state officials have not met the applicable law in Indonesia, because the legal issues The most frequent and entrenched in this country is the inconsistency of the law enforcement officers of the law and legal regulations and are written clearly in the legislation. Keywords: Strategy, Discipline, National

PERTANGGUNGJAWABAN PIDANA ILLEGAL LOGGING (PEMBALAKAN LIAR) SEBAGAI KEJAHATAN KEHUTANAN BERDASARKAN UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN DAN UNDANG-UNDANG NO. 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN Ramsi Meifati Barus; Alvi Syahrin; Syamsul Arifin; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Continuous destruction of natural forest has caused the decrease in the forest area. The problem of criminal act in forestry, especially illegal logging, is a very complicated problem to be coped with since the criminal act is very serious, well-organized, and has inter-state range. The people’s lack of knowledge in the importance of forest for human benefit and the weakness of law has caused the complexity of any effort to handle illegal logging. Law No. 14/1999 on Forestry has not yet formulated the definition of illegal logging so that it causes multi-interpretation. Besides that, there are many weaknesses in the previous legal provisions which cause the prevention and the eradication become complicated. Therefore, Law No. 18/2013 on the Prevention and the Eradication was established. The result of the research showed that the criminal elements of illegal logging were found in Article 12 points a, b, c, d, e, f, and g, and in Article 19 points a, b, c, d, and f of Law No. 18/2013. Criminal responsibility of the perpetrators of illegal logging individually and corporately, either intentionally or because of negligence has been formulated in Articles 82 up to 85, in Article 94, and in Article 98. The reasons for annulling the criminal act is found in Article 11, paragraph (3) and in Article 13, paragraph (2) of Law No. 18/2013. Keywords: Criminal Responsibility, Illegal Logging

ASAS ULTIMUM REMEDIUM DALAM PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PERPAJAKAN OLEH WAJIB PAJAK Sarah Hasibuan; Madiasa Ablisar; Marlina Marlina; Utari Maharany Barus
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal settlement of tax crime specified in section 44B of Act Number 28 of 2007 on the third amendment to the Law No. 6 of 1983 on General Provisions and Tax Procedures (UUKUP) is the grant of authority by law to the Minister of Finance by reason of the interest of the state revenue, requesting the Attorney General to stop the tax crime investigation process. KUP Law Article 44B shows that the actual application of the criminal law violations are not to be Primum remedium, but more oriented to remedium ultimum. This is stated explicitly, although the infringement lawsuit by the taxpayer has been declared complete, but the Minister of Finance can still ask the Attorney General to stop the investigation due consideration to the interests of state revenue, if it has not been declared complete means the Minister of Finance can be directly ruled Directorate General of Tax to stop it. Keywords: Ultimum Remedium, Tax Crime.

PERBEDAAN ANTARA WANPRESTASI DAN DELIK PENIPUAN DALAM HUBUNGAN PERJANJIAN Sugirhot Marbun; Mahmud Mulyadi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Breach of contract is a true realm of civil law which should not be replaced by blaming someone else who did the breach of contract under criminal law but it must be based on the civil law.The offense of fraud should not be blamed on someone who did it for acts of breach of contract because it is the domain of criminal law. But in the court practice, a dilemma in law enforcement between which act is included in the category of breach of contract and which act is included in the category of offense of fraud in a contract frequently occur. The characteristic of breach of contract is seen from the negligence of somebody inimplementaing achievement in the good faith. While the element in the offense of fraud is exactly seen from the contrary namely from the element of intent not from the element of negligence. In the court of law, the practice of breach of contract and the offense of fraud. For the characteristics of breach of contract was released by the judge seen from the longstanding trade relationship in good faith. While the characteristics of the oiffense of fraud contained the element of intent in bad faith, benefiting themselves or others, not performing or avoiding obligations, containing the words of lie, and delaying for no obvious reason. Therefore, every individual, the parties or communities in making an agreement, especially police officers, prosecutors, advocates, and judges need to understand the characteristics of the difference between breach of contract and the offense of fraud. In the cases of agreement with the indication of breach of contract, the negligence of debtor in paying his debt must be proven first before the debtor can be accused for having breached a contract. Whilein the cases of agreement with the indication of the offense of fraud, the element of intent in bad faith must be proven first. Keywords: Agreement, Breach of Contract, Offense of Fraud

ANALISIS YURIDIS PERMOHONAN IZIN PENYELENGGARAAN RADIO PADA FREKUENSI 99,5 MEGAHERTZ (PERKARA TATA USAHA NEGARA NOMOR 86/G/2010/PTUN-MEDAN) Tri Kurniawan; Pendastaren Tarigan; Suhaidi Suhaidi; Faisal Akbar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Radio is a means of communication that does not use cable as its medium, but uses electromagnetic waves to transmit voice. The use of radio frequency spectrum in the manner intended, and should not interfere with each other as the nature of the radio frequency spectrum can propagate in any direction without knowing the limits of the country, therefore, its use should require a permit from the Government. Concluded, first, setting the organization of broadcasting about granting permission to use the radio frequency spectrum in Indonesia are required for every person who, either legal entities of government, private and foreign in Indonesia, radio broadcasting must obtain permission from the Government through the MCIT. Secondly, the principles of good governance Government associated with broadcasting license application filed by PT. RPLN are not implemented optimally and wisely, especially the Minister of Communication and Head of the Institute of Radio Frequency Spectrum Monitor Class II Medan. Third, the basic consideration of the judge's decision to cancel the Minister of Communication on radio broadcasting license application filed by PT. RPLN legally well-founded based on a consideration of the principles or the principles of good governance and has in the law normative.

PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PROSES PEMBERIAN IZIN MENDIRIKAN BANGUNAN ( Studi Pada Dinas Tata Ruang dan Tata Bangunan Kota Medan ) Yuke Dwi Hidayati; Pendastaren Tarigan; Budiman Ginting; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The regulation of license found building in Medan arranged in various forms of regulation, ranging from legislation to regulation mayor, as well as a variety of related laws. But this time the legislation has not been implemented explicity. The general principle of good administration is seen as unwritten legal norms that should always be adhered by government. However, the application of the general principle of good administration currently not optimally carried out by Medan’s government, in particular spatial and office building. Presence of building that do not have license found building but sturdy buildings remain standing, which eventually became a problem for Medan’s government, because when the license found building is issued while the certificate does not exist, then the Medan’s government has done unlawful acts. In the otherwise, if Medan’s government does not give the license found building but still left the constraction is tantamount to letting a violation of law. This violates the principle of legal certainty, precision in action and also the principle of public interest. Medan’s government supervision of the implementation of the city government license found building as well as the administrative law to enforce license violation sodium absorption ratio is still unfair. The building with a very large category but have been left standing, while the buildings in the small category but not have done demolotion license. Therefore required the use of up general principle of good administration more firmly in the issuance of license found building and also required the application of strict sanctions and supervision are more optimal.

PENGUATAN FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NO.92/PPU-X/2012) Andryan Andryan; Muhammad Solly Lubis; Suhaidi Suhaidi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Regional Representative Council (DPD) as a new state agency after the 1945 amendment was originally expected to be able to realize the presence of two rooms representation system (bicameral). As an embodiment of the people, the DPD related to the legislative function as stated in the Constitution, 1945. In carrying out its legislative function, the DPD's involvement is limited to the discussion of Level I. In fact, the 1945 allows DPD follow up on the process that takes place in Level II. The Constitutional Court (MK) has strengthened the legislative function of the DPD some previously reduced by Act No.27 of 2009 on MPR, DPR, DPD and DPRD, and Act No. 12 of 2011 on the Establishment of Laws and Regulations. DPD in the legislative function should be viewed as a whole, starting from the submission process to approve a Bill (the Bill). Implications of the decision of the Constitutional Court on strengthening the legislative function of the Regional Representative Council, that DPD is constitutionally have gained in three aspects: first, the authority of DPD in the proposed bill relating to the area; Second, the authority of the Council, who discussed the bill relating to the area; Third, DPD involvement in the preparation of the National Legislation Program. Strengthening the legislative function should be done by rearranging comprehensively legislative function in the system of government, with the fifth amendment of the 1945 Constitution is to establish a system of checks and balances in the representation of the people in the way that the doctrine of popular sovereignty. Keywords: DPD, Legislation, and System of Representatives

PENJATUHAN SANKSI PIDANA TERHADAP ANAK PELAKU KEJAHATAN Pranggi Siagian; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sanctions provided judges against juvenile offenders is in the form of sanctions measures and sanctions in prison, but within 30 (thirty) decision of the district court examined, the judges are more likely to sanction a prison, whereas criminal sanctions contrary to Child Protection Law. Of 30 (thirty) cases studied judge gives legal considerations through legal facts, facts trial, judgment based on a minimum of two (2) valid evidence, along with confidence, asking the opinion of the Board of Corrections and parents of children , and takes into account aggravating elements as a result of the defendant and the defendant relieve elements. The basic consideration in decisions to judges of juvenile offenders see in terms of the elements of the article have been met and other considerations is that such action can cause public unrest, as well as the obligations of judges in the decision to consider a report on the research community and the opinion of parents, as well as facts law and the facts in the trial are revealed, plus juridical considerations, this will give an overview to for the judge to make a decision that is fair.

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Location Kota medan, Sumatera utara INDONESIA

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Contact Name
-

Contact Email
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Phone
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Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA