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PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN EKSPLOITASI SEKSUAL DALAM PERNIKAHAN DINI (STUDI PUTUSAN MAHKAMAH AGUNG INDONESIA NOMOR 690K/PID.SUS/2010) Dewi Ervina Suryani; Madiasa Ablisar; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sexual exploitation of children is a serious violation of Human Rights. Handling of this problem is being the main destination countries in the world including Indonesia. Child marriage is one of sexual exploitation crimes againts children, specially to the girls. It has increased year by year. Decision of court with Number 690K/PID.SUS/2010 is one of sexual exploitation of children in the marriage. Based on the survey results revealed that the settings on the prohibition of sexual exploitation in the early marriage is not expressly regulated in the law, but the actions are prohibited. Judge's decision not to accommodate the implementation of the protection of children who are victims of sexual exploitation in the early marriage, because it is concentrated to criminal punishment only. Recommended to the government to immediately assess, formulate, and implement policies abolition of child marriages below the age of criminal sanctions is high, in order to create legal certainty. Revise the Marriage Act by raising the marriage age limit for women. Conduct an education and specialized training to judges on the application of the law of the child, as well as involving them in seminars or forums that discuss the issue of children, in order to create a child protection efforts.

ANALISIS YURIDIS PENANGGULANGAN TINDAK PIDANA PENIPUAN DI BIDANG PASAR MODAL MELALUI PENDEKATAN SISTEM PERADILAN PIDANA (CRIMINAL JUSTICE SYSTEM) Aloysius Supriyadi; Bismar Nasution; Sunarmi Sunarmi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The category of criminal act in capital market is divided into two types: crime and transgression. Fraud in capital market is a crime. This category is different from the other criminal acts because it has its specific characteristics. It is specifically misleading information, viewed from the activity of capital market which is related to tender and stock exchange, stock companies, and institutions and professions which deal with stock market. Fraud in capital market is done by using information or falsified condition so that it will harm a party without having the effect on the manipulated market. Regulation on fraud on material fact in the activity in the stock exchange can be seen in Article 90 of UUPM (Law on Capital Market). Criminal Justice System is used in proactive manner when there is an indication of violation against law on capital market by verifying and/or investigating, based on the report or complaint from capital marketers. Keywords: Fraud in Capital Market, Criminal Justice System

PENERAPAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM UPAYA MENGOPTIMALKAN PENGEMBALIAN KERUGIAN NEGARA (Studi Putusan Mahkamah Agung Nomor: 1605 K/Pid.Sus/2014) Budi Bahreisy; Muhammad Hamdan; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption lately is getting more discussed, either in print, electronic or in seminars, workshops, discussions, and so on. The wealth gained from the crimes of corruption is usually can not directly be used because of the fear nor indicated as money laundering. For it is usually the perpetrators seek to hide the origin of such property by putting them into the banking system (financial system). The issues raised in this thesis is the relationship between corruption and money laundering and how the implementation of the law of money laundering in the eradication of corruption in the Supreme Court ruling No. 1605K / Pid.Sus / 2014. The method used in this thesis is a normative juridical research methods which is descriptive analysis using primary legal materials, secondary, and tertiary that will be analyzed qualitatively. The results showed that the Corruption and money laundering has a very close relationship. It can be clearly viewed in Pasal 2 (1) of UU No. 8 of 2010. Application of the law of money laundering in the eradication of corruption in the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 the District Court apply the UU No. 8 of 2010 to the corruption case, which is 5 years in prison, fines, recompense, and seizing the assets owned by the defendant from criminal act. At the level of the High Court, judges only fix the decision of Medan District Court that the verdict only increase the imprisonment of the accused for 6 (six) years in prison and on appeal judges only replace imprisonment to 6 (six) months if the fines is not paid by the defendant and replace imprisonment for two (2) years if the defendant can not pay the compensation. From the analysis of the case against the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 in consideration from the judge, element can be harm state finance and economies which is based on results of calculations performed by BPKP North Sumatra province, it can be argued Judge Corruption Court in Medan not guided by UU No. 17 of 2003 regarding State Finance,UU No. 1 of 2004 concerning the state treasury, and the UU No. 15 of 2004 on Management and State Financial Responsibility very clearly gives the BPK in determining financial loss countries / regions. Keyword : Money Laundering, Corruption, State Financial

PERTANGGUNGJAWABAN PIDANA PENYALAHGUNAAN KARTU KREDIT OLEH PENGGUNA KARTU KREDIT Desy Kartika Caronina Sitepu; Syafruddin Kalo; Madiasa Ablisar; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The presence of banks in Indonesia have a very important role in national development, especially economic development. The form of the criminalization lead to banking crime is a form of criminal offenses in the field of banking. Criminal acts which appear in the use of the credit card fraud, theft, and forgery. Type of research is that normative legal research using appropriate legal norms or criminal liability relating to the offense of credit card abuse. To see criminal responsibility in the crime of credit card misuse by the user either forgery, theft and fraud to be seen of the elements of accountability that is the criminal responsible, an error and there is no excuse. In the consideration of the judge in ruling on credit card users who commit criminal acts of credit card misuse at three District Court No. 8 / Pid.B/ 2011/ PN.Ung, District Court Decision No. 2156 /Pid.B /2013/PN.Sby, and Court Decisions No. 119 / Pid.B/ 2013/ PN.Jkt. Sel the judges consider that all three cases have met the elements of the crime of misuse of credit cards be it in the form of fraud, theft, and forgery against credit card charges made in accordance with the perpetrators. Keywords : Crimal Liability, misuse of credit cards, credit card users

TINDAK PIDANA PENELANTARAN RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (Studi Putusan Mahkamah Agung Nomor 467K/Pid.Sus/2013) Fitriani Fitriani; Mahmud Mulyadi; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal cat on neglecting a family is the fourth violence in Law No. 23/2004. Law on PKDRT does not provide systematic qualification about an action which is categorized as the act of neglecting. Today, imprisonment is considered the moist effective way to cope with the incidence of criminal act.The result of the research showed that criminal act of neglecting a family included not provide life for the family such as not supporting his children financially and not taking care of the family, especially when the family members were sick, not taking responsibility for the family members like economic neglect prohibiting them to get jobs, not fulfilling his obligation like taking something without the knowledge and the approval of the owner, and taking by force and/or manipulating the family members’ property. Imprisonment or fine is not appropriate imposed on the perpetrator who has neglected his family since it does not mean anything for the victim. He has to compensate the loss. One year imprisonment charged by judex juris judge is considered not appropriate; it seems that the judge did not consider the facts found in the hearing and Article 4, point d of Law of PKDRT Keywords: Criminal Act, Neglecting, Violence in Household

TINDAK PIDANA PENDAFTARAN SERTIFIKAT HAK MILIK NO 70/SIDOMULYO MENGGUNAKAN ALAS HAK/DASAR PALSU NO. 168/3/MT/1979 OLEH BADAN PERTANAHAN NASIONAL (Studi Putusan Nomor : 646/PID/2013/PT.Mdn). Jhon Tyson Pelawi; Syafrudin Kallo; Muhammad Hamdan; Suhaidi Suhaidi
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Some factors which cause criminal act in falsifying land certificates are as follows: the implementation of incorrect law, non-transparent legal enforcement, frail administrative system, the ignorance of the personnel of the National Land Board, people’s lack of knowledge in law, judges’ negligence in the hearing facts and evidence, the involvement of the military personnel in falsifying the certificates, and sanction stipulated in UUPA (Agrarian Law) is too lenient. Government Regulation No. 24/1997 on Land Registration and Article 52 of UUPA on criminal sanction state that perpetrators in land crime, as it is regulated in Article 19 of UUPA, is sentenced to 3 months and fined Rp 10.000, Law Enforcement for perpetrators who have falsified land certificates is regulated in Articles 263 to 266 of the penal code on criminal act of falsifying certificates and Articel 52 of UUPA on criminal sanction on Land Crime. in order to forestall, handle, and settle the conflict on land, old feudalistic, centralistic bureaucratic, authoritative, and repressive paradigm should be changed to populist, democratic, and decentralized paradigm and respect for human rights. Keywords: Criminal Act, Registering Debenture, Based on Legal Basis

ANALISIS YURIDIS PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE INTERNASIONAL (Studi Kasus: Putusan Mahkamah Agung Nomor 808 K/Pdt.Sus/2011 Dalam Perkara Antara PT. Direct Vision Melawan Astro Group Malaysia) Junandar Indra Tongam Panggabean; Suhaidi Suhaidi; Jelly Leviza; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT PT. Direct Vision applied a request for rejecting the execution on the Rulings of SIAC in 2010 because of the violation against public order. However, the Central Jakarta District Court and the Supreme Court refused the request for rejecting the execution on the ruling of SIAC in 2010 in Indonesia. Legal provision which regulates the rejection for the execution on the International Arbitration decision according to UUA, APS, and new York 1958 convention permits that the request can be filed to the Court in the petitioner’s country, but the cancelation can only be filed in the country where the decision is made. The main reason for the panel of judges to refuse the request for execution on SIAC decisions in 2010 was because PT. Ayunda Prima Mitra simultaneously filed a complaint about illegal action in the South Jakarta District Court against Astro Group Malaysia. It is recommended that UUA and APS should set the period of the International Arbitration registration, the reasons for rejecting the execution on the International Arbitration Decisions should not be mixed with the reasons for rejecting and canceling, and PT. Direct Vision should wait for the decision to execute from the South Jakarta District Court. Keywords: International Arbitration, Public Order

RESTORATIVE JUSTICE SEBAGAI PEMBAHARUAN SISTEM PERADILAN PIDANA BERDASARKAN UU NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Lidya Rahmadani Hasibuan; Muhammad Hamdan; Marlina Marlina; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Formation basis of Restorative Justice’s concept in Indonesia originated from a variety of tribal customary law. As customary of Minangkabau, Mandailing, Toraja, Bali and others have done this concept known as the consensus agreement. Restorative Justice’s concept is also known in 1970 in Canada. Restorative Justice’s concept implemented in Article 7 of Law Number 11 of 2012 by using the Diversion way. Potencies are available when applying Restorative Justice’s concept is the Institutional and Professionals of Law Enforcement Officer substantively has been guaranteed in the Law Number 11 of 2012 added many people who support the implementation of Restorative Justice’s concept in Juvenile Justice System in the foreseeable future. Constraints that will be faced by law enforcement officer is the human resources who have not been able to fulfill what is mandated by law Number 11 of 2012, namely the existence of a Judge, Prosecutor and police for child which is a must in every agencies. Inadequate infrastructure in every law enforcement officer agencies is also an obstacle for the future implementation of the Restorative Justice’s concept, and the legal culture of society that many complained by law enforcement officer that can be complicate the implementation of Restorative Justice’s concept in the Juvenile Justice System. Keywords:RestorativeJustice,Juvenile Justice System, Law Enforcement Officer

PRINSIP KEHATI-HATIAN DALAM BISNIS KARTU KREDIT PADA PT. BANK NEGARA INDONESIA SENTRA BISNIS KARTU MEDAN Liza Bayduri Nasution; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Credit card is one of products issued by banks. In credit card processing should be precautionary principles in order to the using of credit card does not emerge, which cause the loss foward the banks issuing credit card and the card holders. The problem of this study, such as How does PT.BNI Card Business Centre apply the precautionary principles in accordance of the internal rules of credit card business handling? What are the form of violation of the precautionary principles in the credit card busines activities? How does the accounttability related to credit card business and the accomplishment of problem loans? Precautionary principles are applied in the credit card application process. The terms of the precautionary principle violation in credit card business activities may accur the time of the documents of the card applicant are not actually checked. In case of violation of precautionary principles occured by internal party the officer,concerned,sould be responsible for the violation. Keywords: Prudential Principle, Credit Card, Banking Regulation

ASAS ITIKAD BAIK DALAM PERJANJIAN PENDAHULUAN (VOOR OVEREENKOMST) PADA PERJANJIAN PENGIKATAN JUAL BELI RUMAH (STUDI PUTUSAN PENGADILAN NEGERI SIMALUNGUN NO 37/PDT/PLW/2012/SIM) Novalia Arnita Simamora; Tan Kamello; Rosnidar Sembiring; Jelly Leviza
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT PPJB (purchase contract) on housing is a preliminary agreement (voor overeenkomst) between a seller and a potential buyer as it is stipulated in Article 42, paragraph 1 of Law No. 1/2011 on Housing and Residence and in Kemenpera (the Decree of the Minister of Low-Cost Housing) No. 9/1995 which become the basis for PPJB as the preliminary agreement. Even though PPJB is consensual, it is made by paying attention to good faith principle as it is stipulated in Article 1338, paragraph 3 of the Civil Code. The party with good faith is given legal protection as it is stipulated in the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 251k/sip/1958. Therefore, this thesis attempted to analyze the legal consequence of PPJB made by PT Surya C in the perspectives of good faith and legal protection for potential buyers who had good faith. Keywords: Good Faith Principle, Preliminary Agreement, PPJB (Purchase Contract) in Housing

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Kota medan,

Sumatera utara

INDONESIA