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TINDAK PIDANA MENYURUH MEMASUKKAN KETERANGAN PALSU DALAM AKTE OTENTIK (STUDI PUTUSAN NOMOR : 1545/PID.B/2012 PN. MEDAN. JO PUTUSAN NOMOR :39/PID/2013/PT.MEDAN.) Themis Simaremare; Muhammad Hamdan; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Article 266th - first paragraph of the Criminal Code, about "people who were told to do". Case on 4th March, 2008 at Tulung Agung office, the witness, Eveline Sago bought land from Octo Berman Simanjuntak in Mandailing Natal, North Sumatra at price USD. 6,000,000,000. The High Court of Medan convict the defendant to imprisonment for 1 (one) year and 6 (six) months confinement, specify the period of detention has been done by the defendant deducted entirely of imprisonment imposed, ordered defendant was arrested to jail break for eight months, and ordered the evidence to be returned to the Octo Berman Simanjuntak. This research also discuss about normative law ( normative juridical). And the characteristic is perspective analysis with “statute” and “analytical” approaches to analysis the case. The results of this research contains : (a) The wearing of act (b) Fake letter and forged letters, (c) Using of subjective element (d) Actions (e) Objects (f) Authentic deed (g) the truth (h) cause harm ( Article 263rd and 266th ). Keywords: Crime, Entering False Information, Authentic Deed

ANALISIS HUKUM TERHADAP STANDARISASI LINGKUNGAN DALAM PERDAGANGAN INTERNASIONAL (ECOLABELL) Riadhi Alhayyan; Syamsul Arifin; Jelly Leviza; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Environmental standards important to get the attention of the national legal system . Legal arrangement of standardization environment ( eco-labeling ) is not specifically fit but still refers to the standardization of the environment that the fit within the framework of WTO agreements that have been ratified in Law No. 7 of 1994 in this case related to the environmental aspects of the Agreement on Technical barriers to Trade and the agreement on the Application of Sanitary and Phytosanitary Measures ( SPS ). Standardization of the environment within the framework of WTO trade agreements in the context of his position, the main purpose of the GATT / WTO is free trade. GATT / WTO is not an environmental protection agency and does not have a mandate on the environment, only in this case to prevent barriers to trade (TBT), which can lead to the dreaded proteknisme and trade discrimination, the WTO stipulates that environmental aspects should be included in the terms of trade, but of competence for coordination policy in this field is restricted trade policies, and therefore the framework of WTO trade agreement is not the proper forum to resolve environmental problems due to shortage of neutrality of this institution to balance trade and environmental policy. Standardize the application of WTO environment in an atmosphere of national law as it has been ratified by the Indonesian government with Law No. 7 of 1994 regarding TBT especially concerning standardization in member countries to reiterate that in this case Indonesia was required to adjust the rules and regulations perudang national regulation in the field of standardization. This agreement recognizes that the Member States in this regard should not be prevented Indonesia issued a regulation and establishes a minimum standard level to safeguard and environmental management in its application should not be any element of discrimination and should not create unnecessary obstacles to trade. Indonesia currently has Ekolable Indonesian Institute which is based on a single commitment that the sustainability of the environment. Keywords : Standardization , the environment , international trade

TANGGGUNG JAWAB PENGURUS TERHADAP AKTA PENDIRIAN/ANGGARAN DASAR YAYASAN SETELAH BERLAKU UU YAYASAN DAN PP NOMOR 63 TAHUN 2008 TENTANG PELAKSANA UU YAYASAN Syahrul Sitorus; Runtung Runtung; Suhaidi Suhaidi; Keizerina Devi Azwar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted. Keywords: Foundation, Management Responsibility, Memorandum of Association/ Statutes, Property, Government

PERTANGGUNGJAWABAN PIDANA BADAN USAHA BERBENTUK CV (COMMANDITAIRE VENNOOTSCHAP) DALAM PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Abdul Aziz Alsa; Ningrum Natasya Sirait; Mahmul Siregar; Muhammad Hamdan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Commanditaire Vennootschap (CV) is an uncorporated business entity as a perpetrators of enviromental crime is obliged to mantain the function of the enviroment and manage the pollutions or enviromental damages. Pollutions or enviromental damages caused by an economical contents and will be increase as the progress of economical. It is a duty of every person to mantain the functions of the enviroment and manages the pollutions or enviromental damages.The responsibility of an uncorporate business entity to enviromental protection and management may be convicted to the business entity , and also those who govern the enviromental crimes and people who lead the offense. The uncorporate responsibility in enviromental crime may be convicted to the association and to the agents that consist by general partner and limited partner on a duty that caused a pollutions and enviromental damages. Keyword: Responsibility, Corporate, Commanditaire Vennootschap, CV, Enviromental Protection and Management.

PERLINDUNGAN HUKUM BAGI PASIEN PENGGUNA JAMKESMAS DALAM PELAYANAN KESEHATAN DI RSUD DR. RM. DJOELHAM BINJAI TERKAIT BERLAKUNYA BPJS DI BIDANG KESEHATAN Elmas Dwi Ainsyiyah; Suhaidi Suhaidi; Utary Maharani Barus; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement. Keywords: Health Care Service, Legal Protection, Jamkesmas

PERTANGGUNG JAWABAN BPJS KETENAGAKERJAAN TERHADAP PENYELENGGARAAN JAMINAN SOSIAL BAGI PESERTA EKS JAMSOSTEK Muhammad Febriansyah Putra; Budiman Ginting; Hasim Purba; Utary Maharany Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Social Security Law and the Law BPJS give meaning of the word "transformation" as a change in the form of BUMN Persero which organizes social security programs, a BPJS. Changes in body shape significantly change the characteristics of social security as an adjustment to change the philosophy of the organization of the social security program. Changes characteristic means a change of the legal entity that includes the establishment, scope of work and authority of the body which in turn is followed by changes in the organizational structure, working procedures and organizational culture. BUMN Persero social security consists of PT. (Persero) Askes, PT. (Persero) ASABRI, PT. (Persero) Jamsostek, PT. (Persero) TASPEN. Privaat fourth is a legal entity established pursuant to Law No. 19 of 2003 on SOE governance and subject to the provisions stipulated in Law No. 40 Year 2007 regarding Limited Liability Company. SOE transformation Persero be BPJS aims to fulfill the mandate of the funding principle and the principle of non-profit SJSN, where the funds collected by BPJS is a trust fund managed by BPJS participants to provide maximum benefit for the participants. Key Words : Accountability BPJS Employment; Implementation of Social Insurance; Former Participants of Jamsostek.

STATUS HUKUM KEBERADAAN ASET BEKAS MILIK ASING/TIONGHOA (ABMA/T) DI PROVINSI SUMATERA UTARA Jusak Tarigan; Bismar Nasution; Faisal Akbar Nasution; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal provisions regulate the management of the State assets in Articles 23, 23A, 23B, 23C, and 23D of the 1945 Constitution which includes APBN (State Budget), Tax, and other Revenues. Law No. 17/2003 and Law No. 1/2004 which regulate State finance that includes all right and obligation of the State can be valued by money, including all kinds of money and goods, including all goods bought or obtained by APBN/D or come from other legal sources. The legal status of ABMA/T owned by individuals (third party) and the certificate has been obtained from BPN do not guarantee that it is absolute although land registration is intended to guarantee legal certainty. In this case, the principles of negative, recent, and formal and material truth are used. The obstacles found by the team are as follows: assets are not found, the third party has obtained certificate from BPN, difference in area, shift in function, the team is not professional, lack of proactive, asset is in remote place, claim from the third party, and the problem with compensation. Keywords: Developing Legal Status, ABMA/T, Assistance Team, State Assets/ State Financial, DJKN Sumut

HUBUNGAN HUKUM PENGELOLAAN WAKAF ANTARA NAZHIR DAN BADAN WAKAF INDONESIA PROVINSI SUMATERA UTARA TERHADAP TANAH WAKAF YANG BELUM TERDAFTAR (Studi di Kota Medan) Syaddan Dintara Lubis; Muhammad Yamin Lubis; Utary Maharany Barus; Rosnidar Sembiring
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRAK Of 1,242 parcels of wakaf land in Medan, 663 of them have been certified and 393 have not, and 186 of them were in the process in the National Land Board and several of them have not been registered which will possibly cause dispute. Wakaf is expected to be able to improve people’s welfare, especially Moslems. Therefore, it is necessary to keep the assets of registered and unregistered wakaf land. The problems of the research were as follows: first, how about the correlation between Nazir and BWI (Indonesian Wakaf Board) of North Sumatera, related to the management of unregistered wakaf land in Medan; secondly, how about the obstacles faced by Nazir and BWI of North Sumatera in managing unregistered wakaf land; and thirdly, how about the role BWI in controlling the management of unregistered wakaf land in Medan. Keywords: Nazir, Indonesian Wakaf Board, Management of Wakaf Land

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PENGGUNAAN GAS ELPIJI TIGA KG DITINJAU DARI UU NO. 8 TAHUN 1999 (STUDI PADA MASYARAKAT KOTA MEDAN) Ali Umar Harahap; Tan Kamello; Suhaidi Suhaidi; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Nowadays, people begin to shift from the use of kerosene to 3 kg elpiji (liquid natural gas) gas, and the government provides and distributes 3 kg elpiji to the people. In this case, the government is expected to maintain the quality of the product because it becomes the most important thing for consumers’ safety. If consumers’ right as stipulated in Law on Consumer Protection is not fulfilled, they have the right to file a complaint about the responsibility of PT. Pertamina for their loss in using 3 kg elpiji gas. The result of the research showed that why consumers’ right were not fulfilled was because of their lack of knowledge, education, and intensity and their indifference/apathy in using 3 kg elpiji gas, in handling its danger, and in consumer protection. This fact was supported by their lack of knowledge of how to handle its possible danger. They ignored the security in using 3 kg elpiji gas because they still used devices from conversion program. Article 19 of Law No 8/1999 on Consumer Protection states that business people are responsible for the compensation on damage, disgrace, and financial loss of consumers because of consuming produced or sold goods and services. The settlement of dispute between both parties is through the Court and settlement outside the Court is through BPSK (Consumer Dispute Settlement Board). Keywords: Consumer Protection, Dispute Settlement

ANALISIS HUKUM PENGGABUNGAN PERKARA KORUPSI DAN MONEY LAUNDERING DALAM SISTEM PERADILAN DI INDONESIA Chandra Purnama; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In Indonesia has been increasingly widespread practice of corruption and even to all aspects of life, both at central and local levels. Corruption is referred to as a crime against humanity because it has resulted in poverty and misery of the people. Corruption practices often followed by the Money Laundering Practice, money laundering practices today are very often carried out on the money earned from the evil of corruption. Corruption with Money Laundering has a relationship or association which is very fundamental. It can clearly be seen in article 2, paragraph 1 of Law - Law No. 8 of 2010 on the prevention and eradication of money laundering. In the Act itself known with a term called "predicate offenses" (predicate crime). The results showed that the effective way to make the process of proving the corruption as predicate money laundering Crime Crime is by incorporating (concursus) an indictment, because in addition to looking for financial losses caused by the state Anti-Corruption, Public Prosecutor should also be able to prove that assets - assets and property owned by the defendant obtained by using the proceeds of the Corruption, which is done in various ways which are elements of the Crime of money Laundering, it is intended to provide a more deterrent effect to the defendant. Keywords : Corruption, Money Laundering, Concursus

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA