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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
Arjuna Subject : -
Articles 469 Documents
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PERTANGGUNG JAWABAN HUKUM KASIR (TELLER) AKIBAT KELALAIAN DALAM TRANSAKSI KEUANGAN NASABAH (STUDI PADA PT. BNI KCU USU MEDAN) Finita Serena Hutabarat; Sunarmi Sunarmi; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Banking is something which is related to banks, including institutional, business, method, and process of implementing its business. It plays an important role in clients’ financial transaction which is conducted by tellers. In this case, tellers are not without errors which harm the clients, and thus they have to take the responsibility for their errors. USU Main Branch Office of PT Bank Negara Indonesia is one of the branch offices in which the tellers make errors in clients’ financial transaction. The problems of the research were as follows: 1) how about the right and the obligation of tellers in the work contract between tellers and PT Bank Negara Indonesia, 2) how about the errors made by the tellers in conducting clients’ financial transaction at USU Main Branch Office of PT Bank Negara Indonesia, and 3) how about their responsibility for their errors in conducting clients’ financial transaction which harm the clients at USU Main Branch Office of PT Bank Negara Indonesia. Tellers’ responsibility is in the civil case in the form of an amount of money. Here, they have to and are fully responsible for settling the errors by compensating the clients’ nominal damages and the cost which was spent in doing the financial transaction. The obstacle is that when the nominal damage is too big, the tellers cannot afford to compensate it. Therefore, the management of the Bank will take over the responsibility, while the tellers will have sanction imposed on them. It is recommended that “other internal regulations” should be reaffirmed so that it will be obvious and certain which regulations that have to be complied by the tellers, and formless system in cash deposit transaction should be reviewed. Transparent rules of tellers’ responsibility in carrying out their job should be made clearer and the trade union of BNI should be involved in imposing sanction to tellers who make errors. Keywords : Errors, Financial Transaction, Responsibility
BUSINESS JUDGEMENT RULE DIKAITKAN DENGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH DIREKSI BADAN USAHA MILIK NEGARA TERHADAP KEPUTUSAN BISNIS YANG DIAMBIL Frans Affandhi; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT When the SOE Board of Directors took the decision to run the company with the aim of seeking a profit, then the decision that will contain the business implications and legal implications. If it turns out, the decision was made a loss-making state enterprises fail or raised, then the SOE Board of Directors should not be prosecuted by the Anti-Corruption Act. This is because in the business world there are rules Business Judgment Rule (BJR) which regulates the sanctions to the Board of Directors. Such liability can not be sought from the Board of Directors of SOEs if: 1) The loss is not due to error or negligence; 2) It has been doing the maintenance of good faith and prudence for the benefit and in accordance with the purposes and objectives of the company; 3) There is a conflict of interest, either directly or indirectly, for the management of the resulting losses; and 4) have taken action to prevent and arising or continuing losses. Keywords : Business Judgment Rule; Directors of State Own Enterprise; Decision Maker
ANALISIS HUKUM TERHADAP KEBIJAKAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PADA PT. BANK SUMUT Putri Nesia Dahlius; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Corporate Social Responsibility (CSR) is a commitment of a company to participate in the suistainable economic development in order to increase the quality of life and useful environment for the company itself, for the local community, and for the people as a whole. The concept of implementing CSR in Indonesia is regulated under Law No. 40/2007 on Corporation, Law No. 25/2007 on Capital Investment, Law No. 19/2003 on BUMN, Law No. 4/2009 on Mining, Mineral, and Coal, PP (Government Regulation) No. 47/2012 on Social and Environmental Responsibility on Corporation, the Decree of the Supreme Court No. 53/PUU-XI/2008 on Constitutional Advisory of Audit Norm, under Article 74 of Law on Corporation. The result of the research showed that the implementation of CSR in Indonesia is legally obligatory, especially for a corporation, so that it is budgeted as the corporation’s expense. The policy of PT. Bank Sumut in implementing its CSR referred to Law No. 40/2007 on Corporation, PP No. 47.2012, the Decree of RUPS, and the Decree of the Director No. 240/Dir/Setdir/SK/2013 on the Operational Standard Procedure of CSR, in which Bank Sumut used CSR management with partnership pattern by collaborating with the local governmen that determined CSR planning and implementation. Key words : Corporate Social Responsibility (CSR), Law of CSR, Bank Sumut
PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRESTA MEDAN Victor Ziliwu; Syafruddin Kalo; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law on Narcotics and Psychotropic Substances Act mandates an obligation to undergo treatment and the treatment and rehabilitation of drug addicts. The provisions concerning the "obligation" to undergo rehabilitation for users who experience addiction, in the Psychotropic Law stipulated in Article 36 s / d of Article 39 and the Narcotics Act under Article 45. Users of narcotics as criminals and at the same time as the victim, based on Article 103 Narcotics Act, the Supreme Court issued a breakthrough by issuing several circulars, among others: Circular of the Supreme Court (SEMA) No. 07 Year 2009 concerning the Placing to Drug Users In Nursing and Rehabilitation Therapy contained into Letter No. 07 / BUA.6 / HS / SP / III / 2009 dated March 17, 2009 (hereinafter referred to as SEMA No. 07 of 2009); and Circular of the Supreme Court (SEMA) No. 04 Year 2010 concerning the Stipulation of abuse, and to the Narcotic Addict Rehabilitation In the Institute of Medical and Social Rehabilitation (hereinafter referred to as SEMA No. 04 of 2010). As a result of SEMA No. 07 in 2009 and continued with the SEMA No. 04 The year 2010 is associated with criminal law enforcement against drug users as criminals narcotics in Medan Police, the Investigator difficulty determining whether a person is caught red-handed with evidence under SEMA No. 07 The year 2009 belongs to the category of users or addicts. Because both are victims of crime as narcotic crime. The difficulty occurs because many actors are caught with evidence of drugs as defined in the SEMA No.
PERZINAHAN DALAM PRESFEKTIF ISLAM SEBAGAI ALTERNATIF PEMBAHARUAN HUKUM PIDANA TENTANG PERZINAHAN DI INDONESIA Hendri Nauli Rambe; Alvi Syahrin; Muhammad Hasballah Thaib; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Adultery is a criminal act in Indonesia; it is regulated in the Criminal Code as it is stipulated in Chapter XIV on Criminal Act against Morality, and specifically in Article 284 on Adultery. But law on adultery in the Criminal Code is different from that in fiqh finayah in Islam because there is the difference in committing adultery, responsibility, and legal aid for adulterers in the two systems.The result of the research shows that adultery stipulated in the Criminal Code was incorrect since it implies that adultery will impose the sanction only on those who are married and the punishment does not have any cured effect for the perpetrators. On the other hand, the Islamic law will punish those who are married and single and imposes ‘hudud’ for the perpetrators. Indonesia that is based on religion and the majority of its people are Moslems should carry out religious sharia completely. The Islamic law can be used as an alternative for the innovation of the criminal law about adultery in Indonesia that does not respect moral and religion.It is recommended that law makers, especially those who draft the Bill of the Criminal Code on indecent assault, should pay attention and consider religious and cultural values in society, and the Indonesian citizens should give values and understanding about religion in families. Keywords: Adultery, Islamic Law, Innovation of the Criminal Law
TINDAK PIDANA PENIPUAN TERKAIT DENGAN IKLAN PENJUALAN BARANG YANG MERUGIKAN KONSUMEN Julieta Santi Simorangkir; Syafruddin Kalo; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Meet their needs, consumers are faced with various types of products offered by businesses. With the various types of products and freedom for consumers to choose a variety of products offered lead to competition among businesses. Competition among businesses to market products that offer the consumer interest can be done in various ways, one of them promoting products through print media advertisements. Advertising is a tool for businesses to introduce their products to the public in order to influence the tendency for people to use or consume. The problem is, the ad does not always give a true or deceptive information about an advertised product, so that consumers can be harmed by the behavior. If perpetrators of this background can be formulated several problems, namely how the forms of advertising fraud that harm consumers, whether fraud ad meets the elements of a crime, how to determine the criminal liability for those who make advertising the sale of goods that harm consumers in Indonesia based on the Code of Criminal Law and Law 8 of 1999 on Consumer Protection.  Keywords : Ad Fraud, Liability Business Communities Ad, Ad Adverse Consumers.
PENERAPAN NORMA HUKUM PERDAGANGAN ANAK DALAM PUTUSAN PENGADILAN NEGERI MEDAN Juliyani Juliyani; Suhaidi Suhaidi; Tan Kamello; Marlina Marlina
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Children are very vulnerable to be traded. Human trafficking in children is done in organized and non-organized crime, either domestically or internationally. They become absent of freedom and it is not uncommon that they are treated unjustly; they are even enslaved! Therefore, it is necessary to study the regulations on child trafficking, viewed from child protection in the implementation of Law No. 23/2002 on Child Protection and about judge’s attitude in handing down a verdict on the case of child trafficking in the Medan District Court. Keywords: System Implementation, Child and Human Trafficking, District Court’s Verdict
HAK SUARA KREDITOR SEPARATIS DALAM PROSES PENGAJUAN UPAYA PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Kemala Atika Hayati; Tan Kamello; Dedi Harianto; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment, do not allow the sound to be heard in a secure creditor approval peace efforts in bankruptcy unless the separatist creditors to waive his right to be but in the review of the decision of the Supreme Court No. 62 PK/Pdt.Sus/2012 considered it essential to secure creditor voice in decision making peace efforts. This leads to the need to be assessed on the direction of the voting rights in a secure creditor filing approval peace efforts under the Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment. Regarding the position of creditors separatists had no voice in the decision making peace efforts in Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment and the basis of the Supreme Court considers it important to pay attention to the position of creditors voting rights in decision-making separatist peace efforts. Keywords : Bankruptcy, Creditor Voting Rights Separatists, Filing Peace  Efforts.
DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM PERSPEKTIF PEMBARUAN HUKUM ACARA PERDATA INDONESIA Muhammad Iqbal Tarigan; Runtung Runtung; Budiman Ginting; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

Electronic document is considered as evidence in the court’s verdict and in the Verdict of the Denpasar Higher Court No. 150PD/2011.Dps which recognizes email as legal evidence, whereas email is part of electronic document. However, the photograph which is a part of the document is not considered as evidence in the verdict. This is in line with the verdict of the Bondowoso Religious Court No 1537/Pdt.G/2011/PA.Bdw which states that sound record cannot be used as evidence although it is a part of the electronic document. Therefore, it is necessary to analyze the regulations concerning the use of electronic document as evidence in the Indonesian law of civil procedure and the criteria which can make electronic document as evidence in the law of civil procedure according to Law No. 11/2008 on Electronic Information and Transaction and on the Position of Electronic Document as Evidence in the innovation of the Indonesian law of civil procedure. Keywords: Evidence, Electronic Document, Innovation in Law
PENERAPAN KLAUSUL EKSONERASI DAN AKIBAT HUKUMNYA DALAM PERJANJIAN PEMBIAYAAN MUSYARAKAH PADA BANK SYARIAH (Studi Putusan Pengadilan Agama Nomor 967/Pdt.G/2012/PA.Mdn) Nurjannah Nurjannah; Tan Kamello; Hasim Purba; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The implementation of exoneration clause in the judicial viewpoint of the Islamic Contract was contrary to Al-Qur’an, Hadits, and sharia principles like tyrannical aspect which could cause injustice for the parties concerned. Exoneration clause is also contrary to the principles in the Islamic Contract. The legal consequence of the implementation of exoneration clause in the Islamic Contract is a bad contract. In the Civil Code, Law on Consumer Protection, and the Rule of Financial Services Authority is null and void. The implementation of exoneration clause in the statement letter on musyarakah (capital participation) financing contract in the case of the Religious Court Number 967/Pdt.G/2012/PA.Mdn, the judges have applied the law to decide the exoneration clause does not have the binding force on the parties, so that the repayment of the financing is not the responsibility of the heir.   Keywords: Exoneration Clause, Legal Consequence, Musyarakah Financing.

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