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TANGGUNG JAWAB ORANG TUA TERHADAP NAFKAH ANAK PASCA PUTUSAN PERCERAIAN BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Anjani Sipahutar; Tan Kamello; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Responsibility is a readiness to accept an obligation or duty. It means that the responsibility is innate and a part of human life, that every human being has his/her own responsibility, there will be somebody else forces him/her to be responsible. It is clear that if a marriage ends with divorced, parents (their family) are responsible to protect their children from any problem related to the presents world or the hereafter. This study was aimed to answer the problem of how Moslem Indonesian divorced parents were responsible for the living of their children, to look at the judge's decision that required a father to continue his responsibility after his divorced was violated, and to find out whether the law in concrete found in the decision of the judge of religious court had been in accordance with the legal norms regulated in the law. Keywords : Responsibility, Divorce, Child Maintenance

PELAKSANAAN PENGAWASAN WARGA NEGARA ASING DI WILAYAH KERJA KANTOR IMIGRASI KELAS II BELAWAN BERDASARKAN UU NO. 6 TAHUN 2011 TENTANG KEIMIGRASIAN Warhan Wirasto; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Immigration based on article 1 Act number 6 year 2011 is a case history of traffic or people coming out of Indonesia’s territory and surveillance in order to preserve the enforcement of state sovereignty. Immigration have 3 function or in common named “ Tri Function of Immigrastion”, that is community service function, law enforcement function and economic fasilitator function. Indonesian layout area especially Belawan has a strategic location from geografic or trading because close to Singapore and make a lot of factory build in this region so that things have a correlation with the user of skilled people that comes from another country and make a lot of foreign people from another country want to enter and come to Indonesia, which is that foreigner has a goal and different purpose. Immigration policy for that foreigner in 2 (two) approach that is prosperity approach, which is only foreigner that bring benefit for prosperity and wallfare to Indonesian people allowed to entering Indonesia. And then security approach that is give Immigration permit to them that not harm security of country and general order. The problems that faced for surveillance of foreigner system based on Act Number 6 year 2011 in Indonesia teritory especially in Immigration office of class II Belawan region and what that Immigration office of class II Belawan do to foreigner that breaking Immigration rule. The research Methods that used is the juridical normative that is study in konsepsional order from the meaning and the intent from regulation national law that have a correlation with Immigration surveillance and action to the permit of the foreigner who has stay in indonesia and empirical juridical that is seeing the fact that occur in the field, and then connect to regulations now. The setting of surveillance for foreigner in Indonesia have been set up in Immigration act number 6 year 2011 but now the applications in the field esspecially in Imigration class II office of Belawan region have a few barrier and obstacles. Keywords : Supervision, Foreigner, Immigration office of Belawan

ANALISIS YURIDIS TERDAHAP PEMBATALAN PENCABUTAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS PUTUSAN NO. 30/B/2012/PT.TUN.MDN) Misalina Br. Bukit; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT IMB (Building permit) given by Regent and was revoked by the Regent of Deli Serdang District. The Ruling of TUN (State Administrative Court) which was not based on the principle of good governance, the principle of legal certainty and prudence as it is found in the Ruling No. 30/B/2012/PT.TUN.MDN) which harmed the IMB owners and was not in line with the regulation on IMB itself. This Ruling is highly needed to be analyzed. The result of the research showed that judge’s legal consideration which revoked IMB is actually the picture of TUN officials. Their rulings should be in line with the principle of good governance and supported by the fact that IMB owners has complied with the rule in which breaking down a building should be in line with the instruction so that the Ruling of TUN on the revocation of IMB was not correct. It is recommended that judge’s verdict should contain compensation so that it will cause intimidated effect. The TUN officials should be careful and pay attention to the principle of good governance, especially the principle of legal certainty and prudence in giving a ruling of TUN. Keywords: Revocation of Building Permit

KEBIJAKAN FORMULASI HUKUM PIDANA DALAM PENANGANAN TINDAK PIDANA DI BIDANG TINDAKAN MEDIK Sonya Airini Batubara; Mahmud Mulyadi; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Medical personnel looks like doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethies. The use of penal law is penal law policy’s problem. Penal law policy can be seen from functional aspect. There are three steps in penal law processing i.e. formulation, application and execution. Formulation step or known as legislative policy is strategic step because the regulation is being decision. So the research will be conducted to policy formulation of criminal law in the handling of criminal acts in the field of medical treatment. The results of this study are action of medical services as a criminal offense under code of criminal law, code of criminal procedure law, Act No. 29 of 2004 on Practise of Medicine, Act No. 36 of 2009 on Health and Act No. 44 of 2009 on Hospital are actions that meet the elements of the error, the rules regarding the health law is not fully set up explicitly and accomodate issues that arise in this field of health care, and regarding legal protection for victims of crime in the field of medical services performed by imposing sanctions for criminal. Based on this research is suggested for improvement of the education system to the performance of the medical supervision, completion of the rule of law and health law enforcement officers, and revised formulation of legislation in the medical field. Key words: Policy formulation, Criminal law, Medical services.

ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO: 124K/ TUN/2013, TENTANG TERBITNYA IZIN MENDIRIKAN BANGUNAN DI ATAS TANAH YANG MASIH DALAM SENGKETA DI PENGADILAN TATA USAHA NEGARA MEDAN Deliana Simanjuntak; Budiman Ginting; Sunarmi Sunarmi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Building permits rising over disputed land in State Administrative Court Medan. Before the building permit is issued, Plaintiff reported to the local office of spatial and building code field on the status of the land is still in the process of law (debatable), but the Agency for Spatial and building overlook the claimant report, which should Spatial Agency and the building had to postpone publication Building permit because there are reports plaintiff. Then Building permit issuance is not in accordance with the Decree Mayor of Medan No. 34/2002 junto Regional Regulation of Medan No. 5/2012 about Retribution Building permits, Article 13, point (b) Issuance of Building Permit may be delayed if there are complaints about land disputes or no legal proceedings in the building or land, either in written form or orally. The judges made a different decision: Administrative Court of Medan to cancel the building permit, and the State Administrative High Court of Medan supports the decision the Administrative Court of Medan, but the verdict of the Supreme Court rejected the verdict Administrative High Court of Medan rejected the lawsuit and the Plaintiff. The verdict difference need to be analyzed and researched to find the correct legal value. Keywords: Issuance of Building Permit on a Disputed Land

TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PENJATUHAN HUKUMAN BADAN SEBAGAI PENGGANTI DALAM PEMBAYARAN UANG PENGGANTI DALAM PERKARA TINDAK PIDANA KORUPSI Bobbi Sandri; Mahmud Mulyadi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Regulation of punishment is found in other laws. The Penal Code does not limit punishment to the Law No. 31/1999, for example, regulates other punishments such as compensation for the corrupted; the additional punishment is indemnification. This principle is found in some regulations in the Penal Code. Article 38, paragraph 5 states that a defendant dies and evidence has done, the judge orders to confiscate the defendant’s objects. The legal corporal punishment is found in Article 10 of the Penal Code. Judge’s punishment as the compensation for paying indemnity has two reasons: judicial reason and non-judicial reason in the Penal Code. When a defendant case dies before the alternative punishment is implemented, it is regulated in No. 31/1999 jo No. 20/2001 obtained through civil procedure and criminal procedure. Law enforcement, the prosecutor and the judge, should sue and decide to punish the perpetrators in corruption punishment by returning the assets to the State. More specific regulation should be implemented on returning the State’s assets in corruption case when the defendant dies prior to the corporal punishment in the judge’s verdict which is final and binding. Regulation should be carried out in the criminal law and regulate criminal responsibility to the corporal punishment as the compensation. Keywords: Corporal Punishment, Compensation, Corruption Case

ASAS KEPATUTAN DALAM PEMBERIAN GANTI RUGI DAN KOMPENSASI OLEH PT. PERUSAHAAN LISTRIK NEGARA (PERSERO) ATAS TANAH MASYARAKAT (Studi pada Pembangunan Jaringan Kabel Saluran Udara Tegangan Ekstra Tinggi (SUTET) di Kabupaten Langkat dan Kota Binjai) Marasamin Ritonga; Ningrum Natasya Sirait; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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Based on the legal handling on the compensation for the people who were harmed by the construction of SUTET Cable Network which was resulted in the agreement by both parties (PT. PLN (Persero) and the people), followed by the opinion of the District Attorney, it could be concluded that: The principle of compatibility played an important role in determining the achievement and the application of justice and certainty as the responsibility of the stakeholders for their performance and willingness to comply with their agreement. The process of the principle of compatibility through the agreement by reconciliation as the realization of the living custom with transparency and consanguinity could set aside the policy of the Decree of the Minister of Mining and Energy No. 975 K/47/MPE/1999. In maximizing its function and responsibility, PT. PLN (Persero) should admit that economic development is more advanced than the written record. In order not to be long-winded in the concept of compensation, it is necessary to be brave enough in internal improvement in prioritizing the need for justice and the need for legal certainty so that the goal is more prioritized than the procedure in taking the responsibility Keywords: Principle of Compatibility, Compensation, Justice

ANALISIS HUKUM TERHADAP PERLINDUNGAN HUKUM BAGI INVESTOR DARI PRAKTEK WINDOWS DRESSING OLEH EMITEN DI PASAR MODAL Julia Agnetha Br. Barus; Bismar Nasution; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Information disclosure is an important element for the corporate world because information on the substance presents the description, notes or description of good for the State of the past and the latest of an enterprise and the market effect. But in reality, not all issuers disclose information that is actually about the fact material in the prospectus. If there is a breach of the principle of disclosure by issuers then issuers will be subject to administrative sanctions in accordance with Article 102 of The Capital Market Laws, namely in the form of a written warning, fines, namely the obligation to pay a certain sum of money, restrictions on business activities, freezing of business activities, business license revocation, cancellation of agreement and cancellation of registration. is an action that beautify the financial statements of a company. This is referred to as windows dressing. Windows dressings aims to enhance your company's image so as to attract investors to make investments. The practice of dressing the windows in the capital markets can still be said to be a reasonable course of action throughout the activities aimed to improve the company and not to the detriment of others. However, the practice of dressing the windows can be categorized as a criminal offence the capital markets if such activity creates information or issues misleading so as to affect the market mechanism. In the event of the occurrence of the windows dressing, the practice of legal protection afforded to investors could be done in a preventive and repressive. Preventative legal protection carried out by PT. Stock Exchange by doing a temporary suspension against securities trading. While the repressive legal protection carried out by OJK with conducting surveillance, investigation and the imposition of sanctions to any party proven to engage in the practice of cheating or fraud in the capital market. In addition, investors who feel aggrieved may do a lawsuit to the Court against the issuers that have been doing practice windows dressing. Keywords: windows dressing, investors, issuers.

FORMULASI TENTANG PERLINDUNGAN NEGARA TERHADAP ANAK YANG MELAKUKAN KEKERASAN DALAM RUMAH TANGGA (Studi Kasus di Pengadilan Negeri Medan) Syaiful Asmi Hasibuan; Ediwarman Ediwarman; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Formulation of the goverment’s law abaut the children protection Indonesian’s legislation home envisaged that more abstract nature protection or protection indirectly. In the criminal acts of the domestic violence committed by children, the judges tend to prioritize the protection of children as actors, so that the protection of victims is sometimes neglected. It can be seen from the judgment and consideration of the judge to look at the perpetrators are still categorized as a child. The court needs to provide the most appropriate sanctions in children who committed the crime. Giving or sentencing in the case of a child has an educational purpose in imposing sanctions. The criminal’s law policy on children whose commit domestic violence should consider the penal’s policies that include protection against the perpetrators and victims in the enforcement process is done in the criminal justice system. In addition, it should be also pay attention to non-penal’s policy which includes repairing the social conditions of children in the sense of legal protection which we put in harmony between perpetrators and victims of crimes that children are not only in juridical protection, but also in non-judicial protection. Keywords: State Protection, Child For Actors, Domestic Violence (domestic violence).

PERTANGGUNG JAWABAN KORPORASI TERHADAP KEBAKARAN HUTAN DALAM KAITANNYA DENGAN PENERAPAN HUKUM LINGKUNGAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PELALAWAN NO. 228/PID.SUS/2013/PN.PLW) Surya Sofyan Hadi; Suhaidi Suhaidi; Syamsul Arifin; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Due to the actors who burn the forest to open land oil palm plantation company allegedly is a corporation, the corporation issues related to speak also to the issue of accountability. In terms of corporate accountability is possible through the doctrine of strict liability which, in this teaching criminal liability can be imposed on perpetrators of criminal acts in question with no need to prove the existence of fault (intent or negligence) actors. But the emphasis placed on it, as a result of his actions have caused loss to the community. Suffice if proven that the offender has committed an unlawful act, or not doing that is required by the criminal provisions (offenses of strict liability). Keywords : Corporate Liability; Forest fires; and Application of Environmental Law

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Kota medan,

Sumatera utara

INDONESIA