cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota medan,
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
 13   14   15   16   17 
PEMBEBASAN BERSYARAT (PB) BAGI PENYALAHGUNA NARKOTIKA DI LEMBAGA PEMASYARAKATAN KLAS I TANJUNG GUSTA MEDAN Suandi Fernando Pasaribu; Alvi Syahrin; Marlina Marlina; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.709 KB)

Abstract

ABSTRACT One part of coaching Prisoners in the correctional system is the presence of the Parole (Voorwarlijke Invrijheidsteling). Narcotic crime is a crime that is complex because of the narcotic crime, the offender can be at once a victim. Best coaching against inmates is returned / integrated in society and not electrically insulated with iron bars. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. The method used in this research is normative and empirical legal research and analytical descriptive nature by using primary legal materials, secondary and tertiary analyzed normatively. Based on research conducted by the author in pre Correctional Institution Class I Medan the number of perpetrators of criminal acts resulting in the increasing number of prisoners / prisoners are serving a prison sentence in the Penitentiary. Summing up, first, the implementation of parole for abusers of narcotic refers to the Indonesian Government Regulation Number 99 of 2012, Second, efforts to address the employees of prisons are required to discipline the prisoners for good behavior, requiring tightening legislation, increasing the number of prison staff, perform retrieval Quotes Judge (Extra verdict). Third, the supervision of inmates required to report once a month or once every 3 months to Hall of Corrections with program officers visit the client's home to inmates. Keywords: Parole, narcotics abusers, Penitentiary
PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA KEHUTANAN (Studi Putusan Kasasi Mahkamah Agung RI Nomor 2642 K/Pid/2006) Mazmur Septian Rumapea; Alvi Syahrin; Muhammad Hamdan; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.908 KB)

Abstract

ABSTRACT The corporation case which occurs in North Sumatera is a forestry criminal act committed by Darianus Lungguk Sitorus, the owner of PT Torganda and PT Torus Ganda. He did forestry criminal act in the area of Hutan Padang Lawas through his corporation. As the perpetrator who did the criminal act in this case, he was imprisoned by the Ruling of the Supreme Court No 2642 K/Pid/2006 for 8 (eight) year imprisonment plus incurred a fine of Rp. 5,000,000,000 (five billion rupiahs) plus confiscation of 47,000 (forty seven thousand) hectares of oil palm plantation, located in the area of Padang Lawas by the Department of Forestry.The problems of the research were the development of corporation responsibility for forestry criminal act in Indonesia and whether judge’s legal consideration on corporation criminal responsibility in the Cassation Ruling of the Supreme Court No 2642 K/Pid/2006 had met the theory of criminal responsibility. The research used judicial prescriptive method with legal provision, case, and comparative approaches, using primary, secondary, and tertiary legal materials which were analyzed interpretatively. The result of the research showed that corporation criminal responsibility in forestry criminal act in Indonesia is developing in ius constitutum which indicated by the development of the development of legal subject and corporation criminal responsibility. Law No. 41/1999 on Forestry which has gone through the development of corporation criminal responsibility in Law No. 18/2013 on Prevention from and Eradication of Forest Damage, and Cassation Ruling of the Supreme Court No. 2642 K/Pid/2006 has directly used the theory of corporation criminal responsibility. As a directing mind, Darianus Lungguk Sitorus had a corporation inner-self in ordering to commit (doen plegen) forestry criminal act. Keywords: Criminal Responsibility, Corporation, Forestry Criminal Act
PENERAPAN PEMBUKTIAN TERBALIK DALAM PERKARA GRATIFIKASI Lestari Victoria Sinaga; Alvi Syahrin; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.412 KB)

Abstract

ABSTRACT Based on the results of this study, the idea of the principle of reversal of the burden of proof imposed a total and absolute terms has been accepted since the Act No. 3 of 1971 with the formulation of the defendant can prove that he is not corrupt, but the burden of proof of alleged corruption in the hands of the public prosecutor. Legislation is only put evidence as a “shift” only instead of “reversal” burden of proof, so that the term in Law No. 31 of 1999 on a system of proof is reversal of the burden of proof is limited and balanced. Implementation of the system of proof in a criminal act of gift giving No. 98 / Pid.Sus / Tpk / 2013 Bandung District Court on behalf of Billy Sutejo that the use of money to establish a Building Permit is used for its own sake. The judge in imposing the acquittal to the accused is the misinterpretation of article 12B, paragraph 1, letter b clarified that the corruption is a formal offense, enough with the fulfillment of the elements of the act does not have to exist as a result. This has become less conscientious judge in making a decision. Excess application of reversed burden of proof is accused human rights protected in front of the court in terms of evidence. Description defendant help ensure public prosecutor in the trial. While the weakness is first of proof that an article that is not in the bedroom but the law can not be applied into practice. Keywords: Reversal of the Burden of Proof, Gratification, Corruption Criminal Act
ANALISIS HUKUM PENGGUNAAN FREKUENSI RADIO TANPA IZIN BERDASARKAN UU NO.36 TAHUN 1999 TENTANG TELEKOMUNIKASI (Studi putusan Pengadilan Negeri Salatiga Nomor 91/Pid.B/2013/PN.Sal) Hanawi Aananda Putra Sitohang; Muhammad Hamdan; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (542.268 KB)

Abstract

ABSTRACT The use of radio frequencies must obtain permission from the government, before obtaining permission still broadcasting, radio broadcasting institutions must go through the trial broadcast period of 6 (six) months. Broadcasting licenses that have been granted are prohibited transferred (given, sold, or otherwise transferred) to another party (other legal entities or other persons). While the act of taking without permission outside the consent or will of the owner (against the law) called the theft of the book of criminal law. The element Regulation frequency use without the permission of "whoever", "Who" denote the subject of law and the word "something good" in question is a radio frequency that the user must obtain permission from the government, but accountability for perpetrators who violate them can be sentenced to imprisonment and fines. Efforts to enforce laws against the crime of use of radio frequencies may be used without permission stretcher adminnistratif sanction of revocation of consent after being given a written warning, and counseling to the relevant parties this provision is intended as the government's efforts in monitoring and controlling the operation of Telecommunications. Keywords: Frequency Without Permission.
ANALISIS HUKUM ATAS PEMERIKSAAN KEKAYAAN NEGARA PADA BADAN USAHA MILIK NEGARA (BUMN) MENGENAI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48 DAN 62/PUU-XI/2013 Selatieli Zendrato; Bismar Nasution; Sunarmi Sunarmi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.058 KB)

Abstract

ABSTRACT There is the difference in interpreting separated State’s assets. Many legal practitioners point out that separated State’s assets are corporations’ assets, but some of them point out that the assets of BUMN (State’s Owned Enterprises) are State’s assets because they come from State’s finance so that the Supreme Audit Agency has the authority to audit the assets of BUMN although. Concerning the assets of BUMN as an independent a corporation, and the status of the State as the capital owner, its position is only as a shareholder. According to the theory of legal entity, Public Accountant has the authority to audit the assets of BUMN as a corporation. The Institutional Court’s Ruling No. 48/PUU-XI/2013 does not pay attention to the position of BUMN whether it a public law or a private law.  When a company has signed its memorandum of association before a Notary, private law is automatically in effect. The Constitutional Court in its Ruling No. 62/PUU-XI/2013 does not consider legal experts’ opinion which states that when BUMN uses money in the company, it does not use the provision on APBN (the National Budget) system which is regulated by the government but is only based on business judgment rule. Keywords: Auditing State’s Assets, BUMN, Constitutional Court’s Ruling.
PERUBAHAN PERATURAN MENTERI PERTANIAN REPUBLIK INDONESIA NO.26/PERMENTAN/OT.140/2/2007 MENJADI NO. 98 /PERMENTAN/OT.9/2013 DAN PENGARUHNYA TERHADAP PERTAMBAHAN INDUSTRI PENGOLAHAN KELAPA SAWIT DI KABUPATEN LABUHAN BATU UTARA Elikson Rumahorbo; Alvi Syahrin; Pendastaren Tarigan; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.875 KB)

Abstract

ABSTRACT The development of oil palm plantations in Indonesia has affected the economic development in Indonesia. But economic development is only felt by group of companies.  This is caused by the regulations do not give justice to all parties. Changes in Regulation of the Minister of Agriculture of the Republic of Indonesia No.26 / 2007 called Permentan meyebutkan that to build a palm oil mill must have the raw material from its own oil palm plantations at least 20%, these regulations become an obstacle to the development of palm oil mills, because in fact no longer available land for built new plantations. Therefore Permentan converted into Permentan 98/2013, which allowed the construction of palm oil mills without gardens on condition makes sustainable cooperation with the oil palm growers. Company owner IUP-P is also required to facilitate people palm garden development, environmental and social responsibility, and shall divide the shares ownership of the factory to the farmers as a supplier of raw materials. The government of Labuhan Batu Utara district has issued a permit to build a palm oil mill without a garden called IUP-P as much as 3 units. Construction of palm oil mills have brought benefits to the oil palm growers. However, in the implementation of IUP-P in Labuhan Batu Utara district government lacks transparency in terms of time, cost and procedures for the issuance of permits IUP-P. Less government involve the community in the process of issuing permits this could lead to losses because investors are becoming less interested in investing. The government should be able to apply the principles of good governance, namely the principle of transparency, accountability and good  governance  in  order  to  invest  more advanced. Key words: (1) Licensing, (2) the Government, (3) Development of Palm Oil Processing Industry
EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA YANG DIRAMPAS UNTUK NEGARA (Studi Putusan Hakim Pengadilan Negeri Balige) Eduward Eduward; Mahmud Mulyadi; Madiasa Ablisar; Hasim Purba
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.003 KB)

Abstract

ABSTRACT Law of Criminal Procedure ( Criminal Procedure Code ) determines that the confiscated items that are restricted or prohibited for circulation, seized for use for the benefit of the country or to be destroyed. Formulation of the problem by Judge Law Enforcement Against Narcotics Crime Evidence in Decision District Court Judge  of  Balige. Narcotics Precursor and tools or goods used in the crime of Narcotics or relating to narcotics and results in stripped to the State does not have the legal certainty. Execution of Narcotics evidence was carried out by the State Attorney Balige has not been effective (based on juridical and non juridical constraints) . Keywords ; Execution evidence, narcotics, seized state
TANGGUNG JAWAB PERUSAHAAN PENERBANGAN TERHADAP KERUGIAN BARANG BAGASI TERCATAT PENUMPANG PADA PENERBANGAN DOMESTIK (STUDI PADA PT.GARUDA INDONESIA AIRLINES MEDAN) Harry Fauzi; Hasim Purba; Jelly Leviza; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.957 KB)

Abstract

ABSTRACT   Air transport is an activity is the transportation of passengers and goods in one or more travel from one airport to another airport, which is one of the important means of air transport then has to be laid out in such a way so that it is able to manifest the protection security, the safety of passengers, baggage and goods are recorded, which has responsibility for passenger and baggage items listed, as listed in Articel 144 and 146 Chapter Law Number 1 Year 2009 on a Flight that is the basis of the carrier against the baggage items listed passengers who suffered losses during the flight, having regard to the magnitude of the damages given to transport to passengerd listed in the regulation of the minister of transportation Number 77 in 2011 About The Responsibility of air freight Carrier. Therefore, this thesis seeks to analyze the legal protection of baggage items listed passengers, the loss of the carrier’s responsibility and how a dispute over luggage goods recorded a loss of passengers.   Key Words: Responsibility, The Airlines, The Baggage Is Recorded
ANALISIS HUKUM ATAS PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI DALAM KAITAN DENGAN WEWENANG LEMBAGA PERADILAN (Studi Kasus: Perkara Peradilan Dalam Putusan Pengadilan Negeri Jakarta Selatan Nomor: 04/Pid.Prap/2015/PN.Jkt.Sel.) Gomgoman Simbolon; Madiasa Albisar; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (607.138 KB)

Abstract

ABSTRACT Pre-trial session is one of the efforts to find justice for a litigant. It becomes more popular since the scope of judicial review object as it is stipulated in Article 77 of the Penal Code is not in line with judicial development of law of criminal procedure in eliciting and finding the value of justice. The problem of the research was how about law of criminal procedure which regulates the scope of the authority of pre-trial session and how about the judge’s consideration at the South Jakarta District Court in the Verdict No. 04/Pid.Prap/2015/PN.Jkt.Sel., which decided that the status of defendant in the corruption criminal act was invalid and had no legal ground. The conclusion was that law of criminal procedure, which regulates the scope of the authority of pre-trial session under Article 77 of the Penal Code, cannot be interpreted rigidly and only bound by the valid or invalid arrest, detention, halting the investigation and prosecution, indemnity and rehabilitation, but it should also deal with confiscation, raid, and determining the status of defendant as the object of pre-trial session. The judge’s consideration at the South Jakarta District Court has principally met the purpose of finding justice in determining the object of pre-trial session  because the judge interpreted it broadly by including the confirmation of the status of defendant as the object of pre-trial session. The judge’s decision has also met the principle of legal certainty in determining the subject of corruption offense stipulated in Article 2, figure 7 of Law on Anti Collusion and Nepotism. However, his verdict on the State’s financial damages was principally contrary to the principle of pre-trial session itself because it is part of judicial administration and not a part of pre-trial session Keywords: Pre-Trial Session, Charging Defendant Status, Corruption Criminal Act, The South Jakarta District Court
PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Purnama Hidayat Harahap; Bismar Nasution; Hasballah Thaib; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (580.454 KB)

Abstract

ABSTRAK The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness of the Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.   Keywords: Settlement for Sharia Banking Dispute, Contract Contents, Constitutional Court Verdict

Page 15 of 47 | Total Record : 469

 13   14   15   16   17 

Filter by Year

2013 2019


Reset
Filter By Issues
All Issue Vol 7, No 7 (2019) Vol 7, No 6 (2019) Vol 7, No 5 (2019) Vol 7, No 4 (2019) Vol 7, No 3 (2019) Vol 7, No 2 (2019) Vol 7, No 1 (2019) Vol 6, No 6 (2018) Vol 6, No 5 (2018) Vol 6, No 4 (2018) Vol 6, No 3 (2018) Vol 6, No 2 (2018) Vol 6, No 1 (2018) Vol 5, No 4 (2017) Vol 5, No 3 (2017) Vol 5, No 2 (2017) Vol 5, No 1 (2017) Vol 4, No 4 (2016) Vol 4, No 3 (2016) Vol 4, No 2 (2016) Vol 4, No 1 (2016) Vol 3, No 3 (2015) Vol 3, No 2 (2015) Vol 3, No 1 (2015) Vol 2, No 3 (2014) Vol 2, No 2 (2014) Vol 2, No 1 (2014) Vol 1, No 2 (2013) Vol 1, No 1 (2013) More Issue