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KEDUDUKAN DAN KEKUATAN MENGIKAT DARI NOTA KESEPAHAMAN (MEMORANDUM OF UNDERSTANDING) DALAM PERSPEKTIF HUKUM KONTRAK DI INDONESIA Fernando Z. Tampubolon; Ningrum Natasya Sirait; Runtung Sitepu; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Practically, Memorandum of Understanding (MOU) is commonly used by stakeholders, with various reasons, to do business transaction or inter-institutional relationship. As an agreement which is placed in pre-contract and preliminary contract, it is usually misinterpreted as a part of a contract in Indonesia so that it usually causes problems for stakeholders when it ends in legal dispute among the stakeholders. Therefore, it is necessary to do judicial normative analysis on the real position and binding force of Memorandum of Understanding, viewed from contract law in Indonesia. In this case, descriptive analytic method inductively and logically was used in primary, secondary, and tertiary legal materials in order to obtain clear description of meaning and principles found in the Memorandum of Understanding. The result of the analysis on court’s consideration and verdicts shows that Memorandum of Understanding tends to be described as a contract according to the principles and provisions in the Civil Code so that the consideration deviates from the meaning of Memorandum of Understanding; that is, initial agreement is designed by the absence of legal consequence. In other words, Memorandum of Understanding is an agreement which comes from the stakeholders before everything is started seriously through a more and complex agreement in order to avoid damages of those who are involved in the agreement. When the contract is final and conclusive, Memorandum of Understanding can be equivalent with the principles and provisions under Article 1320 of the Indonesian Civil Code and, at the same time, Memorandum of Understanding has its substantial principles and becomes just a name. Keywords: Position, Binding Force, Memorandum of Understanding, Contract

PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA MAKAR OLEH ORGANISASI PAPUA MERDEKA (OPM) DI KABUPATEN JAYAWIJAYA (StudiPutusanNomor 38/Pid.B/2011/PN.Wmn) Lani Sujiagnes Panjaitan; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A mutiny criminal act is related to a state security. A munity threats legal interest and the safety of Unitary State of the Republic if Indonesia as stipulated in Chapter I book II of Penal Code which consist of three form, namely the mutiny which attacks the legal interests for the safety of Head of State or his/her Vice (Article 104 Penal Code), the unity of State regions (Article 106 Penal code), and the enforcement of State Government (Article 107 Penal Code. The formulations of problem in the research are whether the act done by the Liberating Papua Organization (LPO) is classified as mutiny, how the legal responsibilities towards the mutiny criminal act done by the LPO in the District Of Jayawijaya are, how the implementation of penal code on the mutiny criminal act done by the LPO in District of Jayawijaya based on the verdict No.38/Pid.B/2011/PN.Wmn is. The research result showed the act done by the LPO was a mutiny stipulated in the article 106 Penal code an hasfullfilled the elements whose goal was to conquer the region of state fully or partly under the foreign government with the intetion to separate some parts of the state region. The existence of conscious cooperation. Consequently, all defendants subjected tho the same crimes. Implementation of penal code towards the mutiny criminal act done the LPO in the verdict No.38/Pid.B/2011.PN.Wmn that the judge has implemented the Article 106 Penal Code Jo Article 55 clause (1) in the 1st , namely by sentencing 8 years in prison to every member of LPO. Keywords : mutiny criminal, Liberating Papua Organization

MENUJU GOOD GOVERNANCE DALAM PELAKSANAAN REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA (STUDI KASUS DWELLING TIME DI EMPAT PELABUHAN INDONESIA) Steffi Seline Maryanne Ginting; Faisal Akbar; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the case of acceleration dwelling time, the Ombidsman of the Republik of Indonesia( ORI ) escort up to the President and followed up for the improvement of public service in the port. ORI, as a bridge between the aspirations of the people with the public services and / public officials. The recommendations should be implemented in the public interest. Public services into spears ideals of good governance in a country. Where the law No. 25 of 2009 on the Public Service, in addition to aiming at being the protection and legal certainly for the people in the realm of public services, as well as the certain of the organization so that the public in accordance with the principles of good governance. Keywords : good governance , Ombidsman, dwelling time

ANALISIS KEBIJAKAN HUKUM PIDANA TERHADAP WARGA NEGARA ASING PELAKU TINDAK PIDANA NARKOTIKA Keke Wismana Purba; Muhammad Hamdan; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Application of criminal law policies against narcotics crimes in one country implemented based on the principle of the territory operates a place (locus delicti) as the basis for the enforcement of the law. The application of the sanctions law against citizens of the society including foreign nationals who break the law, expected to be positive for the development of the personality of the influential community. Implementation of the policy of criminal law in particular criminal dead is currently subject to a Presidential Determination No. 2 of 1964 On The implementation of the Criminal to death determined by the courts In General and military Judicial environment. Barriers of pre and post implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, namely the existence of a difference of understanding of the concept of the the policy of criminal law, pros cons among the public, academics, legal practitioners and law enforcers linked the implementation of the policy of criminal law in particular criminal foreign nationals dead to the perpetrators of the crime of narcotics, as well as the intervention of various countries linked the implementation of the policy of criminal law. Keywords: Criminal Law, Criminal Policy Dead, Foreign Citizens

PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU ATM TERTELAN DITINJAU DARI UU NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NO: 77/PEN/BPSK/MDN/2012) Donny Mangiring Tua Siburian; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transaction by using ATM (Automatic Teller Machine) has to be sure that his ATM card can withdraw money and secrecy of PIN (Personal Identification Number). A legal case in the ATM working system occurred that his ATM card was stuck in the machine and surprisingly he lost Rp. 76,800,000 from his accounts. The result of the research showed that protection for consumers in using ATM cards which are taken in ATM machines is regulated in Article 19, paragraph 1 of Law No. 8/1999 on Consumer Protection, Article 29, paragraph 5 of Law No. 10/1998 on Banking, the Regulation on Financial Service Authority No. 1/POJK.07/2013, and the Regulation of Bank Indonesia No. 16/1/PBI/2014 on Protection for Consumers as the Users of Financial System Service. It is recommended that regulation on legal protection for consumers whose ATM cards are taken in ATM machines, the uniformity of judge’s decision in BPSK verdict with the Court’s Ruling should also be established. Keywords: Legal Protection, ATM Card, Consumer Protection

PERLINDUNGAN HUKUM BAGI ANAK PELAKU TINDAK PIDAN (Studi Putusan Pengadilan Negeri Medan Nomor: 27/Pid.Sus-Anak/2014/PN.Mdn) Khairul Anwar Hasibuan; Marlina Marlina; Muhammad Ekaputra; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesia as a State Party in the Convention on the Rights of the Child governing the principle of legal protection for the child is obliged to provide special protection to children in conflict with the law. One of the forms of child protection is realized through special criminal justice system for children in conflict with the law. This is confirmed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. The findings show that, the first is the legal protection of children as perpetrators of criminal acts is indispensable because it is useful for: 1) Children are not stablephysically and mentally, 2) To ensure the children freed from inhuman or demeaningpunishment, 3 ) To ensure the independence of the child, so as not seized unlawfully or arbitrarily, 4) To ensure that the criminal (penalty) applies only as an ultimumremedium; the second is the legal protection should be given to the child is the legal protection that covers several concepts as follows: 1) The concept of Restorative Justice; and 2) Concept of Diversy. The third isthe child criminal liability based on the judge's decision are as follows: Accepting an appeal from lawyer and public prosecutor of the child; strengtheningdecision ofMedan District Court No.:27/Pid.SUS.Anak/2014/PN.Mdn; Establish the length of children detained entirely deducted from the sentence imposed; Ordered the child remains in custody; Charge a second child in the case of judicial level, which is in the level of appeal for Rp.2.500,00 (Two thousand five hundred rupiahs). Keywords : Legal Protection , Responsibility , Children Actors Crime.

PEMBANGUNAN RUMAH IBADAT DI KOTA MEDAN DALAM KONTEKS PERIZINAN (Studi Terhadap Peraturan Bersama Menteri Agama dan Menteri Dalam Negeri Nomor 9 dan Nomor 8 Tahun 2006 Tentang Izin Pembangunan Rumah Ibadat) Roni Eko Wisuda Rambe; Jusmadi Sikumbang; Mirza Nasution; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal substances establishment of houses of worship in the city of Medan is divided in three components namely the structural components of the law in this cases in the conceptual framework of the applicable rule and regulations regarding the licensing houses of worship, namely construction of 1945; Law No. 28 of 2002 on building regulations, along religious affairs minister and minister of interior number 9 and 8 of 2006 on the establishment houses of worship; towns and local regulations number 5 2012 concerning the levy of building permits. Component substance of the law, namely the legal entities related of governance of licensing house of worship in the city of Medan that the city administration of Medan, the ministry of religion and forum religious harmony city of Medan, department of spatial and urban planning, as well as the official licensing of integrated city of Medan, further substance component of the legal culture in this case is the implementations of such rules in a society that must be adapted to the system of values, norm and habits in urban terrain to run properly and effectively. Keywords : Houses of Worship, Licensing, Legal Effectiveness

ANALISIS YURIDIS PERAN POLRI DALAM PENANGGULANGAN TINDAK PIDANA PEMALSUAN MATA UANG TERKAIT DENGAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Ronald F. C. Sipayung; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of Indonesian Police in coping with the criminal act of counterfeiting currency was repressively performed through the enforcement of criminal law which is the action of eradication and the same time crushing the crime by the law enforces in criminal justice system. Coping with the crime through repressive action began from the Police Department assigned its members as investigators. Law on currency has formulated the expansion of the investigators activities within the framework of proving such as the investigator has the right/authority to open the access or to check and make copies of the electronic data saved in the computer file, internet networking, optical media, as well as all others forms of electronic data storage. The investigators may seize the evidence from the owner and provider of electronic services. Besides the repressive action, pre emtive and preventive actions are also needed through the socialization and inter-sectoral coordination wuth the holders of authorities in the field of currency. Key words : Role of Indonesian Police, Criminal Act, Currency Counterfeiting.

PERWALIAN TERHADAP PENGURUSAN HARTA ANAK DI BAWAH UMUR (STUDI PENETAPAN PENGADILAN AGAMA BINJAI) Widya Widya; Tan Kamello; Rosnidar Sembiring; Utari Maharany Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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The authority of the judiciary to give guardianship of religion against the management of the property related to children under legal protection of the child's property is in absolute terms the judiciary has the authority to give religious rights of guardianship against the management of the property of minors upon petition of the closest family the child custody determination of a court through religion. The responsibility of a guardian appointed by the Court to oversee religious treasures children under in the guardian does not exercise its obligations properly is the responsibility of the child's property is under guardianship as well as losses incurred due to the fault or negligence. Consideration of law made by judges in the determination of the custody of property management related children under IE the judge has the right judges law give consideration in accordance with the regulations and the provisions of the legislation relating to such matters. As for the consideration of the Tribunal judges who favor legal purposes namely benefit in line with the objectives of Islamic law that is giving the benefit of the people, though in Islam has been to explain that the mother, father, or sibling is a trustee for the son or brother of the applicant who are still minors. Keyword : Guardianship, Children Treasure, Religion Court

PERLINDUNGAN HAK ATAS TANAH ULAYAT MASYARAKAT ADAT GAYO DI KABUPATEN BENER MERIAH Yowa Abardani Lauta; Syafruddin Kalo; Runtung Runtung; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (peruweren) of Uber-Uber and Blang Paku in Bener Meriah. Keywords: Ulayat rights, Adat Gayo Community, Bener Meriah District

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Kota medan,

Sumatera utara

INDONESIA