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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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ANALISIS TERHADAP LARANGAN PRAKTIK INSIDER TRADING DI PASAR MODAL Tandi Pada Palayukan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The existence of capital market is fundamental in economic development. Capital market not only functions to raise fund and to allocate public fund, but also plays an imfortent role in word business development. Insider trading practice is very potential to accur in capital market. The characteristic of insider trading practice in the Indonesian Capital Market is that it was done by manipulating the market. Did not regulated the element resulted from the action or loss. The provision of prohibiting insider trading, narrowed the meaning of “insider” in trust-based relationship only. Insider trading controlled by Bapepam-LK in coordination and integration with OJK that the control of insider trading is not under the Ministry of Finance anywere. The law on capital market needs to be revised to determine the element of loss inflicted by insider trading. It is regulating “insider” should be extended that it is not focusing on the trust-based relationship only and controlling capital market can be efficiently and integratedly.
KEBIJAKAN PEMERINTAH DAERAH DALAM PENGATURAN SUMBER PENDAPATAN ASLI DAERAH DALAM KERANGKA OTONOMI DAERAH (STUDI PADA KABUPATEN NIAS BARAT) Agnes Gulo; Muhammad Abduh; Pendastaren Tarigan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

West Nias Regency as a new autonomous regions is required to issue a policy in the regulation of local revenue sources that are not entirely dependent on central government funding. In this study, there are several issues to be discussed include the formulation of regulation of financial resources within the framework of the general areas of regional autonomy, policy and policy implementation has been done by the Government of West Nias, the obstacles faced by the Government of West Nias Regency. The regulation of financial resources especially regional revenue has been established to provide broad authority to local goverments to levy local taxes and retribution, the policy of goverment west nias regency explore potential revenue has been estabished by means of issue a local regulation although not all of these legal products formed. The Policy of Government West Nias in running facing external and internal obstacles.
ASAS ULTIMUM REMEDIUM (THE LAST RESORT PRINCIPLE) TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM RANGKA PERLINDUNGAN ANAK (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 125/PID/A/2012/PN.GS) Beby Suryani Fithri; Muhammad Hamdan; Madiasa Ablisar; Jelly Leviza
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The philosophy of juvenile justice system is to emphasize the rehabilitation of children in conflict with law as a person who has restrictions compared with adults. Children need the protection of the state and the society in the next period. It is necessary to seek a minimum intervention of the juvenile justice system against the children in conflict with law as a good strategy to protect them. The ultimum remedium/the last resort principle aims to protect the children in conflict with law in order to get their brighter future by keeping them away of the formal juvenile justice system and put it as the last choice to solve their cases. The ultimum remedium/the last resort principle is also useful to help the children in conflict with law by giving them warn and chance so that, they can find their identity and be the man in charge for themselves, their family, their society and their country. There will no presecution against the children in conflict with law and also they wont known as convict by applying the ultimum remedium/the last resort principle. It is why the juvenile judges need to really understand the principles of law and regulations relating to the disposal of the child so as to produce a wise judgment for the children in conflict with law.
PERTANGGUNGJAWABAN PERUSAHAAN INDUK TERHADAP PERUSAHAAN ANAK DALAM HAL TERJADINYA PENCEMARAN DAN/ATAU KERUSAKAN LINGKUNGAN HIDUP Miranda Chairunnisa; Alvi Syahrin; Tan Kamello; Mahmul Siregar
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Group corporation as one of the effects of the fast growing economy, in the activities can also play a role in terms of pollution and/or environmental damage done by one or several subsidiaries. In this regard, the parent corporation may be subject to liability in certain cases where there is contamination and/or damage to the environment done by the subsidiary. Based on the results of research, it can be seen that the legal relationship between the parent corporation to the subsidiaries is the employment relationship or other relationship within the scope of work of the enterprise. The parent corporation may be subject to civil liability for pollution and/or environmental damage done by the subsidiary if the parent corporation controls the subsidiaries proven to perform actions within the scope of application of piercing the corporate veil. In addition, the parent corporation may also incur criminal liability if it is proved the parent corporation were also committing a crime of pollution and/or environmental damage done by the subsidiary. Based on this research, it is advisable to make a special provision of group companies in Limited Company Act. In addition, it should be prioritizing the use of criminal law in a law enforcement environment that affects the survival of human beings, as well as the need to increase the moral of businessmen for committing violations of environmental laws.
PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DAN JUSTICE COLLABORATOR DALAM UPAYA PEMBERANTASAN TINDAK PIDANA KORUPSI Nixson Nixson; Syafruddin Kalo; Tan Kamello; Mahmud Mulyadi
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The development of the modus of corruption criminal act in Indonesia today has indicated a wide scale and become more sophisticated so that it is very difficult to prove it. One of the methods to uncover this organized crime of corruption is by using the role of whistleblowers that can help uncover the modus of corruption criminal act more easily. Unfortunately, whistleblowers and justice collaborators in corruption case in Indonesia have not received maximal legal protection; in consequence, people who want to expose the crime and who have the right to gain reward will go to prison instead. In Indonesia, judicial normatively, based on Law No.13/2006, whistleblowers and justice collaborators have not yet received maximal legal protection. The same is true for SEMA No.4/2011; whistleblowers and justice collaborators only received leniency of a sentence. The ideal legal protection is by giving reward, treatment, and protection from all charges as the compensation for what a whistleblower has exposed, whether he is one of the perpetrators or not. Keywords : Legal Protection, Whistleblowers, Justice Collaborator
PERANAN PENYIDIK PEGAWAI NEGERI SIPIL (PPNS) PERPAJAKAN DAN PENYIDIK POLRI DALAM PENANGANAN TINDAK PIDANA PERPAJAKAN Siti Maimana Sari Ketaren; Alvi Syahrin; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The tax is an important thing as welfare state as one of income source for the increasing of social welfare in a state. Indonesia is one of nation that put tax as one of state income source although it has not yet put tax as one of increasing of society welfare. In the law enforcement process include the tax law enforcement, it always face to criminal justice system. This system is one of system to eradicate the crime in a society. Crimnal justice system has any components, i.e. police, attorney, court, and correctional instituation. In addition to the component of the criminal justice system, there is one specific component for the case of tax, i.e. the civil servant investigator (PPNS) who has responsibility to do the investigation if there is a crime in tax to support the public attorney in handle the tax case. The role of PPNS as instuation out of Police aims to help the task of police in to the investigation that determined in the Crime Procesure Law and Act No. 2 of 2002 concerning to the Police of republic of Indonesia. PPNS or Police must helpot one to the others especially in provide the required information about the crime case to support the crime investigation actually and completely to avoid the intersect of authority in do the investigation that requires the coordination and supervision between the related instituation in enforcement, and socialization of the rule related to the authority in any investigation and to obtain the understanding about the task and authority for each instituation. Through this socialization it will eliminate the gap between the instituation and realize the complete instituation.
ANALISIS YURIDIS KEDUDUKAN BADAN PENGAWAS PASAR MODAL (BAPEPAM) SETELAH BERLAKUNYA UNDANG-UNDANG NO. 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN Susi Muliyanti; Sunarmi Sunarmi; Mahmul Siregar; Utary Maharany Barus
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The roles of Capital Market Supervisory Agency (Badan Pengawas Pasar Modal – Bapepam) are to guide, rule and supervise capital market. The issuance of Law on Financial Service Authority takes over the authorities of the Capital Market Supervisory. The establishment of Financial Service Authority is mandated by Article 34 of Law on Bank Indonesia as an independent institution which regulates and supervises all financial service sectors by applying an unified supervisory model which separates the regulating and supervising tasks. Prior to the issuance of Law on Financial Service Authority, financial service sectors in capital market are supervised by Capital Market Supervisory Agency which is structurally still under the coordination of Ministry of Finance so that its authorities are still limited and result in the high number of cases of capital market which cannot be addressed effectively. Since Capital Market Supervisory Agency needs to be independent, it prefers to transform and merge into Financial Service Authority. It is suggested that laws related to banking, capital market, the Deposit Insurance Agency (Lembaga Penjamin Simpanan – LPS) need to be harmonized to prevent overlapping in their authorities. Therefore, Draft Bill on UUPM needs to be passed immediately because Capital Market Supervisory Agency has emerged into Financial Service Authority while UUPM still regulates the authorities of Capital Market Supervisory Agency. Financial Service Authority has to make regulations related to investigative authorities to address cases of capital market properly.
ANALISIS HUKUM FASILITAS BAGI INVESTOR DI KAWASAN EKONOMI KHUSUS BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL DAN UNDANG-UNDANG NOMOR 39 TAHUN 2009 TENTANG KAWASAN EKONOMI KHUSUS Poltak UB. Panjaitan
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Special Economic Zone (SEZ) is a part of the development of an investment in which the investor is given facilities. Lightening form of investment facilities are not clearly defined in the SEZ thus require interpretation of the legislation related to the facility in question. This research is intended to address issues the consideration of the CIL (Capital Investment Law) and SEZ Law provide investment facilities specifically to investors, setting investment facilities to investors in SEZ and the role of central and local government in the framework of the provision of facilities to investors in SEZ.The CIL and SEZ Law provide investment facilities with economic considerations (use of natural resources for the purpose of welfare of the people), political considerations (political economic democracy) and legal considerations (legal certainty in the investment law reform in the future). Further facilities in the SEZ by setting CIL that facility for investors in particular land rights is not attractive facility because the facility of land rights have disallowed/revoked by the Constitutional Court. Other side of that facility in SEZ Law out of sync with the facilities specified in the related regulations.Last that the role of central and local government in the framework of the provision of facilities to investors in SEZs by the CIL and SEZ Law needed to ensure legal certainty on taxation in particular fiscal facilities. Keywords: Facilities, Investors, Special Economic Zones, Capital Investment.
ANALISIS YURIDIS ATAS TINDAKAN DISKRIMINATIF SEBAGAI PELANGGARAN HAM RINGAN BERDASARKAN UNDANG- UNDANG NO. 40 TAHUN 2008 TENTANG PENGHAPUSAN DISKRIMINASI RAS DAN ETNIS Zainal Abidin Pakpahan; Suhaidi Suhaidi; Faisal Akbar Nasution; Jelly Leviza
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACTPractice to action discriminative as collision of light human right in law order have been arranged in section 28B sentence (2), section 28I sentence (2) Indonesian constitution 1945 post amendment, then section 1 number 1 of constitution No. 40/2008 about discrimination disposal, race and ethnical, then discrimination context as collision of human right have been assured in section 1 number 3 of constitution no 39 the year 1999 about human right, so that action diskriminative has ought to be punishable if it has done. hence to action discriminative can be given sanction of imprisonment at longest one (1) year or penalty fine maximum one hundred million rupiahs according to at section 15 and 16 of constitution No. 40 the year 2008 about discrimination disposal race and ethnical. Refers such a of action perpetrator discriminative instead seldom be punished and their case have never been brought to justice of human right as justice judging about collision human right. Action discriminative as collision of light HAM cannot be judged in HAM justice domain, caused existence of historical reason that is, in Statute Roma 1998 adopting existence of four badness numbers which can be judged in ICC among others, badness of genosida, crimes againt humanity, badness of war and badness of aggression however doesn't coronate to collision of light HAM like action discriminative as collision of light HAM as which included in DUHAM 1948. Reason of yuridis, according to section 4 constitution No. 26 the year 2000 about justice of human right expresslies state that collision of human right which can be judged in justice of human right is collision of heavy HAM that is badness of genosida and badness to humanity outside from the badness justice of HAM doesn't have authority to investigate breaks and judges it, then reason of basis yuridis as presentation of the forming of constitution justice of human right in judging is special for collision of weight HAM which can be judged in justice of human right but not to collision of light HAM.Keyword : analysis yuridis, action discriminative, and light collusion human right.
ANALISA YURIDIS PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA KORUPSI PADA PENYUSUNAN MASTER PLAN KOTA MEDAN TAHUN 2006 – 2016 Jadiaman Sinaga
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract The principle of criminal’s responsibility in criminal law is based on the guilt (schuld) in the action against the law (wederechtelijk) as a requirement for the imposition of criminal (grenzen van delictsomschrijving, wederrechtelijk is en aan schuld te wijten). One of them is the Decision of “Tipikor” (Criminal Act of Corruption) Court related to the corruption of Medan Master Plan of 2006-2016 stating that the element of “enriching” cannot be proven as primary charge. The problems discussed in this study including the kind of criminal act of corruption, responsibility and punishment for the corruptor in the preparation of Medan Master Plan of 2006-2016. The data for this normative legal study with statute approach were the secondary data obtained through library research in the forms of legal materials related to the law enforcement on the case of corruption in the procurement of consulting services during the preparation of Medan Master Plan of 2006 – 2016 at the Tipikor Court of Medan State Court. All of the data obtained were qualitatively analyzed. The preparation of Medan Master Plan of 2006 – 2016, the opinion of the panel of judges, the primary charges, especially related to the element of benefitting oneself or any other person or corporation as meant by Article 2 paragraph (1), was not proven, but the subsidiary charge as meant by Areticle 3 of Law No.31/1999 juncto law No. 20/2001 on Corruption Eradication. Keywords: Criminal Law Enforcement, Criminal Act of Corruption, 2006-2016 Medan Master Plan Preparation

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