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PEMBERIAN KREDIT DENGAN JAMINAN TANAH SURAT KETERANGAN (SK) CAMAT PADA PT. BANK RAKYAT INDONESIA (PERSERO) Tbk. CABANG MEDAN SISINGAMANGARAJA Muhayminah Muhayminah; Tan Kamello; Utary Maharany Barus; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Giving credit to the land security Certificate (SK) Head carried out by PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja to facilitate the debtor in obtaining loans for micro-enterprises, but SK Head can not be done Encumbrance because not registered in the State Land Board that need to disertipikatkan. Based on the above background that problems found first legal power of SK Head over land ownership, two credit granting process with guaranteed SK Head at PT. Bank Rakyat Indonesia (Persero) Tbk. Medan SM. Raja, and three legal protection against creditors in their lending with collateral land use Letter Head. Keywords : Bank , Credit, Guarantee, Letter Heads

ANALISIS YURIDIS PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN UNDANG-UNDANG KETENAGAKERJAAN DAN HUKUM PERJANJIAN Apri Amalia; Budiman Ginting; Agusmidah Agusmidah; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The labor agreement clause in PKWT in the form of a clause against the period of time the work done based on the type and nature of work, as well as a period in extension and renewal. The termination of the working relationship in the clause set in article 61 of ACT No. 13 of 2003 on Labor. Clause to rights and obligations is the trade off between the workers and employers. The main thing in the rights and obligations i.e. workers are entitled to a wage and employers shall be obliged to pay the wages, worker safety and health are entitled to work and employers are obligated to give it as well employers are entitled a good production results from the work of the workers. In the legal position of workers in article 59 paragraph (7) of the ACT. No.13 of 2003 on Labor that PKWT implementation does not comply with legislation then turn into PKWTT and affirmed in Kepmenaker No. 100/MEN/VI/2004 in article 15. As for the protection of workers, namely the protection of the right to healthcare, protection of right to health care, protection of rights of security/safety and the right end of the working relationship in the form of severance money, money reimbursement rights and money Awards working period. Keywords: worker/labour, working time agreements, employment law, the law of treaties.

WARISAN ANAK ANGKAT MENURUT HUKUM ADAT DAN KOMPILASI HUKUM ISLAM Mifa Al Fahmi; Hasballah Thaib; Hashim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Civil law in Indonesia are still pluralism because until now still apply customary law, Islamic law and Western law. The law of inheritance is a part of the law of family who played an important role, even define and reflect the prevailing family system in the community. In this case there are some differences between the existing legal system against the adoption of children in Indonesia. So sometimes becomes an endless discussion towards inheritance for the adopted child. Based on the above background found problems: first the position of adopted children in customary law and Islamic law, second compilation of inheritance adopted children in customary law and Islamic law, third compilation serves parts of adopted children in inheritance law and compile Islamic law. Islamic law is not the presence of adoption so far belies the adoption was done for welfare and education for the child. Adoption does not disconnect from the adopted child with the biological parents. There are no relations between the adopted child to inherit with the adoptive parents. However in the compilation of Islamic law on the set of wills wajibah, so that the adopted child can be given no more than a third of the estate. Unlike the customary law system, the position of adopted children is influenced by the system of kinship or descent, the position of adopted children varies from one region to the other. Adoption can just break the connection of the adopted children against parents, siblings or children of adoption do not disconnect from the adopted child with her biological parents. So is the adopted son of inheritance. Each of the customary law in the area have different settings, there is that because adoption then arises of the relationship between the adoptive parents ' inheritance and vice versa. Similarly, with the portion for adopted children who inherit a system of customary law that the adopted child is given the rights of inheritance from adoptive parents. This inheritance portion against the arrangements differ from one region to the other. Keywords: Inheritance, Adoption, Probate

PEMBERIAN REHABILITASI TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA (STUDI KASUS TIGA PUTUSAN PENGADILAN) Jefrianto Sembiring; Mahmud Mulyadi; Marlina Marlina; Edy Ihkhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal basis over the granting of rehabilitation against the perpetrators of the crime of narcotics is according to the provisions of Act No. 35 of 2009, and Act No. 11 in 2012. Rehabilitation is a facility to its semi closed, meaning only certain people with special interests who can enter this area. Rehabilitation of narcotics is a place that provides skills training and knowledge to prevent yourself from narcotics. According to Act No. 35 of 2009, there are two types of rehabilitation medical rehabilitation and rehabilitation that is social. The consideration of judges in evaluating the trial in the case of narcotics that kids do is dropping the criminal narcotics by doing rehabilitation against the defendant. The judge stated that in the legislation of criminal justice system of children of a troubled with the law is referred to as a bad boy. The judge stated that truly matter in the indictment the public prosecutor, the judge nevertheless looked in the criminal penalties against giving users of narcotics offenders children, then by observing the main principle for the children's best interests for the child, namely in the dropping of sanctions, then the provisions of the rehabilitation of medical and social rehabilitation for the defendant can be applied. Key Words: Rehabilitation, Children, Crime Of Narcotics

PERTANGGUNGJAWABAN PIDANA PELAKU PENGHINAAN MELALUI LAYANAN PESAN SINGKAT ATAU SMS (SHORT MESSAGE SERVICE) (Studi Putusan: Pengadilan Negeri Sumenep Nomor: 70/Pid.B/2010/PN.SMP, Putusan Pengadilan Negeri Pati Nomor: 45/Pid.Sus/2013/PN.Pt, Putusan Pengadil Rumia R.A.C Lumbanraja; Syafruddin Kalo; Madiasa Ablisar; Keizerina Devi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Technological Development causes new legal problem, humiliation which is done through electronic Short Message Service (SMS). Humiliation case is regulated in Article 310-321 of the KUHP (the Criminal Code). Since SMS is an electronic service, the Government issued UU ITE 9Law No. 11/2008 on ITE or Electronic Information and Technology). There is the difference in the implementation of law: 1) how about the implementation of the evidence for humiliation criminal acts through SMS, and 2) how about the criminal liability of perpetrator of humiliation through SMS. From the evidence aspect, the KUHP has no evidence for electronic case while SMS is interpreted as a written form which is regarded and categorized in the KUHAP as a letter as it is stipulated in Article 187, letter d of the KUHAP which is only in effect if there is another evidence related to other evidence. According to Article 1, figure 1 of Law No. 11/2008 on ITE, SMS is electronic information, electronic data in a written form which can be accepted as valid evidence as it is stipulated in Article 5 of UU ITE. The perpetrator of humiliation through SMS has legal liability since it has fulfilled the counts to criminal act and its consequences, the existence of guilt that the perpetrator intentionally sends SMS containing humiliation by attacking one’s dignity and good reputation in the SMS, and the counts to eliminate criminal act since there is no apology by the perpetrator as it is stipulated in the KUHP so that criminal sanction can be imposed on the perpetrator. Keywords: Criminal Liability, Humiliation, Short Message Service or SMS

ANALISIS YURIDIS KEBIJAKAN PEMIDANAAN DENGAN HUKUMAN KEBIRI TERHADAP PELAKU PEDOFILIA Muhammad Andi Dirgantara; Syafruddin Kalo; Alvi Syahrin; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sentencing policy with castration punishment is a form of government efforts to suppress the sexual abuse of children were recently increased. Award gelding punishment for pedophiles do with chemical castration. objects that are discussed in this study is to answer the question about the policy of punishment for pedophiles in Indonesian positive law, setting penalties gelding by Perppu No. 1 2016 on the Second Amendment Act No. 23 of 2002 on Protection of Children and penalties gelding in the perspective of Islamic law and human rights, this research then produced several conclusions that pedophilia is a disorder of sex deviates experienced by adults the sexual attraction to children that lead to rape and / or sexual abuse, perpetrators be punished gelding was ever convicted offenders with similar criminal offense and punishable by life imprisonment or imprisonment of at least 10 (ten) years. in Islamic law does not use neuter punishment for perpetrators of rape or sexual abuse and differences of opinion against punitive castration for pedophiles rights terms manusia.Berdasarkan conclusions obtained in this study, it is suggested not only add to the type and weight penalties for pedophiles but also consider the interests of children who are victims of sexual violence, the perpetrators were never convicted the same and has serious impacts should be put to death without punishment made a gelding and reviewing punitive castration for pedophiles. Keywords: Policy Punishment, Punishment gelding, Actors Pedophilia

PELAKSANAAN PENYELIDIKAN DAN PENYIDIKAN KEPOLISIAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCABULAN (STUDI DI POLRES KOTA MEDAN) Wilson Raja Ganda Tambunan; Muhammad Hamdan; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A crime or criminal act is a social phenomenon that occurs in the society. It develops as the society grows and develops. An example of crime found in society is sexual crime such as lascivious molestation. This crime has a quite high rate in Medan. In the last five years, its rate increased either committed by adults or by juvenile. The problems of the research are what factors cause lascivious molestation and why its rate is getting increased in Medan, what policy has been made by Medan Municipality Police in the investigation and verification of the criminal of lascivious molestation observed from the Law No.2/2002 and Law No.11/2012, and how about the obstructions encountered by Police in their investigation regarding the lascivious molestation in Medan. The results found that the factors causing lascivious molestation are free sex, narcotics, dating, technology, faith, lack of parental supervision, alcoholic influence, and unemployment, while the factors increasing the rate of lascivious molestation in Medan are free sex, environment, and low level of education and economy, law enforcement that has not brought a intimidated effect on the criminals, the lack of efforts made by government, technology abuse, and lack of parental debriefing regarding the ethics in juvenile interactions. The investigation and verification upon juvenile criminal of lascivious molestation by Medan Municipality Police has been performed in accordance with the Law No.2/2002 and the Law No.11/2012. The obstruction encountered by the police in their investigation is the difficulty in finding a witness. The research concludes that there is a need for a better society, consistent law enforcer, particularly police, and that the police make use of evidence pursuant to the Criminal Procedure Code. Keywords: Investigation, Verification, Juvenile Criminal of Lascivious Molestatiom

LAW ENFORCEMENT AGAINST CRIME SMUGGLING OF USED CLOTHING IMPORTS (STUDY CENTER TANJUNG COURT RULING KARIMUN NUMBER 107 / PID.SUS / 2014 / PN TBK AND CAPE CENTER COURT RULING KARIMUN PID.SUS No. 217/2015 / PN TBK) Iryanti Sagala; Syafruddin Kalo; Madiasa Ablisar; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this thesis, the author raised the issue of Law Enforcement Against the Crime of Trafficking Used Clothing Imports (Study District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and the District Court's Decision No. 217 Tanjung Balai Karimun Pid.Sus / 2015 / PN Tbk). The theme selection triggered by the smuggling of used clothing was banned by the government, because it hurt the government in terms of revenue in the country, especially the loss of state revenues from customs duties and other charges which should have been received by the Director General of Customs and Excise. There are several options related to the crime of smuggling of used clothing, namely Law No. 17 of 2006 on the Amendment of Act No. 10 of 1995 on Customs, Trade Minister Regulation No. 51 / M-DAG / PER / 7/2015 on Prohibition of Import Used clothing, Trade Minister Regulation No. 54 / M-DAG / PER / 10/2009 on General provisions field of imports, and the Minister of Industry and Trade No. 642 / MPP / Kep / 9/2002 on the amendment Annex I to the Decree of the Minister of Industry and Trade No. 230 / MPP / Kep / 7/1997 on goods set import trade system. The author of this paper uses normative juridical method to approach law (statute approach) and the approach of the case (case approach). By using the above study, the authors obtained the answers to existing problems that the District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and District Court of Tanjung Balai Karimun Pid.Sus No. 217/2015 / PN Tbk same -Same subject to criminal Article 102 (a) of Law No. 17 of 2016, with the sound: every person transporting imported goods that are not listed in Article 7A paragraph (2) had been convicted of smuggling in the field of import by sanctions imprisonment of a minimum of 1 (one ) years imprisonment and a maximum of 10 (ten) years and fined at least Rp. 50.000.000, - (fifty million rupiah) and Rp. 5,000,000,000, - (five billion rupiah). But these two cases different sanctions imposed. The difference of the decision can be caused due to lack of unanimity view of the judges in assessing a case the same or equivalent. In addition the maximum limit and the minimum limit given discretion to judges to convict may also cause differences in punishment. Keywords: Crime of Smuggling, Used Clothing Imports

DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DI TINGKAT PENYIDIKAN (STUDI DI POLRESTA MEDAN) Yati Sharfina Desiandri; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Diversion is the duty of law enforcer handling the case of criminal offenses committed by children to take action to continue or discontinue court cases. Diversion in an effort to urge people to obey and uphold the laws of the country, its implementation still consider fairness as the top priority in addition to providing the opportunity for offenders to take the path of non-criminal as compensation, social work or supervision of their parents. Investigation authority possessed by police is the initial process in a juvenile justice process. This is due, whether or not children in conflict with the law are processed in juvenile justice is highly dependent on the results of investigations conducted by the Police by first asking for consideration or advice from community mentors. In the case of children in conflict with the law, the police in the execution of discretion can upgrade the case so that the child does not have to deal with a formal court settlement. The formulation of the research problem in this study is the first, the effect of the diversion of children in conflict with the law. Second, synchronization regulations on diversion of children in conflict with the law in Indonesia at the level of investigation. Third, the implementation of the diversion of children in conflict with the law in Medan Police. Diversion done to prevent children perpetrators of the negative impact of the implementation of the juvenile justice practice. Diversion is an idea if the appropriate consideration to avoid the stigma in children. Diversion has a positive and negative influence for children and the other parties involved. There are differences between the Secret Telegram with legislation that is in the application of the diversion of children in terms of the threat of punishment, child investigators, diversion agreement and coordination with the prosecution (the prosecutor) and the determination made by the local District Court. On the implementation of diversion in Medan Police, guidelines used namely Act No. 11 of 2012, the Criminal Police Secret Telegram TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 but has not made the PP 65 Year 2015 as the Guidelines for the implementation of diversion. There are some reasons why the diversion implementation by the police does not comply with the rules in the Act No. 11 Year 2012. There should be rules governing the supervision of the implementation of diversion. Police should own internal regulations relating to the implementation of diversion and adapted to the legislation in force. Keywords: Diversion, Children in conflict with the law, Investigation

PENYELESAIAN SENGKETA ADMINISTRASI PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PEMILIHAN GUBERNUR,BUPATI DAN WALIKOTA (Studi Putusan Sengketa Administrasi Pemilihan Walikota Dan Wakil Walikota Di Panwas Kota Pematangsi Herdi Munte; Mirza Nasution; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal norms of dispute resolution to local election administration has been specified in the legislation where Election Supervisory Body of Province and District/Municipal authorities resolve the dispute whose decision is final and binding. Problems in this study, first, how rationalization of legal norms, whether the decision is final and binding dispute may be canceled and how the settlement method according to the principles and legal norms. The study is a normative juridical deskristif analytical. The results showed that the logical reasoning or rationalization of the legal norms of appropriate dispute resolution never mind good philosophical, juridical, sociological and political based on the principles of Pancasila state law. Supervisory Body of Province and District/City have attributive and absolute authority to examine and decide administrative disputes. The role of the Election Supervisory Body of Province and District/Municipal conduct a complete assessment in terms of both rechtmatigheid (certainty) and doelmatigheid (usefulness). For that it must be credible and competent and consistent on the principle of law to reduce the weaknesses that still exist. Keywords: Dispute Administration, Adjudication, Final and Binding and Elections

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA