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LEMBAGA KERJASAMA (LKS) BIPARTIT PERUSAHAAN DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI KABUPATEN DELI SERDANG Rika Jamin Marbun; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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abstract Employer, employee/labor and government always take efforts to build an harmonious industrial relationship in any companies in order to achieve the high productivity and labor prosperous. The harmonious industrial relationship will minimize any conflict in industrial relationship such as the employer and employee. One of efforts to prevent the dispute in industrial relationship between employer and employee is by establishment of forum of communication, consultation and mutual deliberation between the employer and representative of labor union in the company level as determined in the Act No. 13 of 2003 concerning to the labor affairs on article 106 that known as Bi party Mutual Cooperation Agent. The problem would analyzed in this thesis is how the existence of bi party mutual cooperation agency in regency of Deli Serdang, what the role and its function in the settlement of the dispute of industrial relationship and what the sanction and the implementation of the sanction to the company that did not establish the bi party mutual cooperation agent. The applied method in this research is analytic descriptive with judicial normative study. The data from Labor and Transmigration office of Deli Serdang Regency in 2012 indicates that the number of dispute cases in industrial relationship were 84 cases and can be settled by bi party for 47.61%. in 2013, the number of case were 108 case and can be settled for 50.92%. in 2014, the number of industrial relation disputes were 134 cases and can be settled for 58.9%. Based on the number of cases as shown by the data of Labor and Transmigration office of Deli Serdang Regency, bi party mutual cooperation agent (LKS) is required to prevent the dispute in industrial relation. The existence of this agent in the company will minimize the dispute in industrial relation between employer and employee if there is any dispute in industrial relationship that can be settled by by party. The government, the minister of labor affairs is hope to issue the implementation rule of the administrative sanction so the labor and transmigration office will punish the company that have not bi party mutual cooperation agency (LKS). Keywords : Bi party Mutual Cooperation Agent and Industrial Relationship Dispute.

PEMIDANAAN TERHADAP OKNUM POLRI YANG MELAKUKAN TINDAK PIDANA ILLEGAL LOGGING Stevani Phinta Silaban; Alvi Syahrin; Suhaidi Suhaidi; Edy Yunara
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Illegal Logging is the act of violation of the law committed by any person or group or legal entities in the field of forestry. The overtrhrow of punishment against the person who did the crime police Illegal Logging should be his punishment in more heavy because according to section 13 of act number 2 of 2002 on State Police of The Republik Indonesia in which one of the tasks of the Police is to enforce the law. By using the methods of normative legal research this research will examine about the overthrow of punishment against the person who did the crime Police Illegal Logging and analyzing how the overthrow of punishment procces in the Labora Sitorus as Polres Raja Ampat members who commit criminal acts of Illegal Logging. The result showed that the overthrow of punishment against the police who did the Illegal Logging in section 78 act No. 41 of 1999 on forestry is said to be given criminal sanctions against any person heavy money unlawful din forestry. The overthrow of punishment against the police whi did the Illegal Logging to him must be given criminal heavy punishment because Labora Sitorus is the Police should not be confused with the penalty of civil society. In accordance with the provisions of book 1 of the Penal Code concerning heavy criminal. Basic consideration fo judges in a Judex Facti da until at the level of the supreme court is getting hard punishment Labora Sitorus into 15 years in prison because he found the wrong aplicationof the law and in consideration of its judges also to heavy the defendant because the defendant is a plurality of the national police. Keywords : Criminalization, National Police Officers, Criminal Act, Illegal Logging

PENERAPAN ASAS ITIKAD BAIK DALAM PERJANJIAN SEWA-MENYEWA (STUDI TERHADAP PERJANJIAN SEWA MENYEWA OULET DI HERMES BUILDING MEDAN ) Gary Hadi; Bismar Nasution; Hasim Purba Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tenancy agreement in accordance with Article 1548 of the Civil Code has the meaning of an agreement when one party binds itself to provide enjoyment of goods to the other party a certain time , with the payment of a price promised by the latter party . This thesis used a normative study with a descriptive analysis. Application of the principle of good faith in the tenancy agreement Hermes outlet in Medan Building seen from before and after the deal happen. Even the application of the principle of good faith prior to the agreement, PT. Hermes Realty Indonesia has implemented the principle of good faith objective. Criteria breach the principle of good faith in the tenancy agreement Hermes Building outlet in Medan is when wanprestasinya CV. Khansa Independent Asri. The criteria is to have violated an inappropriate thing to do as not carry out its obligations intentionally do not pay rent, service charges and utility costs. Keywords: Agreements, Rent-hire, principle of good faith

PERAN POLRESTABES MEDAN DALAM PEMBERANTASAN NARKOTIKA DIHUBUNGKAN DENGAN TINDAK PIDANA PENCUCIAN UANG Wira Prayatna; Alvi Syahrin; Bismar Nasution Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts to combat narcotics connected with money laundering committed Polrestabes Medan, is specifically addressed by the Investigation Unit of Drug Polrestabes Medan (Sat Res Drugs Polrestabes Terrain) which is the main executor drugs in order P4GN, Polrestabes Medan in carrying out anti-narcotics linked to money laundering, of course, there are many barriers, both technically and legally. Polrestabes field must also make efforts to overcome the obstacles to the eradication of drugs associated with money laundering, both efforts internally and externally efforts. This brings to Basic settings need to be assessed on the police authorities in combating narcotic crime related to money laundering. Terrain Polrestabes role in the eradication of narcotics-related money laundering. Problematic Polrestabes field in the eradication of narcotics-related money laundering. Keywords: Polrestabes Medan, Narcotics and Money Laundering

KEBIJAKAN KRIMINAL PENANGGULANGAN CYBER BULLYING TERHADAP ANAK SEBAGAI KORBAN Wenggedes Frensh Frensh; Syafruddin Kalo; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The result of this study shows that the present indonesia criminal policy dealing with cyber bullying either the penal policy or the non penal policy, they both can be used to prevent the act of cyber bullying. From the penal side, indonesia government uses criminal code and Law No. 11/2011 Information and electronic transactions to prevent the act of cyber bullying. From the non penal side, government has done the cultural approach, moral and education approach, scientific approach and technology prevention. The future criminal policy in handling all act of cyber bullying in indonesia needs improvement and change. From the future penal side, there should be connectivity in the main criminal law system between criminal code and other constitutions besaide criminal code. The concept of criminal code needs to be validated by considering the comparative aspects towards the constitutions among other countries dealing with cyber bullying. From the future non penal side, there should be more moral approach/education, technology prevention, global approach (international cooperation), government role, media role and media of journalism role. Keywords : Criminal Policy, Prevention, Cyber Bullying, Children, Victim

ANALISIS HUKUM MENGENAI PENJATUHAN SANKSI PIDANA TERHADAP PELAKU USAHA PERTAMBANGAN TANPA TANAH TANPA IZIN USAHA PERTAMBANGAN DI KABUPATEN DELI SERDANG Zulham Effendy Harahap; Ediwarman Ediwarman; Madiasa Ablisar; Jusmadi Sikumbang Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The definition of mining according of the Law No.4/2009 Article I Paragraph I regarding mineral and coal mining is “part of or all of activity stages in terms of mineral and coal research, management, and business including general investigation, exploration, feasibility study, construction, mining, management, and purification, transportasion and sales, and post mining activities. In the specific law (lex spesialis), particularly, the Law No. 4/2009 regarding mineral and coal mining, the criminal provisions are stipulated in chapter XXIII, Article 158 to article 165. The penal provisions contains in this law regulates various permits such as IUP (Mining Business Permit). IPR, and IUPK. The Ruling of No. 1561/Pid.B/2014/PN.Mdn is about land mining activities. A case on a mining business without a permit happened in marindal, patumbak subdistrict, Deli Serdang District, Sumatera Utara Province. The businessman, in this case, was sendtenced to a year imprisonmen and finet to IDR I Billion based on the article 158 of the Law No.4/2009 regarding mineral and coal mining. The thesis applies judicial normative method with prescriptive analysis. It uses the theory of criminalization. The data of this thesis are legal material including primary, secondary, and tertiary legal materials and non-legal materials. It is also supported by statude, conceptual, and case approaches. The data are analyzed using qualitative method. Based on the research results, it can be concluded that firstly, in Chapter XXIII, Article 158 to Article 165, the provisions regulate various matters regarding IUP, IPR, and IUPK. In the government regulation and regional regulation, the criminal provisions tend to refer to, Law No.4/2009 regarding mineral and coal mining. Secondly, the people of Deli Serdang District Find it difficult to administer the mining permit. Aside from the document administration that takes months, the moral hazard of Deli Serdang District Government, particularly, in mining sector also becomes an abstacle to accelerate the mining permit administration. Theirdly, penal and non-penal provisions are criminal policies whose scopes consist of penal and non-penal. Keywords: Criminal Sancetion, Land Mining, Business Permit

KEBIJAKAN KRIMINAL DALAM UPAYA PENANGGULANGAN TINDAK PIDANA PENCURIAN HEWAN DI KABUPATEN PADANG LAWAS UTARA Muhammad Azhali Siregar; Syafruddin Kalo; Madiasa Ablisar; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal wisdom or criminal polities was an effort which rational from society to cope crime. Efforts or wisdom to cope from superintended of crime in particular livestock coutent of aspect criminal wisdom. Remembered efforts of crime superintended through navy information and non-navy information. Livestock constrated by shaper of law as a factors make heavier based on consideration about situation in particular Indonesia. In high criminal act robbing animal in particular at North Padang Lawas regency made an anxiety in society, level of robbing livestock because many factor which influense happened criminal act of robbing animal. There were factors happened robbing of livestock at Paluta (North Padang Lawas) content of economy factor, education factor, geographical and cultere factor. Some of cases robbing of livestock at North Padang Lawas got to comprehending if join with subject motivation for searched trofit to resist of verdict. Superintended robbing of livestock at Norh Padang Lawas through navy information adm non-navy information. The arrangement verdict culture based on Tumbaga Holing’s latter consist of verdict culture basics at North Padang Lawas regency in culture wide opened and flexible toward a new element in changed from outside or because alteration and development of area society. Curture of North Padang Lawas just written in Tumbaga Holling’sletter just could read by heart not witheyes so that the culture always everlasting. The alteration of culture not deleted a long culture and changed with a new, alteration happened because influence of events, influence of having to do with live inturns. Effectiveness from doubts applying agree with culture verdict grew up in North Padang Lawas society. Based on culture arrgements grew up and put on for generation until now could to applaying as criminal wisdom in efforts superintended criminal act of robbing livestock at North Padang Lawas regency. Keywords: Criminal wisdom, efforts of superintended, local of learning.

IMPLEMENTASI ASIMILASI KERJA SOSIAL NARAPIDANA KORUPSI DI LEMBAGA SOSIAL SEBAGAI UPAYA REINTEGRASI SOSIAL Junhaidel Samosir; Alvi Syahrin; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is recommended that reconstruction of legal concept and provisions which regulate the assimilation for corrupt prisoners and its implementing regulation should be done. In this case, 1) the Government Regulation No. 99/2012 on the Second Amendment of the Government Regulation No 32 on the Requirement and Procedure of the Implementation of Prisoners’ Rights should be revoked, 2) Adjustment to the corrupt prisoners’ level of education and professionalism should be in accordance with the purpose of establishing social institution with its statutes so that assimilation is not formal as the requirement for conditional acquittal. The social institution as the place for the assimilation should match with what the prisoners had corrupted so that they will realize the impact of what they had done, and 3) the capacity of the wardens of Medan Penitentiary for corrupt prisoners should be improved, and the Penitentiary management of Medan should collaborate with all social institutions in its vicinity so that the corrupt prisoners will not be difficult to find the places for doing their social work assimilation. Keywords: Assimilation, Social Work, Corrupt Prisoner, Social Reintegration

MISREPRESENTATION DALAM KONTRAK : ANALISIS TERJADINYA PERBEDAAN INFORMASI PADA FASE PRA KONTRAKTUAL DENGAN KONTRAK Indra Sakti; Bismar Nasution; Sunarmi Sunarmi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In misrepresentation, the provisions that manages the boundaries between the presentation of misleading information and fraud with trickery are still very vague. Fraud according to the prevailing laws is deliberately giving false and incorrect information to persuade the opposing parties to approve. An exposure to a substance in the pre-contractual phase due to any misunderstandings in a contract is called a representation. Then, the legal consequences will be issued in the post-contractual phase. From the background, several problems can be formulated i.e. how misrepresentation occurs in a contract at a pre-contractual phase, how the settlement of disputes is made, how legal protections for the parties who have misrepresented a contract are. In order to analyze the problems above, the normative juridical research which refers to the legal norms related with the publication of an agreement at pre-contractual phase that contains misrepresentation is used. Based on the results of research, it was found out that the misrepresentation was caused by the inconsistency between what was presented by the offeror in the pre-contractual phase and what was done and supposed to be received by the offeree in the post-contractual phase, and it should also be notified that what distinguished misrepresentation from fraud was that whether or not there were the elements of persuasion and trickery in the pre-contractual phase and standard contractual. The ways to settle the misrepresentation was that by making the adjustments of the will and was agreed by the parties. Therefore, a pre-contractual document has had the power to be carried out and has the binding power that provides the rights and obligations to be obeyed by all parties. It reflects the good intention to seek a solution to a misrepresentation. The forms of the legal protections for those who experienced misrepresentation as permanently stipulated in Article 1321 and Article 1365 of the Civil Code without ignoring any forms of the provisions stipulated by not ignoring the repressive and preventive legal protections. The parties of the contract are expected to be more careful to understand the traditions and prevailing legal provisions in the Common Law and Civil Law System. In making a contract, it is suggested that the parties engage with a legal advisor and legal drafter since the pre- contractual phase. Appropriately, the principles of caveat vendor and the principle of caveat emptor, be applied. Particularly, there are not any regulations and statutory provisions that regulate this subject yet. Keywords: Misrepresentation, Pre-contractual and Legal Protection

ASSET RECOVERY DALAM TINDAK PIDANA KORUPSI MELALUI INSTRUMEN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG Malto S. Datuan; Bismar Nasution; Mahmud Mulyadi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of the criminal offence of corruption in Indonesia keeps increasing and complex issue for law enforcement officers. As well as the number of countries that present financial losses, continue to increase from year to year. Eradication of corruption not only lies in prevention efforts as well as criminalization the corruptor, but also include actions asset recovery. The main issue raised in this research is how asset recovery in corruption through criminal recovery and civil recovery and how asset recovery through the instrument of money laundering legislation? This research is the juridical normative research, i.e. research which focused on reviewing the implementation of the norms or norms of positive law.The results showed that asset recovery through the criminal recovery or civil recovery in corruption has many drawbacks. The presence of the United Nations Convention Against Corruption (UNCAC) 2003 nor Act MLA (Mutual Legal Assistance) are not able to overcome barriers in asset recovery because it clashed with the political and legal systems in other countries. Civil forfeiture which has in rem have many advantages, but has not yet been adopted in Indonesia. Draft Legislations for Assets Recovery similar to the civil forfeiture of up to now has not been enacted. Whereas the provisions of asset recovery in Act of Money Laundering is more advanced than the Act of Corruption, due to more focus on follow the money rather than follow the suspect as well as discrete in personam i.e. part of criminal sanctions and also characterized the in rem i.e. in article 67 of Act No. 8 of 2010 on Prevention and Eradication of Money Laundering which allows it to seize the assets are proceeds of crime without the results prove the fault of suspect, but a lawsuit intended to the assets (in rem) that will be deprived. Keyword: Asset Recovery, corruption, money laundering

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA