Garuda - Garba Rujukan Digital

TINDAKAN PENARIKAN UNIT KENDARAAN YANG DILAKUKAN DEBT COLLECTOR TERHADAP DEBITUR DITINJAU DARI ASPEK HUKUM PIDANA Jusnizar Sinaga; Muhammad Hamdan; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (527.302 KB)

ABSTRACT In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right . Keywords: Debt collector, Crimes Dispossession by Violence, Consumen Financing

SISTEM PENGISIAN JABATAN KEPALA DAERAH DI INDONESIA MENURUT ASAS OTONOMI DAERAH Saddam Bancin; Faisal Akbar Nasution; Mirza Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.683 KB)

ABSTRACT The principle of regional autonomy spawned legal norms stating that based on the principle of regional autonomy, regional head position the charging system is done through an election by the people of the area, and without the participation of the central government in determining the position of head of the area. According to the principle of regional autonomy, local independently determine the head region. Then, Indonesia as a state constitutional establish legal order based on the provisions of the constitution. An Act to regulate the charging system regional head position is formulated to maintain consistency with the provisions of the constitution. The rule of law charging system based regional head position is a reflection of democracy and the constitutional principle of local autonomy simultaneously. Based on the principle of local autonomy, the territory can apply the rule of law different charging systems associated with regional head position. These different settings later called asymmetric decentralization system of filling the position of regional head. The asymmetric decentralization can not only be applied to areas that are privileged and special, but also can be applied to areas in general. Keywords : Legal Structure, Local Autonomy Principle, Head of Local Govern, Asymmetric Decentralization

KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCURIAN DENGAN MODUS PECAH KACA MOBIL DALAM PERSPEKTIF KRIMINOLOGI (Studi Kasus Putusan Pengadilan Negeri Stabat No. 404/Pid.B/2013/PN.Stabat) Fickry Abrar Pratama; Ediwarman Ediwarman; Mahmud Mulyadi; Syamsul Arifin
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (529.867 KB)

ABSTRACT Thefts with modus operandi by breaking windshields happen frequently in Indonesia. Since it increases in number, research on it from the criminological perspective in necessary in order to find out the causing factors. The Penal law can be used as the means to overcome this theft. Overcoming this crime by penal law can be categorized into the forms of penal and non penal efforts. The objective of teh research is to find out the factors that constitute this theft and the policy of penal law to overcome it. The formulation of problems in the research are how the legal regulation are in regard to this theft, what the causing factors are, modus operandi are, and how the penal law policy is to overcome this theft.The method used in the research is the judicial normative method, namely a method based on the library study in order to obtain the materials that meet the requirements. The instruments of data gathering are guidelines of interviews and library study. According to the research result, the theft with modus operandi by breaking the windshields is categorized into a theft with aggravation which is regulated in the Article 363 of the Penal Law. Theaggravating element is that there is an effort from the perpetrators to break a thing that prevents them from conducting their action and it is conducted by more than 2 persons. The factors that cause the theft with modus operandi by breaking the windshields are habit, environment, and benefit. The policy of the penal law to overcome this kind of theft can be divided into the penal and non penal forms. These are divided again into pre-adjudication phase. The pre-adjudication phase is the phase of filing to the police before getting into phase of court session and the adjudication is the hearing of the theft perpetrator to the court. Meanwhile, in the non penal efforts, the police have made preventive efforts, such as, by patrolling at critical hours either while wearing casual clothes or uniform to prevent the occurence of the theft. Keywords: Penal Policy, Theft with Modus Operandi by Breaking the Windshields

AKIBAT PENGHENTIAN BILATERAL INVESTMENT TREATY (BIT) INDONESIA – BELANDA YANG DILAKUKAN SECARA SEPIHAK OLEH INDONESIA Eka Husnul Hidayati; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (717.312 KB)

ABSTRACT The Indonesia-Netherlands BIT has been terminated since July 1st, 2015. The intention to terminate has been submitted by Indonesia to the Netherlands on March, 2014. The validity of the termination was questioned by investors, businessmen, and international lawyers, given the ground of the termination undertaken by Indonesian Government was to protect Indonesia’s national interests. The research, which is a descriptive-analytical normative legal research, tends to examine the basic regulations of BIT set under Indonesian and international legal system as well as analyzing the termination undertaken by Indonesia unilaterally from both perspective of Indonesian national law and international law. The research is also describing the consequences arising from the termination. Keywords: bilateral investment treaty, unilateral termination,

IMPLEMENTASI PASAL 74 UNDANG-UNDANG NO. 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN DI PTPN III Delfani Febryana Lubis; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (714.404 KB)

ABSTRACT The Implementation of Corporate Social Responsibility or Corporate Social Responsibility (CSR) by PTPN III conducted based on Article 88 of Law No. 19 of 2003 on State Enterprises (BUMN Law) and Article 74 of Law No. 40 Year 2007 regarding Limited Liability Company (Company Law) but the implementation of CSR can not be implemented by the Company Law and channeled properly because the Company Law does not expressly regulate the implementation of CSR, causing an unstable state in its implementation. Based on the background problems above it is found that First, the rule of law in the Corporate Social Responsibility before and after the enactment of Article 74 of Company Law, Second, The Implementation of Corporate Social Responsibility by PTPN III based on Article 74 of Company Law, Third, stakeholders participation in The implementation of The Obligations Social responsibility in PTPN III.Keywords : Corporate, BUMN, Implementation, Social Responsibility

PENJATUHAN SANKSI PIDANA DIBAWAH BATAS MINIMUM ANCAMAN HUKUMAN BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA Amru Eryandi Siregar; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (544.449 KB)

ABSTRACT Some of the reasons decided by penalties ½ (half) of the amount of the minimum sanction of imprisonment is based on Article 22 No. 3 of 1997 on Juvenile Justice, which is "Against the bad boy can only be dropped criminal or actions specified in this law". Then Article 23 Paragraph (1) Number 3Tahun 1997 on Juvenile Justice, which is "The penalties can be imposed on a bad boy is the subject of criminal and additional criminal, and Article 26, Paragraph (1) No. 3 of 1997, namely; "Imprisonment that can be imposed on juvenile delinquents referred to in Article 1 point 2 letter a maximum of ½ (one half) of a maximum imprisonment for adults". Of the three articles above, in fact there is no penalty associated settings ½ (half) of the amount of the minimum sanction of imprisonment and can be said to be the judge in this case making a legal breakthrough by the application of such penalties. The conclusion of this thesis, If the child committed the crime of Narcotics and charged article is based on Law No. 3 of 1997 on Juvenile Justice, the Judges under Article 24 of the Juvenile Court Act can: 1.Mengembalikan to a parent, guardian or person asuh.2.Menyerahkan to state for education, coaching and job training khusus.3.Menyerahkan to the Department of Social or Social Community Organizations engaged in coaching education and job training. Narcotics. Settings criminal offenses committed by minors under Law No. 35 Year 2009 on Narcotics in principle is not specifically regulated but arrangements will include Law No. 3 of 1997 on Juvenile Justice. It can be said Law No. 35 Year 2009 on Narcotics can not stand alone in terms of setting the crime of Narcotics committed by minors because of Act No. 3 of 1997 on Juvenile Justice is specific legislation relating to justice perpetrators of crimes committed by minors. That From the North Sumatra High Court Decision No. 369 / PID / 2013 / PT-MDN, Stabat District Court Decision No. 349 / PID.SUS.A / 2013 / PN.STB, Stabat District Court Decision No. 443 / PID.SUS. A / 2014 / PN.STB, Stabat District Court Decision No. 444 / PID.SUS.A / 2014 / PN-STB, Stabat District Court Decision No. 445 / PID.SUS.A / 2014 / PN.STB can be criticized especially those concerning the aggravating factors where the emphasis that the child should not know the drug, but in fact had known even used also to mengederkannya. Actually, such a case is not only seen from what has been done olehseorang children who do drug abusers, but should have a more visible is the background why the child did it, or in other words what factors cause them to do that (teaching causalitet). Keywords: Imposition, Sanctions, Criminal, Below Minimum Limit, threats, punishment, For Child Actors, Crime, Narcotics.

ANALISIS YURIDIS FUNGSI OTORITAS JASA KEUANGAN (OJK) SEBAGAI PELINDUNG NASABAH PERUSAHAAN ASURANSI Dede Aquari Irawan Surbakti; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.973 KB)

ABSTRACT Regulation on consumer protection in Indonesia has especially existed since Law No. 8/1999 on Consumer Protection was in effect. In its development, consumer protection in also done by independent institutions, based on Law No. 21/2011 which is called OJK which functions to organize an integrated regulation and supervision system toward all activities in financial service sector. One of the goals of establishment o OJK is to protect consumers and society. In order to achieve that goal, OJK issued POJK No. 01/POJK.07/2013 on Customer Protection in Financial Service Sector. One of the financial service sectors supervised by OJK is insurance system. Today, insurance is regulated in Law No.40/2014. The research problems are as follows: how about the role of OJK in protecting insurance company customers in the insurance legl system in Indonesia,how about the difference between consumer protection, stipulated in Law No 8/1999 on Customer Protection, and that which is regulated in Law No. 21/2011 on OJK in conjuction with POJK No. 01/POJK/07/2013 on Customer Protection in Financial Service Sector. The result of the research showed that,first,after Law No.40/2014 on Insurance was in effect, the role of OJK was very strategic as an institution which regulates and supervises insurance companies since they request license for the establishment. It also has the right to impose severe administrative sanction by revoking insurance company which is potential to harm their consumers. Secondly, in providing legal protection for insurance customers, OJK, through POJK No. 01/POJK.07/2013 provides more maximal legal protection than Law No 8/1999 on Consumer Protection. Keywords: -OJK (Financial Service Authority), Insurance Customers,Consumer protection

PERTANGGUNGJAWABAN PEMEGANG LISENSI-WAJIB MENURUT UNDANG-UNDANG NOMOR 14 TAHUN 2001 TENTANG PATEN Indi Fandaya; Runtung Sitepu; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (591.194 KB)

ABSTRACT Patent term first appeared in Europe in the Dark Ages as technologies used. Patent term itself comes from the Greek word meaning 'open'. In the UK the term known letters Patent, namely the decree issued by the kingdom which gives exclusive rights to certain individuals and businesses. From the definition of the word itself Patents, Patents concept to open knowledge for the betterment of society and instead, inventors obtain exclusive rights for a certain period. Problems in this thesis is Do the terms of compulsory patent licensing according to the principles contained in the Intellectual Property Rights? How is the government's role in determining the amount of royalties for a compulsory license? The results showed a condition of the terms of the license shall not fully in accordance with the principles of intellectual property rights, this is due to the loss of the principle of justice on the owner or holder of patents when patent that has been discovered or produced by the owner or holder of patents taken over by government simply because of the pressing needs and for the benefit of society. The role of government is enormous and absolutely to determine the amount of royalties to the patent exploitation undertaken by the government issued Government Regulation No. 27 of 20014 About the Mechanism of Patent by the Government and Regulation of the Minister of Finance Ministry of Finance Regulation No. 72/PMK.02/2015 About Rewards Comes from Non Tax Revenue Royalties To Patent Inventor. Keywords : Intellectual Property Rights , Patents , Compulsory Licenses

PENYELESAIAN PINJAMAN BERMASALAH DALAM PROGRAM PINJAMAN DANA BERGULIR UNIT PENGELOLA KEGIATAN (UPK) PNPM MANDIRI PERDESAAN KELOMPOK SIMPAN PINJAM PEREMPUAN (SPP) DI KECAMATAN KARANG BARU KABUPATEN ACEH TAMIANG DITINJAU DARI PERSPEKTIF KITAB UNDANG-UNDANG Iqbal Mursalin; Tan Kamello; Yefrizawati Yefrizawati; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (646.025 KB)

ABSTRACT The Implementation of the revolving fund by CGU is part of PNPM MP that aims to improve the economic welfare of the family in the countryside. It also dilakuakn in KarangBaru where the majority of the population who are women just graduated from high school, but the system of revolving funds in UPK with the communities do not have a clear legal position on the legislation in Indonesia. Based on the above background found the problem: First, lending procedures revolving fund UPK to the SPP in KarangBaru district of Aceh Tamiang viewed from the perspective of the draft Civil Code, two factors that cause bad loan revolving fund UPK against group SPP in KarangBaru district of Aceh Tamiang, completion of non-performing loans in the UPK program revolving fund against the SPP in KarangBaru sub-district of Aceh Tamiang viewed from the perspective Seen from the perspective of the Book of the Law of Civil Law. Keywords : Settlement, Troubled Loan, Revolving Fund, UPK

ANALISIS HUKUM KEDUDUKAN PENGGUNAAN CEK DAN BILYET GIRO SEBAGAI JAMINAN UTANG DALAM HUBUNGAN BISNIS Julisman Julisman; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.677 KB)

ABSTRACT Cheque and Bilyet Giro is a payment instrument that is recognized in payment payment system in Indonesia. Initially "cheque" are first known and used by the public as a means of payment is legitimate because the cheque by its nature is cash and portable payments. With cheque as a cash payment tool to replace cash, the public is very fond of using it until it eventually leads to a lot of empty cheque in business transactions. To regulate the cheque for not being misused, the Government of Indonesia issued Law No. 17 of 1964 concerning Prohibition of Withdrawal of Blank Cheque, which essentially prohibits the use of blank cheque as they may disrupt, disrupt, and frustrate government efforts in implementing stability improvements in monetary and economic sectors. According to Article 1, Article 2, and Article 3 of the provisions, the use of blank cheque may be subject to severe punishment, in the form of death penalty, life imprisonment and at least 20 (twenty) years imprisonment. Such provision causes the public no longer free to use the cheque and cause the Indonesian economy to deteriorate until finally the provision is revoked based on Government Regulation in Lieu of Law No. 1 Year 1971. KeyWords : Use of cheque and bilyet giro; Means of payment; and Debt guarantees in business relationship.

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA