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JAMINAN PERLINDUNGAN HUKUM TERHADAP PEKERJA/BURUH YANG MELAKSANAKAN HAK MOGOK DI INDONESIA Chairina Nopiyanti Sipahutar; Budiman Ginting; Pendastaren Tarigan; Agusmidah Agusmidah
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT A strike is the basic right for employees/laborers which has to be protected by law. It has to be performed legally, orderly, and peacefully. The problems of the research were whether there was the relevance of a permit to go on strike to the implementation of the strike as the basic right of employees/laborers, whether law on Workforce provided legal protection for employees/laborers that went on strike, and whether there was legal constraint faced by them in going on strike. The research used judicial normative method by using primary, secondary, and tertiary legal materials. The data were gathered by conducting library research and analyzed qualitatively. Law on Workforce regulates legal strike in which, in its implementation, it is limited by complicated permit requirements and procedures for employees/laborers in going on legal strike. These complicated requirements and procedures become legal constraints for employees/laborers in struggling for their aspiration. However, Law on Workforce has many loopholes in the regulations on strike. Legal protection and the prohibition for the termination of employment and wages which should be paid during the strike are intended for those who go on strike legally. However, legal protection is only given to employees/laborers as far as they are on strike legally which is almost impossible to be done. Based on the result of the research, it is recommended that law makers improve and complete the substance of the legal provisions which still have many loopholes. Besides that, in the future, the implementation of strike should prioritize the substance of the strike which is the basic right for employees/laborers to express their petition rather than fulfill formal requirements and the procedure of permit in carrying out strike. Keywords: Legal Protection, Right to Go on Strike, Strike Permit.

KAJIAN EUTHANASIA PASIF DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Judika Atma Togi Manik; Mahmud Mulyadi; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Euthanasia is a debate among lawyers, medical experts and theologians in which euthanasia is an act of facilitating the death of a person deliberately without feeling the pain of affection with the aim of alleviating the suffering of the sick, until now there has been no clarity about the punishment that really exist In the criminal law in Indonesia but there are articles that can be used as guidance in determining the law for passive euthanasia actors namely articles 304, 306, 338, 344 and 359 of the Criminal Code and the practice of passive euthanasia is very contrary to human rights in Indonesia for violating the right of life Patients who want to get a cure from the disease even though the disease is medically can not be cured. Based on the results of this study it can be concluded that passive euthanasia in criminal law in Indonesia can be categorized as crime under article 304, 306, 338, 344, and 359 of the Criminal Code. Who can be sentenced to 7 years and 12 years the longest. Although in it does not directly refer to passive euthanasia, but at least that article can be used as a reference or guidance on the enactment of criminal sanctions for passive euthanasia actors. Key words : Euthanasia, Criminal Law

KEPASTIAN HUKUM DALAM EKSEKUSI BARANG BUKTI TINDAK PIDANA NARKOTIKA (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO.1258.K/PID.SUS/2014 DAN PUTUSAN NO. 14/PDT.PLW/2014/PN.STB) Muhammad Husairi; Sunarmi Sunarmi; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT For the authority of the prosecutor in the criminal field concerning the executor is an act of prosecution as an executor of carrying out the determination of judges and judicial decisions has permanent legal force. Evidence in criminal activities are often decided in court for the deprived, but there is something different in narcotic crime, namely Article 101 of Law Number 35 Year 2009 on Narcotics. The method used in this research is normative. The formulation of the problem is how the prosecutor’s role in the execution of criminal decisions? How is the execution of the evidence relating to the third party in narcotic cases in the District Court of Stabat and what barriers exist to the execution? How consideration of the judge of the Supreme Court Decision No. 1258.K / Pid.Sus / 2014 and Decision of the Civil District Court Stabat No. 14 / Pdt. Plw / 2014 / PN. STB. The role of prosecutors in the execution of criminal decisions, when referring to Article 101 of Law Number 35 Year 2009 on Narcotics, namely (1) Narcotics, Narcotics Precursor, and tools or goods used in the crime of Narcotics and Narcotics Precursor or concerning Narcotics and Precursors narcotics and results expressed seized for the state. (2) In terms of the tools or items seized as referred to in paragraph (1) is the property of third parties acting in good faith, the owner may appeal against the confiscation to the respective court within 14 (fourteen) days after the announcement of the court decision level first. Shows that legal uncertainty in the execution of narcotic crime evidence by the Attorney. Consideration of the judge in the District Court Stabat related narcotic crime evidence of a third party in this case the consideration of the judge is still stiff. Judges still refers to in paragraph (1) of Article 101 of Law Number 35 Year 2009 on Narcotics without seeing paragraph (2). Obstacles encountered in the execution of narcotic crime evidence is in the case of criminal decisions, in which the civil verdict filed a third party is granted by the judge, so the Attorney as executor experiencing difficulties. Consideration of the judge’s ruling in Supreme Court Decision No. 1258.K / Pid.Sus / 2014 shows that in this case the judge is too rigid in its decision without considering information from third parties that the evidence revealed that the car used by the offender is a hired car (rental) from third parties. In a civil ruling No. 14 / PDT.PLW / 2014 / PN.STB decided won third party claim. Supposedly when the judges on criminal decisions observant and careful in its consideration of third party certainly does not need to be a civil lawsuit. It would need to Attorney General of the Republic of Indonesia issued Decree Attorney General on the execution of the evidence, so that the execution evidence narcotic crime obtain legal certainty. It would need to judge in court viewed the evidence carefully and thoroughly and consider the injured third party so that the execution of the evidence does not cause problems. It would need to Attorney General and the Supreme Court did MOU related to evidence in the criminal act of narcotics so that the problem of execution as evidence at a leter date is not an issue and the Supreme Court also issued SEMA and PERMA or related to it. Keywords: Rule of Law, Execution of Evidence, Narcotics.

KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG MENURUT UNDANG-UNDANG NO. 8 TAHUN 2010 Risna Oktaviyanti Utami; Bismar Nasution; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Money laundering as a form of crime that not only threatens the stability of the economy and the integrity of the financial system, but also can harm the joints of the life of society, nation and state. Impact of globalization on the development of crime. One factor is the crime can flourish because of the encouragement of technology. The rapid development of science and technologies have an impact on the complexity of the crime of money laundering, it is impossible not money laundering also utilize technological means. The impact was so great from the money laundering led to a State should establish a policy on the prevention of crime and money laundering. Therefore this study focuses on the issue of criminal policy, policy formulation as well as efforts to prevent and combat money laundering. The survey results revealed, through the criminal penal policy that is based on Law No. 8 of 2010 is a form in which the criminalization of money laundering must be prevented and eradicated. Criminal policy in the fight against crime can not be separated from policy formulation. Policy formulation is the first step in crime prevention that functionally can be seen as part of the planning and crime prevention mechanism as outlined into the legislation. In Law No. 8/2010 specifically authorizes the Financial Transaction Analysis Reporting Centre (INTRAC) in an effort preventing and combating money laundering and cooperation that made the international world. Keywords: Criminal Policy, Policy Formulation, Money Laundering

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 4 (2017)
Publisher : Universitas Sumatera Utara

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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 research used judicial normative and descriptive analytic method. The theory used in this research was analytical legal positivism theory ad theary of legal protection. The data were obtained from primary, secondary, and tertiary legal materials and supported by legal provision approach. 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 PIDANA PAGUYUBAN PADA TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NO. 724 / PID. SUS/ 2014/PN. JKT. UTR DAN PUTUSAN NO. 725 / PID. SUS/ 2014/PN. JKT. UTR) Fahmi Tanjung; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT This research analyzed the Ruling No.724/Pid.Sus/2014/PN Jkt.Utr and the Ruling No.725/Pid.Sus/2014/PN Jkt.Utr which involve two associations which are proved to be guilty of committing human trafficking as it is stipulated in Article 2, paragraph (1) in conjunction with Article 13, paragraph (1) of Law No. 21/2007 on the Eradication of Human Trafficking Criminal Act. Constructing the criminal liability of associations is firstly by determining its objective culpability; if there is any objective culpability, it is followed by subjective culpability in their management and the members that include liability, normative errors, and no reason for forgivingness. The identification and aggregation of subjective culpability of the management and the members will be distributed to be the association’s subjective culpability. In the liability of the two associations in the two Rulings, the judge imposes the liability upon the management and the members individually of Bina Jasa Mina association in which the judge uses the two systems of criminal liability of corporation in which Bina Jasa Mina corporation commits it and the management takes responsibility. Keywords: Criminal Liability, Association, Human Trafficking

ANALISIS YURIDIS ATAS TUGAS DAN FUNGSI OTORITAS JASA KEUANGAN DALAM MELINDUNGI KONSUMEN JASA KEUANGAN Saryo Saryo; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Otoritas Jasa Keuangan (OJK) founded in accordance with the Undang-Undang No.21 Tahun 2011 tentang Otoritas Jasa Keuangan having task and function to regulate and control of finance institution as well as provide protection for consumer. The consumer protection given by OJK is aimed at creating a reliable consumer protection, increasing consumer empowerment, as well as raising awareness of financial service provider on the importance of consumer protection so that it increases people’s trust in financial service sector. The research problems are as folows: How the law in Indonesia regulates duties, functions, and authorities of the OJK in providing protection to consumer? How the consumer protection system in the financial services thar has been established and implemented by OJK? How is the implementation of the consumer protection system in the financial services by OJK? The results of the research showed, it is revealed that in addition to its function to regulate and control finance institution, it also protects consumer. OJK has established system of consumer protection which is integrated and supported with satisfactory and traceable feature of consumer service for complaining about financial service provider and consumer that is Financial Customer Care (FCC). Consumer protection provided by OJK consists of preventive consumer protection aimed at prevent consumer loss and repressively. Preventive consumer protection includes providing information and education for people, preparing sets of consumer protection, complaint services, market conduct regulation and other regulation conducted to prevent consumer and people loss potentials. Increase of consumer protection effectiveness provided by OJK should keep being maintained both from structure and law substance by considering condition of law tradition of financial service consumer and people so that consumer protection can be achieved as what expected. Keywords: Consumer Protection, Financial Service Authority, OJK.

PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG MELALUI MITIGASI RISIKO PADA BANK MUAMALAT CABANG MEDAN BALAIKOTA Lisa Andriansyah Rizal; Sunarmi Sunarmi; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Risk mitigation is a form of systematic methodology used by senior management in order to reduce organizational risk. the banking industry is an industry that cannot be avoided from risk, therefore the implementation of risk management is very important in order to provide smooth business of the bank itself. There are several risks in the banking industry, which are credit, market, liquidity, operational, legal, reputation, strategic and compliance risks. Risk mitigation to prevent money laundering in Muamalat Bank branch of Medan Balai Kota is done by supervision in special work unit, applying know your costumer, verification and monitoring. Keywords : Risk mitigation, money laundering

ANALISIS YURIDIS TERHADAP KERUGIAN NEGARA YANG BERASAL DARI KEUNTUNGAN REKANAN DARI PROSES PENGADAAN BARANG / JASA PEMERINTAH YANG TIDAK SAH Zulfahmi Zulfahmi; Alvi Syahrin; Mahmud Mulyadi; Pendastaren Tarigan
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Procurement of goods and services is a government procurement of goods/services that are financed with a budget of revenue and Expenditure of the State (State Budget)/Anggaran income and Expenditure area (GRANT) well that was implemented in swakelola as well as by providers of goods/ the service. In the implementation of the procurement of goods and services there are stages and procedures appointment of partner providers of goods and services is carried out through a tender open to the public and the winner must also be announced transparently to the public at large. Implementation of the designation of the partners through a tender, there is often a violation of procedure resulting in stages and the designation of the goods and service provider partners the legal disabilities because it is implemented through a tort the law. For providers of goods and services infringing in government procurement of goods and services may be subject to administrative sanction in the form of sanctions, sanctions black list registration, lawsuits are civil and/or criminal in reporting to the authorities. As for the competent authority may be subject to administrative penalties i.e. sanctions, sued for damages and/or criminal basis and reported accordingly Act No. 31 years 199 jo law No. 20 Year 2001 about criminal acts of corruption. Criminal liability against the providers of goods and services as well as the competent authority may be subject to criminal sanctions in tort law breaking the phases of procedure either in conjunction with the PA party, PPK or ULP as well as liability personally in accordance with Article 55 and 56 of the criminal code as well as Article 118 paragraph (2) Perpers No. 54 Year 2010 as it has changed four times. In tort can be categorized as corruption deeds according to experts in adverse financial and economy of the country. But other experts expressed the opinion if there was no financial loss to the State and economy and in accordance with the deed, then there can be categorized as criminal acts of corruption. Keywords : State Losses, gains partners and Procurement of goods and services is not valid.

SANKSI HUKUM TERHADAP LEMBAGA PERBANKAN YANG TIDAK MENDAFTARKAN JAMINAN FIDUSIA DALAM PRAKTIK PEMBIAYAAN KREDIT PEMILIKAN MOBIL (STUDI DI PT. BANK X) Yosef Warmanto Panggabean; Tan Kamello; Edy Ikhsan; Utary Maharany Barus
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The reason of the Banking Institution needs to register Fiduciary Guaranty in Car Ownership Credit Financing is to provide legal certainty to the interested parties. The most important factor not registered Fiduciary Guaranty is because the registration fee of fiduciary guarantee is too high causing the Debtor (Customer) Does not register its Fiduciary Guarantee, the finance company may be subject to sanctions in the form of warning, suspension of business activities, and revocation of business license. Keywords : Sanctions, Warranties, Fiduciary, Banks

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA