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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 469 Documents
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PENERAPAN PERSYARATAN KECUKUPAN DAN KUALIFIKASI DOSEN PADA PROGRAM STUDI DI PERGURUAN TINGGI DI LUAR IBUKOTA PROVINSI (Studi di Kabupaten Toba Samosir dan Tapanuli Utara) Fidelis Haposan Silalahi; Tan Kamello; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Among the standars maintained by the regulation of the Minister of research technology and higher education number 44 year 2015 about the national standars of higher education, there is a standar to give guidance for the qualification and number of lecturers a study program should have in any university in Indonesia as it is written on chapter 27 verse 6, chapter 29 verse 3 and 4.  From the study, it was found that the standar remained the same throughout Indonesia for the number of lecturers which is at minimum 6 persons per program study. Meanwhile, the qualification for the lecturers teaching in Diploma 3 and Diploma 4 programs is any lecturer holding a Master degree or an applied Master degree whose specialty is in line to the study program. However, for the implementation of the regulation of the Minister of research technology and higher education number 44 year 2015 that says every study program must have at least 6 permanent lecturers was still not fulfilled in academicals universities and the lecturers’ qualification was still not met since they were mostly bachelor graduates. Finally, the regulation of the Minister of research technology and higher education number 44 year 2015 cannot be adopted fully in every region because there are some discrepancies in abilities between the universities in capital cities and in urban areas. It is suggested that the regulation of the Minister of research technology and higher education number 44 year 2015 is not totally applied in universities outside capital cities of provinces like the regencies of Toba Samosir and North Tapanuli. It is also necessary to set the time limit for the application of the regulations. It is highly recommended that academicals universities are given time and exception in applying the rules for the lecturers’ adequacy and qualification. Finally, the support from the central and local governments are highly expected to successfully run the programs set by the Minister of research technology and higher education number 44 year 2015.   Key words : lecturer, standar for adequacy and qualification , study program 
PERLINDUNGAN HUKUM TERHADAP DOSEN PERGURUAN TINGGI SWASTA YANG DI-PHK Johannes Mangapul Turnip; Budiman Ginting; Jusmadi Sikumbang; Agusmidah Agusmidah
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal bond between faculty and Colleges formally lead to the employment relationship which in exercising its rights and obligations are subject to the terms agreed work. The working relationship is always formulated in employment contracts that briefly load work requirements, rights and obligations. In accordance with Article 45 and Article 46 of the Law on Teachers and Lecturers, professors are required to have academic qualifications, competence, teaching certificate, physically and mentally healthy, and meet other qualifications required units of higher education places on duty, as well as having the ability to achieve national education goals. Research shows that the Treaty System work done by Colleges and faculty can be a Certain Time Employment Agreement (PKWT) and Time-specific Employment Agreement (PKWTT). The agreement made would give rise to different implications including the rights that will be received as severance pay if the employment agreement the lecturer is based on a work agreement for an unspecified time (PKWTT) and if the employment agreement is based on a work agreement specific time (PKWT) the reimbursement loss shall be granted by the wage / labor until the time of expiry of the employment agreement. Against the validity of the employment contract Lecturer What Not Meet Minimum Academic Qualification in accordance with Law on Teachers and Lecturers can be said to be invalid, because the Law on Teachers and Lecturers already set the terms in accordance with the Minimum Academic Qualification to become a lecturer / faculty. These requirements must be met in order to improve the quality of lecturers / lecturers such. Consideration judges hear the case in the Supreme Court of Appeals No. 048 PK / Pdt.Sus / 2010 is in conformity with the rules in the Labor Law. Consideration of the judge in the decision likening faculty with labor / worker and dispute resolution refers to the settlement of labor disputes.   Keywords: Legal Protection, Lecturer Colleges, layoffs
ANALISIS YURIDIS TENTANG PEMBELIAN KEMBALI (BUYBACK) SAHAM TANPA PERSETUJUAN RAPAT UMUM PEMEGANG SAHAM (RUPS) (Studi Peraturan OJK Nomor 2/POJK.04/2013 tentang Pembelian Kembali Saham yang Dikeluarkan oleh Emiten atau Perusahaan Publik dalam Kondisi Pasa Chairiyah Ella Sari Siregar; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In recent years, the Indonesian economy has shown difficulties as a result of the global economic crisis marked by declining stock prices of publicly traded companies. In response, The Financial Services Authority (OJK) has re-enacted Rule Number 2 / POJK.04 / 2013 concerning Buyback of Shares Issued by Issuers or Public Companies in Significant Market Fluctuation Conditions. With this regulation, companies whose share prices tend to decline significantly are allowed to buyback without having to hold a GMS in advance. By using the methods of normative legal research, this research will examine how the arrangements are based on the Company Law and the POJK in detail, then how exactly the GMS position is in the Shareholders of the Public Company in UUPT and POJK, and how the legal protections can be provided to the POJK related Public and Investor Company. Therefore requires special regulation as the implementing regulation which accomodated by Rule Number XI.B.2 intended for the holding of buyback when the market condition is normal, and POJK No. 2 / POJK.04 / 2013 which used if the market situation tends to fluctuate significantly as a result of the crisis. Furthermore, the position of the GMS in share buyback corporate action is abolished because the company needs to take efficient measures to make an urgent decision for the company. The abolition of such GMS pursuant to Article 4 of the POJK is replaced with an announcement containing the plan, proforma, methods, and analysis of the company's management regarding the influence of share buyback on business activities and growth of the company. Concerning the concept of legal protection against investors is not sufficiently regulated in the POJK because it has been regulated comprehensively in the OJK Regulation Number 1 / POJK.07 / 2013 on Consumer Protection of Financial Services Sector, thus the form of protection stipulated in the POJK is solely for issuers / public companies only. Keyword : buyback, general meeting of shareholders, The Financial Services Authority (OJK)
PENGHITUNGAN KERUGIAN KEUANGAN NEGARA OLEH KANTOR AKUNTAN PUBLIK DALAM PERKARA TINDAK PIDANA KORUPSI (Studi : Putusan Pengadilan Tipikor Pada Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn., tertanggal 16 Februari 2017) Muhammad Isnayanda; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The case of corruption is a major problem in Indonesia that causes a huge loss of state and affects the decline in the quality of people's lives to disrupt economic stability. In the case of corruption (hereinafter called "Corruption"), as for the authorities to conduct an investigation under the applicable law, among others: the Indonesian Police, the Attorney General's Office and the Corruption Eradication Commission. Based on the authority given by the law mentioned above, to every investigator and investigator to conduct a corruption investigation and investigation, the Police of the Republic of Indonesia, the Attorney General of Indonesia and the Corruption Eradication Commission have the authority to conduct investigation and investigation of Corruption. In the eradication of corruption, the government has promulgated Law no. 31 of 1999 on the Eradication of Corruption as amended by Act No. 20 of 2001 on Amendment to Law no. 31 Year 1999 on the Eradication of Corruption (hereinafter referred to as "Corruption Act"). The most important element of the article in the Corruption Act is "it can harm the state's finances or the state's economy". Thus, the calculation of State Financial Losses (PKKN) is needed in conducting investigations and investigations in cases of corruption. Keywords : Calculation of State Financial Losses; Public Accountant Office / Public Accountant; Case of Corruption.
KEDUDUKAN HUKUM KREDITOR SEPARATIS DALAM PEMUNGUTAN SUARA PADA PENENTUAN PERDAMAIAN DI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA PERKARA NOMOR 015/PUU-III/2005) Nurjannah Siregar; Sunarmi Sunarmi; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Separatist creditor is a holder of pawn, fiduciary collateral, hypothecation, or security right of other objects; he can execute his right as if there were no bankruptcy as it is stipulated in Article 55, paragraph (1) of Law No. 37/2004 on Bankruptcy and PKPU (Suspension of Debt Payment). This Article states that creditor can also request to PKPU which enables debtor to propose reconciliation for PKPU. However, in Article 228, paragraph (6) of Law No. 37/2004 on Bankruptcy and PKPU states that PKPU is not in effect for separatist creditor; the person in charge of determining debtor to get his right of PKPU is unsecured creditor, and it becomes one of the applicant’s propositions in requesting for Judicial Review of Law No. 37/2004 on Bankruptcy and PKPU on the 1945 Constitution. The result of the research showed that there werw inconsistencies  in the regulation of Law No. 37/2004 on Bankruptcy and PKPU, againts setting legal domicile separatist creditor in voting to determine reconciliation in PKPU. This legal uncertainty of separatist creditor’s voting rights in determining reconciliation can cause the loss of separatist creditor’s right and status; he will get the lowest compensation of the value of collateral as it is stipulated in Article149 and Article 281, paragraph (2) of Law No. 37/2004 on Bankruptcy and PKPU which will probably be potential for the existence of fictitious creditors and collusion in the reconciliation plan. The Ruling of the Panel of Judges of the Constitutional Court of the Republic of Indonesia No. 015/PUU-III/2005 is considered not accurate and not objective since it does not consider any negative potentials which can occur in bankruptcy case when separatist creditor does not have any legal domicile in the voting for reconciliation in PKPU.   Keywords: Separatist Creditor, Determining Reconciliation, PKPU (Suspension of Debt Payment)
ANALISIS YURIDIS PEMBUKTIAN TINDAK PIDANA JUDI ONLINE MENURUT UNDANG-UNDANG NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Parlindungan Twenti Saragih; Syafruddin Kalo; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The online gambling crime initially took place in 1994 of Antigua and Barbuda countries in the Caribbean which passed freedom of trade and processing legislation, which then allowed the licensing of organizations to build easy online casino openings. Before online casinos, the first fully-functioning gambling software was produced by Mann's software company called microgaming. The use of the software is then guaranteed security by a security company for software called Cryptologic. Given these steps gambling transactions via the internet can be done safely and became the embryo of the first online casino in 1994. In Indonesia gambling is a crime or a criminal offense so that every involved in it will be subject to criminal sanctions. The article governing gambling is Article 303 bis para (1) of the Criminal Code (KUHP). Furthermore, if a person engages in or engages in online gambling, the articles imposed do not refer to the Criminal Code but refer to Article 27 of Law No. 23/1999. 11 Year 2008 About Information And Electronic Transactions, The emergence of online gambling offenses is certainly very difficult to prove because it can be ascertained the investigators are not all have the ability in information and technology (IT). This resulted in the difficulty of the disclosure of online gambling that continues to grow in the community. Online gambling is now not only limited to sites that really provide online gambling but to hide the trail of sites that are pure games not for gambling is also used as a means to smooth the business of online gambling. For example, the card games contained in facebook are often also used or used for online gambling. Based on the above description, it is interesting to discuss the legal issues entitled "Juridical Analysis of Proof of Online Gambling Crime According to Law no. 11 Year 2008 About Information And Electronic Transactions.   Keyword: Online gambling and electronic transactions
ANALISIS PELAKSANAAN PEMUNGUTAN RETRIBUSI TEMPAT KHUSUS PARKIR DAN RETRIBUSI PARKIR DI TEPI JALAN UMUM SEBAGAI SUMBER PENDAPATAN ASLI DAERAH KOTA PADANGSIDIMPUAN Irfan Fajri Rambe; Budiman Ginting; Mirza Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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  ABSTRACT An analysis of the implementation of retribution of parking-specific levies and public parking levies as a source of revenue for Padangsidimpuan city is how the arrangement, implementation, constraints and solutions in levies retribution of parking lots and public roadside parking as an effort to increase local revenue since the enactment regional autonomy. Levies of special parking spaces and public roadside parking are distinguished by the management and location of the parking. The problem in this research concerns how the arrangement of retribution levy of parking at public roadside and special place of parking as source of original income of Padangsidimpuan city?, how policy implementation which have been done by Padangsidimpuan city government in exploring potency of PAD through parking levy on public road and where special parking?, and how the curbing of the implementation of parking management proven violate the city regulation Padangsidimpuan no. 4 of 2010 and No. 5 of 2010?. This research is analyzed using fiscal decentralization theory and legal system theory. The research method is normative legal research method and is analytical descriptive with primary, secondary and tertiary legal material with technique and data collection tool, namely: library research and document study and interview. The regulation of parking fee retribution procedure shall be stipulated by regional regulation and regulation of regional head. Levies are collected by using SKRD or other equivalent documents. Padangsidimpuan municipal government policy to explore the potential of local revenue (PAD) through the collection of public roadside parking levies and special places of parking is regulated in Local Regulation Padangsidimpuan city no. 4 of 2010 on Public Service Business Levies and Local Regulations Padangsidimpuan city no. 5 of 2010 on Service Levies. the implementation of collection of parking fees is managed by the Department of Transportation Padangsidimpuan city. Efforts of Padangsidimpuan city government in order to implement parking management in violation of the provisions of City Regulation Padangsidimpuan no. 4 of 2010 and Regional Regulation of Padangsidimpuan no. 5 of 2010 by the local government through the Department of Transportation of Padangsidimpuan City oversees the management of parking and controlling through the imposition of sanctions.Keywords:            Levy Collection Analysis, Special Parking Area, Parking On Public Road, Local Revenue, Padangsidimpuan City
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMERKOSAAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Rantauprapat No.694/Pid.Sus/2016/PN-Rap) Faisal Salim Putra Ritonga; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the provisions of article 1 point 1 of the Act No.23 of 2003 Year shield cover Children Jo article 1 1 of the Act No. 35 year 2014 about changes in the law No.23 of the year 2003 on the protection of the child, which States that the child is someone who has not aged 18 (eighteen) years of age, including children who are still in the womb. Children as subjects of law who are immature (human) does not cover the possibility of getting involved with the law, which means that a child can be the subject or object of the law in a legal events. One of the issues of concern to children is a special case of rape. Rape is a type of crime that affects very bad especially on victims, for rape would violate human rights and may damage the dignity of humanity, especially against the soul, reason and offspring. One of his Ruling State Court matter Rantauprapat matter No.694/Pid.Sus/2016/PN-Rap is something rape against children under age. In this case the occurrence of criminal offence deliberately doing hokey pokey, a series of lies or persuading a child do it. The defendant committing criminal acts against children under age (15 years) with doing serangakian lies with persuading the victim to perform coitus. Policy formulation of the law of criminal offence rape of children under based on the provisions of article 81 paragraph (2) of Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of Children and the law On article 290 of the criminal clause (2) and (3), article 292, 293, article 294 Article paragraph (1) and section 295. The application of the criminal law against the crime of rape children under based on the ruling of the District Court Rantauprapat No.694/Pid.Sus/2016/PN-Rap based on article 81 paragraph (2) and the provisions of article 76 d. consideration of judge against based on the verdict of the District Court Rantauprapat No.694/Pid. Sus/2016/PN-Rap has not been fullest to suppress the occurrence of cases of abuse and permerkosaan minors. Judges in meting out criminal prison to the defendant should have maximum as in the provisions of article 81 paragraph (2) and the provisions of article 76 D Act No.35 year 2014 about changes in the Law No.23 of the year 2003 on the protection of The child. Recommended for law enforcement gives the application of criminal law in state court verdict Rantauprapat No.694/Pid.Sus/2016/PN-Rap in accordance with the criminal law policy contained in the provisions of Act No.35 year 2014 about changes top of Act No.23 of year 2003 on the protection of Children so that the existence of a deterrent effect for the accused and legal certainty for the victims. Keywords : legal policy, crime, rape, minors,
IMPLEMENTASI PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH Ali Ibsan Jaya; Faisal Akbar Nasution; Suhaidi Suhaidi; Mirza Nasution
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The position of the deputy head of the region is very strategic when viewed from the duties and functions of the regional head is so large, So if there is a vacuum of the regional head or deputy head of the region, then the position must be filled immediately. This study is analytical descriptive research. The election of deputy regional head shall be conducted democratically through pairing elections, which is elected in a package of elections as stipulated in the Law on Regional Head Election. Filling the vacancy of the deputy head of the region who is unable to stay under Article 176 of the Law of the Republic of Indonesia Number 10 of 2016 on the Second Amendment to Law Number 1 Year 2015 Concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governor, Bupati , And the Mayor becomes the Regulation. Deputy Governor, Vice Regent and Vice Mayor in the event of vacancy, the replacement of Vice Governor, Deputy Regent and Deputy Mayor shall be conducted through election mechanism by Assembly Provincial , Assembly at  Regency and City based on the proposal from Political or a combination of Political Which won the election of regional head. Keywords :implementation, vacancy, deputy head of region
PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANAPENCUCIAN UANG (TPPU) YANG BERASAL DARI HASIL PENYUAPAN (ANALISIS PUTUSAN NOMOR : 38/PID.SUS/TPK/2013/PN.JKT.PST) Mirza Erwinsyah; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Background Bribery Bribes posing a threat to economic stability may undermine democratic institutions and values, ethical values, fairness, discriminatory nature, undermine ethics and honest business competition, injure sustainable development and enforceability of the law. The problems in this thesis are how the Corruption Crime formulation according to the Corruption Act, How is the Money Laundering Formulation under Law No.8 Year 2010 and How is the analysis of criminal law against Money Laundering Crime from Criminal Acts of Bribery On Decision Number: 38/ PID.SUS/TPK/2013/PN.JKT.PST.The conclusion in this thesis is a special legislation regulating the criminal act of corruption already exists. In Indonesia alone, the law on corruption has been 4 (four) times changed. The Crime of Money Laundering as stipulated in Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime can be classified into 2 (two) types, namely: Crime of Money Laundering and Passive Money Laundering Crime. Based on the indictment, the case is registered with number 38 / PID.SUS / TPK / 2013 / PN.JKT.PST. The defendant was charged with a layered article using 2 (two) Laws namely the Eradication of Corruption and the Criminal Act of Money Laundering. Keywords : Law Enforcement, Criminal, Money Laundering Crime, Bribery.

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