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ANALISIS YURIDIS TENTANG TUGAS DAN FUNGSI KOMISI KEJAKSAAN DALAM MEWUJUDKAN LEMBAGA KEJAKSAAN REPUBLIK INDONESIA YANG PROFESIONAL Ludy Himawan; Alvi Syahrin; Suhaidi Suhaidi; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The system of supervision in the criminal justice system has two forms, i.e. built in control and supervision of the institution. Supervision supervisory control is built in which is performed inside the institution, while the institution of supervision conducted by supervisors outside the institution. Every law enforcement agency has a supervisory institution each, judge District Court overseen by judge high, high judge supervised by the Supreme Court and others. In addition, outside of the institution, each institution supervised by the judicial Commission, the independent agency overseeing the performance of judges, the State Attorney Commission overseeing the performance of prosecutors and others. The built in control in the supervision of the criminal justice system is not only overseeing the performance of law enforcement officials in each agency, but also supervise the process in law enforcement. The performance of the District Court will be overseen by the High Court and the High Court will be supervised by the Supreme Court. The verdict by the District Court will be judged by a court to have a position on it, in this case the High Court and so on. So is the State agency that is supervised by the Prosecutor and the Attorney General's Office. The establishment of the Commission as an institution external supervisory Prosecutor Prosecutor's Office was formed in order to improve the quality and performance of the institutions of the State Attorney. The performance of the prosecution agencies assessed the community not optimal the Foundation of this institution so that in Act No. 16 of 2004 about Attorney General RI in section 38 allows the existence of a Commission which aims to improve the quality and performance of the institutions of the State Attorney. As a follow-up of the Article then the President issued Presidential Regulation No. 18 in 2011 about the State Attorney Commission as an umbrella law duties and wewenangnnya. But in this regulation is not set explicitly how the mechanism monitoring and execution of the authority of the State Attorney Commission. In addition in the execution of the duties and authority of the Commission Attorney experienced barriers. How the State Attorney Commission overcome barriers and maximize the authority given to achieve the establishment of this institution. Keywords : External supervisory Attorney, the State Attorney's duties and Functions of the Commission.

ANALISIS YURIDIS TERHADAP WEWENANG OTORITAS JASA KEUANGAN DALAM MENGAWASI TINGKAT KESEHATAN BANK Widodo Ramadhana; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Financial Services Authority is expected to minimize the risks that may arise through regulating and overseeing activities in the banking sector, at least reminding the need for careful risk handling, even if it is necessary to prohibit banks from engaging in certain activities that tend to invite high risk to bank health the crisis on the financial system and banks is expected to detect early on the root of bank problems in assessing the soundness of banks, so as to better reflect the condition of the bank. The formulation of the problem in the thesis research is how the authority of the Financial Services Authority in granting licenses for the establishment of the bank. How is the institutional relationship between the Financial Services Authority and Bank Indonesia related to the Bank's soundness. How is the authority of the Financial Services Authority in overseeing the Bank Soundness.The type of research used is normative law and the nature of the research is descriptive. Data used are primary and secondary data, consisting of primary, secondary, and tertiary legal materials. Techniques and data collection tools were conducted by library study and field study by conducting interviews. Data analysis was done by qualitative analysis method.Under Article 7 of the Financial Services Authority Act, the Financial Services Authority declares that the Financial Services Authority has the authority to regulate and supervise the Bank's institutions which include licensing for establishment of a bank. In this Coordination Protocol as a forum for reconciliation between the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation in a coordination forum called the Financial System Stability Committee (KSSK). Coordination in this committee is made if it is not possible to handle banking problems by the Financial Services Authority in relation to the settlement and handling of a failed bank that is suspected to have a systemic impact. The Financial Services Authority also requires the controlling shareholders or investors to increase the capital of the Systemic Bank and be able to convert the type of debt or investment to increase the capital of the systemic bank if faced with potential crisis. Keywords: Authority, Financial Services Authority, Supervision, Bank Health Level.

PEMAAFAN OLEH KORBAN DAN/ATAU KELUARGA KORBAN TERHADAP PELAKU TINDAK PIDANA DITINJAU DARI HUKUM PIDANA ISLAM DAN RUU KUHP SEBAGAI PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN Suplinta Ginting; Alvi Syahrin; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The role of a victim and/ or victim’s family in a penal court is merely a witness, they are never involved to determine how long a charge or sentence is handed down to the Perpetrator. A victim and/ or victim’s family often feel unjust that creates disbelief in the law. The results of the research show that forgiveness is recognized in Islamic Law as it is regulated in the Koran and Hadiths of The Prophet Mohammed; while in Indonesian Law, forgiveness is a part of the customary law and is stipulated in the Bill of the Penal Law Article 55 paragraph (1) letter j. Forgiveness is given in order to insure justice, legal certainty, to uphold the dignity and pride of the victim and/ or the victim’s family, to liberated the Perpetrator from guilt and to settle the conflict between the Perpetrator and the victim and/ or victim’s family. The formulation of forgiveness in the Islamic Penal Law can reduce and even can discharge the Perpetrator from the sentence, except in hudud crime (offenses against God); while in the Bill of the Penal Law, formulation of forgiveness is merely something to be considered by the judge in handing down a verdict. Keywords: Forgiveness, Victim and/ or victim’s family, Islamic Penal Law, Bill of the Penal Law.

ANALISIS HUKUM PENGUASAAN TANAH BEKAS HGU OLEH PETANI PENGGARAP (STUDI PENGUASAAN TANAH BEKAS HGU PT.PERKEBUNAN NUSANTARA II OLEH KELOMPOK TANI BERJUANG MURNI DESA MARINDAL 1) Saddam Hussein; Syafruddin Kalo; Hasim Purba; Edy Ikhsan
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The polemic against access to the distribution of land since the colonial era until now has not found the light of many already the regulations of the Constitution and the MPR TAP until the following rules governing the ownership, designation and management of land. Sometimes the law looks like it is unfair to the peasants, but if it is to be said the law has been arranged in such a way as to ensure legal certainty and legal justice. The problem lies in the state institutions that do not quickly see the problem of land as the case of the former HGU PTPN II area which in fact the land must be linked to the implementation of Landreform in Indonesia.The rights to work on the land have not been clearly written like other rights in the Basic Agrarian Law, but can be interpreted and found in some UUPA Articles and in other laws related to the implementation of land reform, on State lands designated as The object of redistribution is first given "permission to work" before being increased its right to property rights. The lands that are the object of redistribution in the framework of land reform implementation, as specified in PP no. 224 of 1961 which amended by PP 41 of 1964. After the lands are designated as objects of redistribution, the Bupati as the official in charge of implementing land reform in the regency area issues the license to work on the redistribution recipients as determined by Keppres 55/1980 and Kep.MDN No.38 1981. Permit to apply is granted For a maximum period of 2 (two) years and to tenants shall be obliged to pay to the State equal to one third of the harvest or money worth of it. The chronology of the struggle of this purely struggling peasant group began in 2000 which after expiration of the period of the Right to Use Business PT. Perkebunan Nusantara II Marendal Garden I community ran the land by cultivating to increase the daily necessities of life due to the monetary crisis that befell their family life at that time, so with such conditions that Village Head Marendal 1 (Surya Ratsin) and Pataksak Head (Nasbul Siregar) issued and issued Land Acquisition Letter (SKT) on former Land Usage (HGU) land of PTPN II Marendal Village 1, for example: SKT number 592.1 / 4086-3- issued by Village Head and based on information Submitted by the Head of Village and Camat that a part of the above mentioned land will be issued Certificate (SKT) from the sub-district number 592.1 / 408603. Keywords : Hak Guna Usaha, Garapan Rights Society , PTPN II

PEMBAGIAN HARTA BERSAMA KARENA PERCERAIAN BAGI MASYARAKAT ADAT BATAK TOBA (Studi Kasus Terhadap Putusan-Putusan di Pengadilan Negeri Pematangsiantar Antara Tahun 2011-2016) Cristina Natalia Tarigan; Rosnidar Sembiring; Utary Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Marriage under Article 1 of Law No. 1 of 1974 concerning Marriage of the inner birth bond between a man and a woman as husband and wife in order to form a happy and eternal family or household based on the One Supreme Godhead. One of the causes of marriage breakup is due to divorce. Divorce is the breaking up of a legal marriage before a court Judge. The consequences of the breaking of marriage will cause various problems that is against the child, the status of husband and wife, and to marital property. Article 37 of Law No. 1 of 1974 concerning Marriage when marriage is terminated due to a divorce, joint property is regulated according to their respective laws (religious law, customary law and court rulings). Speaking of marriage, divorce, sharing of common property and death is inseparable from the religious rules and customary rules for indigenous Batak Toba people. The classification of the distribution of common property in Batak Toba community registered in Pematangsiantar District Court Year 2011-2016 there are two decisions. The formulation of the problem in the thesis research is how the division of joint property due to divorce under the Act No.1 of 1974 on Marriage and based on customary law of Batak Toba. How is the application of Law No.1 of 1974 about Marriage to Toba Batak custom law related with division of joint property because divorce. What is the legal judgment made by the Judge of the decisions on the distribution of joint property due to a divorce in the Pematangsiantar District Court. The type of research in preparing the thesis is an empirical or sociological juridical research method. The nature of the thesis research is descriptive analytical. The results of the study when using the Law No. 1 of 1974 on Marriage regulate in Article 37 stating that if marriage is terminated due to divorce, property is regulated according to their respective laws (religious law, customary law, court decision). The division of joint property is then valued in amounts to be divided in half to the parties, referring to Article 128 of the Civil Code. The establishment of Law No. 1 of 1974 on Marriage gives effect based on the application of Marriage Law which is based on husband and wife position in marriage with shared shared property. The basis of judges' consideration is based on Articles 35, 36 and 37 of Law No. 1 of 1974 concerning Marriage of joint property shall act in agreement of both parties. Suggested in the distribution of common property for indigenous Toba Batak people in case of prior dispute with non litigation or custom lane. If it can not resolve it customarily then it can pass through litigation lane in State Pengadlilan in order to obtain equal distribution. Keywords: Marriage, Divorce, Division of Joint Property, Judge's Decision, Customary Law of Batak Toba.

PERANAN JAKSA TERKAIT ASAS DOMINUS LITIS BERDASARKAN SISTEM PERADILAN PIDANA DI INDONESIA Johannes Pasaribu; Alvi Syahrin; Muhammad Ekaputra; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of the authority of prosecutors in Indonesia in prosecution is closely related to the principle of dominus litis. In accordance with the principle of dominus litis, the determination and control of prosecution policy is only in one hand, namely the prosecutor's office. Prosecutors conduct investigations only in connection with certain crimes. This leads to the need to review the authority of the prosecutor on the investigation and prosecution in the Indonesian Criminal Justice System linked to the dominus litis principle. Regarding the formulation of the regulation of the authority of the prosecutor at the stage of investigation and prosecution as an attempt to renew the criminal procedure law in Indonesia is associated with the dominus litis principle. Keywords: Prosecutor, Dominus Litis, And Prosecution

ANALISIS YURIDIS TERHADAP PELAKSANAAN REKLAMASI PULAU G JAKARTA UTARA (STUDI PUTUSAN NOMOR: 193/G/LH/2015/PTUN-JKT) Ivana Novrinda Rambe; Suhaidi Suhaidi; Syamsul Arifin; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One development which is closely related to living environment is Reclamation. It is a development effort and/ or activity to reclaim land at the river bank or seashore. It is stipulated in the Presidential Regulation No. 122/2012 on Reclamation at the Coastal Areas, the Law No. 27/2007 on the Management of Coastal Areas and Small Islands in conjunction with the Law No. 1/2014 on the Management of Coastal Areas and Small Islands and Article 34 paragraph (1). The reclaimed areas are used for agriculture, housing, industry, shopping center or business, and tourism resorts. This has led reclamation to be permitted. However, there are some problems arising in the establishment license of reclamation; namely the Decree of Governor No. 2238/2014 dated December 23, which is the license for reclamation of Pulau G in Teluk Jakarta. It is resisted by some elements of the society because it has caused them some loss. It resulted in a claim against the ruling to the State Administrative Court in the Decree No.193/G/LH/2015/PTUN-JKT. Keywords : Reclamation, Environment, G Island North Jakarta.

PENERAPAN DIVERSI OLEH HAKIM DALAM MENDAMAIKAN ANAK PELAKU DAN KORBAN TINDAK PIDANA PENCURIAN (Studi di Pengadilan Negeri Medan) Roland Tampubolon; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Medan District Court has dealt with 165 juvenile criminal cases in the last two years, 2015 and 2016, and 91 of the cases are dealt with theft done by children. The data from Medan District Court show that theft by minors is the most frequently found cases handled by the judge in Medan District Court in the last two years; more than half of all cases, which are mostly pronounced a sentence by the judge. That there are many cases of diversion failure in Medan District Court indicates that there is diversion failure in police or judiciary level. This condition has encouraged the author to bring up the title “The Implementation Of Diversion By Judge To Juvenile Thefts And Victims Of Theft Crime (A Study At Medan District Court).” Keywords: Theft Crime, Diversion

TANGGUNG JAWAB DIREKSI ATAS LAPORAN KEUANGAN PERUSAHAAN PUBLIK Rumata Rosininta Sianya; Bismar Nasution; Ningrum Natasya Sirait; Sunarmi Sunarmi
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the organs of a company is Board of Directors that are fully responsible for the management, interest, and goals of a company and representing the company either in or outside of court of law (persona standi in judicio). Public company with applies the principle of transparency requiring the Board of Directors to periodically provide a financial report to Badan Pengawas Pasar Modal (Bapepam) as regulated in the Regulation of Bapepam No. VIII.G.7. Board of Directors of Public Company are required to issue a Letter of Responsibility of Board of Directors for the Financial Report signed by President Director and Financial Director. If an information /material fact inflicting loss to the third party is found in the financial report, according to Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7, the Board of Directors of Public Company is jointly and severally reponsible for the injured parties. Therefore, the writer is interested in doing a study entitled “The Responsibility of Board of Directors for the Financial report of Public Company”. The criteria determining whether or not the Board of Directors made an offense in terms of signing a statement stating the responsibility of Board of Directors for the financial report inflicting loss to the party outside of the company can be seen from the substance of the financial report whether or not it was made under good faith and full of responsibility for the proper purpose of the company, whether or not the Board of Directors had applied the standard of care that they were avoided from negligence that can inflicting loss to other parties, whether or not the Board of Directors had been beyond their authority, not only to what is prohibited in the statutes of the company but also to the existing regulations or public order (ultra vires), and whether or not the Board of Directors made their business decision based on rational basis. The form of the responsibility of the Board of Directors for the financial report according to the Law on Limited Liability Company and the Regulation of Bapepam No. VIII.G.7 in the case of incorrect or misleading information/material fact inflicting loss to other parties was a joint responsibility off all members of the Board of Directors of the public company because whether or not the substance of the letter of statement of the Board of Directors related to the financial report was correct, was binding and become juridical responsibility of all members of the Board of Directors of public company, considering that President Director and Financial Director signing the financial report acted for and on behalf of the company as long as the principles of duty of care, good faith and rational basis in drafting and preparing the financial report were applied by the President Director and Financial Director, all of the members of the Board of Directors are required to have a joint responsibility for the loss inflicted to the third party. Keywords: Responsibility, Financial Report, Public Company

PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP Aca Surya Putra Zai; Alvi Syahrin; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, it can be seen that the criminal responsibility of the director as an individual for the crime of environmental destruction occurred during the director has the authority to prevent the occurrence of violations or to improve the situation. Whereas the criminal liability of the director representing the organs of a limited liability company for criminal acts of environmental destruction can be identified under the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, since due to his position within the company has an obligation to take action to ensure that such violations will not occur as regulated in Article 116 and Article 117 UUPPLH. The development of the direction of criminal liability in the future in the case of criminal acts of environmental destruction has been terminated with the issuance of Perma No.13 of 2016 on the Procedures of Handling Criminal Acts by the Corporations. This regulation provides the basis for law enforcement officials, in the handling of criminal cases involving the perpetrators of corporations and / or corporate directors / administrators. Keywords: Accountability of Director, Limited Liability Company (PT), Crime, Environmental Degradation

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Sumatera utara

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