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ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA TIDAK MELAPORKAN PENEMUAN BENDA CAGAR BUDAYA BERDASARKAN UU NO 11 TAHUN 2010 TENTANG CAGAR BUDAYA ( SUATU PENELITIAN DI KOTA BANDA ACEH ) Muhammad Ryan Rainaldi; Alvi Syahrin; Suhaidi Suhaidi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indoensia’s legal system is based on the principle of legality, which means that no one can be punished without the force of the existing legislation. In the Act No 11 Year 2010 on Cultural Heritage, it is clear that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those violate them. Considering the title and the topic of this research, the discussions of this criminal provision only focus on criminal act of unwilling to report the property of cultural heritage stipulated in Article 23 paragraph (1) and Article 26 paragraph (4) along with Article 102 and Article 103 Act No 11 Year 2010 On Cultural Heritage. Theactionis categorized as criminal acts in Act No 11 Year 2010 on cultural heritage stipulated from Article 101 to Article 112 which states that on Cultural Heritage, there are several articles containing the provisions of criminal sanctions for those who violate them. The obstacles in applying the criminal sanctions towards the act of “unwilling to report” the Discovery of Property of Cultural Heritage in Gampong Pande Banda Aceh are divided into two specific obstacles which are internal and external obstacles. The criminal liability and procedure supposed to be applied towards the act of unwilling to report the discovery of property of cultural heritage occurred in Gampong Pande Banda Aceh which is national Law is not used in handling this case because the Government of Aceh through the Department of Tourism and Culture allows the Banda Aceh citizens to gain profits from the discovery of ancient gold coin in krueng pande to pay zakat based on Aceh Qanun Regulation No 10 Year 2007 on Baitul Mal, article 19 paragraph 8. Thus, the regulation becomes an excuse for the crime in Article 102 and 103 Cultural Heritage Act occurred in Banda Aceh since the validity of Lex Specialis derogate lex generalis, where a special law overrides the common law. Keywords : Criminal Act, Unwilling to Report, Property of Cultural Heritage

GABUNGAN PERKARA TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN MAHKAMAH AGUNG NO. 1294 K/PID.SUS/2015) Oki Yudhatama; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Supreme Court Decision No. 1294 K/PID.SUS/2015 on corruption and money laundering, the convicted person named Mohammad Bahalwan was sentenced to imprisonment for corruption, namely 14 years imprisonment and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 8 (eight) months and punishes the defendant to pay the replacement Rp. 337,429,393,537,00 (three hundred thirty seven billion four hundred twenty nine million three hundred ninety three thousand five hundred thirty seven rupiah) where the payment deadline is 1 (one) month after the decision of permanent legal force. However, if not paid will be replaced with imprisonment for 5 (five) years. The imposition of sanctions is due to the convict proven to violate Article 2 paragraph (1) of Law no. 31 Year 1999 on the Eradication of Corruption. Keywords: Corruption, Money Laundering and Evidence

ANALISIS PEMBERIAN HAK-HAK NORMATIF TERHADAP TENAGA KERJA ALIH DAYA SEBAGAI TENAGA KERJA PENUNJANG KEGIATAN OPERASIONAL OLEH PT. BANK SUMUT (STUDI DI PT. BANK SUMUT) Rizki Alisyahbana; Suhaidi Suhaidi; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this study, the study was conducted at PT. The Bank of North Sumatra is linked with the planned appointment of thousands of TKAD’s to non permanent Non-Career Employees, resulting in 90 (Nineteen) TKAD’s not applying to new outsourcing companies considered to have resigned. As a result of the resignation, the TKAD is in accordance with the provisions in force at PT. Bank of North Sumatra and Cooperation Agreement on Manpower Services Delivery No. 01 / DKU-RT / SPj / 2014 dated January 28, 2014 between PT. Bank of North Sumatra with PT. Purna Karya Sejahtera was awarded "severance pay". However, the provision of severance and separation money is calculated as much as 65% of the Pension Plan (JHT) money from the Employment BPJS Program d/h Jamsostek, so the TKAD is not accepted and there are 9 (Nine) TKAD PT. Bank Sumut filed a Industrial Relations Dispute Lawsuit to the Industrial Relations Court at the Medan District Court demanding the payment of severance pay, gratuity and separation money from PT. Bank Sumut and PT. Purna Karya Sejahtera. Keywords : Outsourcing Labor; Severence Pay; and PT. Bank Sumut.

ANALISIS YURIDIS OPERASI TANGKAP TANGAN (OTT) DALAM PERKARA TINDAK PIDANA KORUPSI SEBAGAI UPAYA PEMBERANTASAN DAN PENCEGAHAN KORUPSI (STUDI PADA POLRESTABES MEDAN) Ucox Pratua Nugraha; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption takes place at every level and aspect of community life, ranging from Administering Building Permits (IMB), procurement projects in government agencies to law enforcement itself. There are some who argue that corruption has become a culture for the people of Indonesia. Without realizing it, corruption arises from a habit that is considered normal and commonplace by the general public, such as giving gifts to officials / civil servants or their families as a service reward. The habit is commonly seen as part of an eastern culture. This habit gradually became the real seed of corruption. The practice of corruption has been so great in coloring the everyday life of the Indonesian nation. Regarding M. Hatta's opinion, corruption in such a situation is already regarded as a nation's culture. In this research try to analyze the Operation Hand Capture (OTT) conducted by Tim Saber Pungli Subnit Tipikor Polrestabes Medan whether can be made as effort eradication and prevention of corruption, or not. The short chronology of OTT Tim Saber Pungli Subnit Correctional Polrestabes Medan in the Implementation Unit Weighing Motor Vehicles (UPPKB) / Timbang Bridge Sibolangit, Deli Serdang District, Jamin Ginting Road Bandar Baru Village, Sibolangit Subdistrict, Deli Serdang Regency, North Sumatra Province. Keywords : Operation Hand Capture; Corruption; and Polrestabes Medan.

ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM MINORITAS DALAM PERUSAHAAN TERBUKA Wina Wina; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal protection for minority shareholders in a public company is being so crucial because their interest is related to public interest. Moreover, the minority shareholders are always prone to be exploited by majority shareholders or Directors and Commissioners of the company, and they can do anything which harms minority shareholders. Besides that, weak protection for minority shareholders can have the impact on the development of capital market industry so that protection for them should be accommodated. This thesis discusses the problem of legal principles for the protection of minority shareholders in a public company, the norm of protection for minority shareholders in a public company on capital market field legislation, and inefficiencies in the protection. Keywords : Legal Protection, Minority Shareholders, Public Company

PENERAPAN PASAL 55 UNDANG-UNDANG NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (STUDI DI UNIT PPA SAT.RESKRIM POLRESTABES MEDAN) Gabriellah Angelia Gultom; Madiasa Ablisar; Muhammad Ekaputra; Chairul Bariah
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Domestic Violence is not a new thing. Moreover the issue of Domestic Violence (KDRT) concerns also the issue of human rights. The existence of domestic violence can be caused by the lack of respect in fulfilling basic human rights. These basic human rights include equal rights and obligations within the law. The criminal acts of domestic violence committed by a husband to his wife or otherwise are often regarded as common in a family. Usually if there is domestic violence, both the perpetrator and the victim cover it. Because it would be considered a disgrace for their family. In fact, the act of violence is an act that violates the law and of course the perpetrators may be subject to criminal sanctions set forth in Law no. Law No. 23 of 2004 on the Elimination of Domestic Violence. All forms of domestic violence, in the event that the proof is stipulated in Article 55 of the PKDRT Law, which provides that as a valid evidence, the testimony of a victim witness is enough to prove that the defendant is guilty, if accompanied by a valid evidence others. This means that even the victim's witnesses who testified that he or she experienced domestic violence by their husbands or wives plus a valid evidence, the husband or wife as perpetrators can be held accountable in criminal cases. In addition to being added with one piece of evidence, domestic violence should be done within the scope of the household. Keywords : Criminal Act; Domestic Violence; and Polrestabes Medan. PENDAHULUAN

PENYELESAIAN SENGKETA MEDIK ANTARA DOKTER DAN PASIEN DI RUMAH SAKIT UMUM PERMATA BUNDA MEDAN Rabithah Nazran; Suhaidi Suhaidi; Mahmud Mulyadi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The medical dispute resolution in health is a part that never be released in health care in Indonesia The problems discussed in this thesis research are: First: how to resolve the medical dispute between doctor and patient at Permata Bunda General Hospital Medan?, Second: how is the responsibilities between doctor and patient at Permata Bunda General Hospital Medan?, Third: barriers what happens in the implementation of medical dispute settlement between doctor and patient at Permata Bunda General Hospital Medan? The method used in this study is the normative juridical and empirical juridical reference to the legal principles in the form of conception, norms, rules of law and collecting, finding data and information through case studies on the resolution of medical disputes between doctors and patients at Permata Bunda General Hospita Medanl. The nature of this thesis research is descriptive analysis. Technique of collecting data in this thesis research that is collecting of primary data with field study and collecting secondary data is by librarystudy. The conclusion in this thesis research is the resolution of medical disputes between doctors and patients at the Permata Bunda General Hospital Medan in civil law provides an alternative way of providing dispute settlement outside the court. Alternative Dispute Resolution (ADR) or alternative dispute resolution consists of conciliation, negotiation, mediation and arbitration. An analysis of cases of dispute resolution between doctors and patients at the Permata Bunda General Hospital Medan is the case of S.H. Siregar and M. Tarigan with the doctors and the Permata Bunda Medan General Hospital Medan that have been completed with the mediationpath. Keywords: Medical Dispute, Doctor, Patient, Permata Bunda General Hospital Medan.

PENANGANAN PEKERJA SEKS KOMERSIAL DITINJAU DARI PERDA KOTA MEDAN NO 6 TAHUN 2003 TENTANG LARANGAN GELANDANGAN DAN PENGEMIS SERTA PRAKTEK TUNA SUSILA DI KOTA MEDAN Ramadani Ramadani; Edy Ikhsan; Rosnidar Sembiring; Mirza Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The issuance of Perda Medan No. 6/2003 on the Prohibition of Bums, Beggars and Prostitution in Medan consisting of 7 articles is related to legal studies made and is aimed at realizing Medan to be Bestari city which is capable of handling prostitution in Medan. Prostitution is contradictory to religious and moral norms in the society in Medan. The number of prostitutes in Medan is still very high. Prostitutes are easily found at road sides of Medan from early evening until dawn. The policy made by Medan Municipality to overcome practice of prostitutes in Medan since 2003 is that it has issued a Perda (Regional Government Regulation). Medan Municipality coordinates with Social Agency of Medan and Polisi Pamong Praja (Civil Servant Police) Unit. The prostitutes caught in the raids are sent to Rehabilitation Center of Parawasa, Brastagi to implement the policy. The obstacles encountered by Medan Municipality to overcome prostitution in Medan consist of many factors such as the essence of the Perda. Other obstacles are contributed by the law enforcers whose work is not yet optimal; the law enforcement is influenced by internal and external factors. Keywords: Handling, Perda, PSK (Prostitution)

ANALISIS YURIDIS TERHADAP PENGATURAN PERAN TNI DALAM MENANGGULANGI TINDAK PIDANA NARKOTIKA Irwan Charles Sitompul; Bismar Nasution; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the cooperation undertaken BNN with TNI that has the task of maintaining security and defense Indonesia where cooperation set out in the Memorandum of Understanding between the National Narcotics Agency with the Indonesian National Army is No. NK/29/V/ 2015/BNN, No. Kerma 14/V/2015 dated May 13, 2015 on military assistance to BNN in the framework of the Prevention and Combating Drug Abuse and Illicit Narcotics and Narcotics Precursor and Rehabilitation abusers and addicts Narcotics and Narcotics Precursor. The essence of this MoU is an optimization function of supporting community empowerment and anti-abuse and illicit trafficking of narcotic drugs and precursors; dissemination of information and advocacy on the prevention of abuse and illicit trafficking of narcotics and precursors as well as the inspection of drug trials against military personnel. Keywords: Narcotics, the Indonesian Armed Forces and Law Enforcement

PERKAWINAN SEMARGA DALAM HUKUM ADAT MANDAILING (Studi di Desa Manegen Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan) Ardina Khoirunnisa; Rosnidar Sembiring; Idha Aprilyana; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Mandailing society using the system of kinship patrilineal people, who know and use the term clan groups. Clan name is in fact the forerunner of a group of relatives according to the lineage of the father. The implementation of customs and customary law in public life carried out based on the structure and Mandailing systems customary law called Dalihan Na Tolu. Mandailing society has a marriage exogami, therefore semarga under the terms of the marriage customs of the Mandailing is prohibited. The prohibition of marriage semarga is already washed out in the community due to the influx of Mandailing influence of Islamic law. Formulation of the problem in this research is how the provisions of the customs of the Mandailing about marriage semarga, how the implementation of semarga marriage in the village in Mandailing Manegen society, and whether the legal consequences over the violation of the prohibition of Mandailing society semarga marriage in the village of Manegen.This research is empirical juridical legal research with descriptive research analytical nature. Research location in the village of Padangsidimpuan Sub-district Manegen Southeast Padangsidimpuan Town with a population of 1,120 persons and a sample of 20 people doing marriage semarga. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis. Keywords: Custom Mandailing, Marriage Semarga, Mandailing Society, and Clans.

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