cover
Article Per Year (5 Year)
All
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
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 469 Documents
 2   3   4   5   6 
PERANAN MANAJEMEN RISIKO DALAM TUGAS DAN TANGGUNG JAWAB DIREKSI BANK BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Andy Andy; Mahmul Siregar; Suhaidi Suhaidi; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.668 KB)

Abstract

ABSTRACTBank as a financial intermediary institution often takes a risk of giving negative effect on economy and banking growth. In order to avoid the risk, every management (in this case, board of directors) has to apply risk management in order to give the picture of the loss which be faced by the Bank. Risk is applied by director management in order that the Bank does not undergo loss; therefore, he should keep clients’ finance properly and keep people’s trust. The application of management risk is implicitly stipulated in Law on Banking in due diligence principle and explicitly in PBI No. 11/25/PBI/2009 on Risk Management for Public Bank. If the application of risk management is applied by the director properly and the Bank still undergoes the loss, it is not the director’s responsibility personally. If the loss is caused by the director’s negligence and the lack of carefulness and good faith so that the Bank undergoes the loss, he is personally responsible for it.Keywords: Banking Risk Management, Director’s Responsibility
ANALISIS PUTUSAN HAKIM PERADILAN PIDANA TERHADAP PENCABUTAN PERKARA DELIK ADUAN ( STUDI PUTUSAN MAHKAMAH AGUNG NO. 1600 K/PID/2009) Muhammad Yusuf Siregar; Madiasa Ablisar; Mahmud Mulyadi; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.92 KB)

Abstract

ABSTRACTArrangement complaint about a crime has been arranged expressly in the Book of the Law of Criminal Law Article 72-75 of the Criminal Code. Complaints that have been filed may be withdrawn if still within the grace period of 3 ( three ) months after the complaint is filed ( Article 75 of the Criminal Code). The practice of the law in the Supreme Court decision No. 1600 K/PID/2009. Supreme Court Justice existing legal provisions in the Criminal Code with the advanced legal purpose of restoring the balance that occurs due to a crime and restorative justice teachings that conflict is not simply a crime as a violation of state and public interest but a conflict also represent disrupted and broken relationship between two or more individual in public relations . The panel of judges who handle cases in the decision No.1600 K/PID/2009 has given consideration First Objective of criminal law that is to restore the balance that occurs between the perpetrator and the victim because of the criminal act ; Second : It has been done for peace between the perpetrator and the victim ; Third : To maintain individual relationships within social relationships , especially parties to the conflict are bound family relationship is between the law and the law; Fourth : that the teaching of restorative justice that the judge must be able to facilitate conflict resolution satisfactory to unite the parties to the dispute.
ANALISIS KOMPARATIF YURIDIS KEBIJAKAN ANTIDUMPING ANTARA INDONESIA DAN FILIPINA Novie Andriani Kesuma; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.122 KB)

Abstract

ABSTRACTDumping is the practice of selling commodities in foreign markets at less than normal value. The member countries of GATT / WTO have used instruments of antidumping duties against unfair trade practices and allows members to apply anti-dumping duties. Indonesia and Philippines are part of members in WTO and have ratified the GATT-WTO provisions and should have an obligation to obey all the set provisions to their national laws. Although in the application of anti-dumping provisions, Indonesia and the Philippines are still referring to the provisions in the Antidumping Agreement, but the application of laws regulations is different. The differences are to determine the normal value of antidumping policy in Indonesia does not regulate the export price calculations based on CIF or FOB. Other factors that may affect the normal value as exchange value of the currency, Antidumping policy in Indonesia also not set up a special relationship between a producer and an exporter that should be excluded in the determination of the domestic industry and about the protection of domestic industry in Indonesia is regulated Antidumping Policy on Custom Law, while in Antidumping policy in Philippines is set in its own provisions.Keywords : Antidumping, Comparative
PELAKSANAAN FUNGSI PENGAWASAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP KINERJA EKSEKUTIF DI KOTA MEDAN Jhonny Nadeak; Pendastaren Tarigan; Faisal Akbar Nasution; Agusmidah Agusmidah
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.19 KB)

Abstract

ABSTRACTLocal government system as the consequence of the democratric country that adheres to the deconcentration, decentralization and local autonomy principles goves the right to the local governments to significantly take care of their own domestic affairs as optimal as possible. The supervisory function of the members of regional legislative council was comprehensively regulated, but it was only limited to checks and balance without law enforcement authority. The implementation of the supervisory function of the members of regional legislative council against the peformance of the City Government of Medan in 2011 has not owned the ideal controlling system yet. The actions taken by the members of regional legislative council were merely in the forms of recommendation, criticism, suggestion and continuous monitoring.Keywords: upervision, Regional Legislative Council, Performance, City Government of Medan, Local Autonomy
ANALISIS HUKUM PIDANA TERHADAP PENCURIAN IKAN DI ZONA EKONOMI EKSKLUSIF INDONESIA WILAYAH PENGELOLAAN PERIKANAN REPUBLIK INDONESIA (STUDI PUTUSAN NO: 03/PID.SUS.P/2012/PN.MDN Marudut Hutajulu; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (470.239 KB)

Abstract

ABSTRACTIndonesia as an archipelago has an abundant of fish resources. Geographically, Indonesia is located strategically, for which this condition becomes a challenge, and it is our responsibility to maintain, guard, and conserve these resources. This strategic condition will automatically attract foreign ships to do illegal fishing, particularly in ZEEI (Indonesian Exclusive Economy Zone) in the Area of Fishery Management of the Republic of Indonesia. The result of the research showed that the consequence of the illegal fishing in the area of fishery management of the Republic of Indonesia by foreign fishermen is very big; it amounts to 30 quintillion rupihs each year. It is recommended that, in order to cope with the criminal act of illegal fishing in the Area of Fishery Management of the Republic of Indonesia, particularly in the Indonesia Exclusive Economi Zone, the government should be serious in enlarging the budget for the supervision and furnish equipment and infrastructure which are related to supervision.Keywords: Criminal Act of Illegal Fishing
KEKUATAN MENGINGKAT KLAUSULA SYARAT BATAL DALAM KONTRAK BISNIS YANG MENYAMPINGKAN KETENTUAN PASAL 1266 DAN PASAL 1267 KUH PERDATA Christopher Iskandar; Ningrum Natasya Sirait; Runtung Runtung; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.23 KB)

Abstract

ABSTRACT The termination clause in business contracts that overrules the Article (s) 1266 and 1267 of the Civil Code serves to protect the creditors on one side but on the other side is detrimental to the debtors when they fail to carry out the performance. Some of the problems formulations in this thesis are how the binding strength of the termination clause that overrules the Article (s) 1266 and 1267 in business contracts and how the impelementations of the executions are to the business contracts with the termination clauses that overrule the Article (s) 1266 and 1267 of the Civil Code. The parties must be consistent with the agreement to overrule the Article (s)1266 and 1267 of the Civil Code so that the termination clause is binding. Futhermore, exceptio non adimpleti contractus and bad faith are some factors that cause the termination clause that overrules the Article (s) 1266 and 1267 of the Civil Code to not be binding. Finally, the implementations of parate executie should refer to The Verdict of Constitutional Court No. 70/PUU-VIII/2010 that strengthens the position of parate executie as fulfillment of performance for creditors to sell the mortgage objects without the fiat (order).
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMALSUAN MEREK PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK Alimuddin Sinurat; Runtung Runtung; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (425.461 KB)

Abstract

ABSTRACT   In Law No. 15/2001 on brand, the caharacteristics of the criminal act of brand counterfeiting belong to the statement that all criminal act of brand counterfeiting is a violation that it is more to private than public law in nature, the characteristic of criminal law is increasingly less raised, the ordinary offense is changed into a crime on complaint, and the imprisonmentis reduced from 7 years to a maximum of 5 years. The law enforcement resulted in the uncertainty of law and justice. Different court decisions based on different criminal charge and even different imposed articles are given to the matters of the same cases. Therefore, the crime on complaint shall be changed into ordinary offense and the criminal act of brand counterfeiting shall also be considered as a criminal act not as a violation only.   Keywords: Brand, Characteristics, Criminal Act, Brand Counterfeiting, Law Enforcement
ANALISIS YURIDIS PEMBERIAN KREDIT OLEH KOPERASI TERHADAP PENGUSAHA KECIL DAN MENENGAH BERDASARKAN UU NO.17 TAHUN 2012 TENTANG PERKOPERASIAN (Studi Pada Koperasi Kredit Union Sejahtera Tebing Tinggi) Gunawan Sibarani; Tan Kamello; Mahmul Siregar; Keizerina Devi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (416.545 KB)

Abstract

ABSTRACT   Cooperatives as people’s economic movement give their contribution to small and middle businesses in increasing the welfare, especially for their members. A cooperative is both the guidance for people’s economic policy and a part of national economic order. How is the regulation of giving credit to small and middle businesses according to Law No. 17/2012 on Cooperatives? How is the implementation of giving credit to small and middle businesses at Koperasi Kredit CU Sejahtera, Tebing Tinggi? Are there any obstacles and how to solve them? The regulation of giving credit in Law No. 17/2012 on Cooperatives should be in savings and loan. In this case, the credit at Koperasi Kredit CU Sejahtera, Tebing Tinggi is given only to its registered members. The main obstacle is the incapability of its members to pay off the credit. It is recommended that the cooperative adapt its statutes to Law No. 17/2012 on Cooperatives by amending USP to KSP, giving credit should be based on the capability and compatibility, and special advisors who give sanction to fraudulent field workers should be supported. Kata Kunci    : Savings and Loan Cooperative, Small and Middle Businesses, Kopdit CU Sejahtera Tebing Tinggi
ANALISIS HUKUM TERHADAP KEWAJIBAN SERTIFIKASI ISPO (INDONESIAN SUSTAINABLE PALM OIL) DALAM KAITANNYA DENGAN PERTUMBUHAN INVESTASI DI INDONESIA (STUDI PADA PT REA KALTIM PLANTATION – JAKARTA) Mutiara Panjaitan; Alvi Syahrin; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.837 KB)

Abstract

ABSTRACT Both Indonesian Sustainable Palm Oil (ISPO) and the Roundtable on Sustainable Palm Oil (RSPO) are equally defined as a palm oil certification system that adheres to the principles of sustainable and environmentally growth for all plantation company. RSPO certification is a voluntary that differs from the ISPO which is compulsory (mandatory). ISPO obligations arises from the enactment of the Minister of Agriculture No. 19/Permentan/OT.140/3/2011 Guidelines on Sustainable Palm Oil Indonesia. For PT Rea Kaltim Plantation, as an RSPO certified and has obtained another sustainable and environmental certification, the obligation to implement ISPO regulation become the polemic since such regulation will obligated PT Rea Kaltim Plantation neither from the financial nor for the government aspect. Eventually, the status of the ISPO should be analyzed, since there is an argument that ISPO has no legal binding/legal force, meanwhile, according to the Agriculture Ministry which stated that the ISPO regulation is binding and has legal force, therefore, every Indonesian palm oil companies should become  the subject to such requirement.  ISPO legislation is binding by law because under the Article 8, paragraph (2) of Law No. 12 2011, states that the rules can be established by such authority. ISPO requirement is established by the duties and authority of the Ministry of Agriculture and therefore this requirement has any legal binding/legal force that set up for it. The higher legislation, equal to the Presidential Decree should be released in ordered to established ISPO requirement; the failure of the Government in promoting ISPO certification must be addressed; In addition of oversight the regulation of ISPO, the Indonesian oil palm companies should remained firm and commit in applying ISPO certification and. Keywords      : Roundtable on Sustainable Palm Oil (RSPO), Indonesian Sustainable Palm Oil (ISPO) Regulation, and Legal Position ISPO Regulation
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERSETUBUHAN PADA ANAK (ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR: 1202 K/PID.SUS/2009) Panca Hutagalung; Muhammad Hamdan; Mahmud Mulyadi; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (462.97 KB)

Abstract

ABSTRACT Law No. 23/2003 on Child Protection is initially intended to protect children and to ensure their safety by providing security for their rights. Nevertheless, sexual harassment toward children often occurs and indicates its escalation even though it is regarded as a felony. How about the regulation on sexual harassment according to the criminal law in Indonesia, how about the enforcement of criminal law in judex facti in the case of sexual harassment toward children under the Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn, and how about the enforcement of criminal law in judex juris on sexual harassment toward children under the Verdict No. 1202K/Pid.Sus/2009.The research used juridical normative method with prescriptive analytic. Sexual harassment toward children is regulated in the Criminal Code, in Law No. 23/2003 on Child Protection, and in Law No. 23/2004 on the Abolition of Violence in Household. The enforcement of criminal law in judex facti under the  Verdict No. 2417/Pid.B/2008-Mdn, in conjunction with the Verdict No. 38/Pid/2009/PT-Mdn is in line with law of criminal procedure. Handing down a verdict is based on the authentication  theory according to law negatively and follows fault theory although the victim’s fault is not considered. The enforcement of criminal law in judex juris under the Verdict No. 1202K/Pid.Sus/2009 is in line with law of criminal procedure and reflects the theory of the victim’s fault. Keywords: Law Enforcement, Sexual Harassment, Child.

Page 4 of 47 | Total Record : 469

 2   3   4   5   6 

Filter by Year

2013 2019


Reset
Filter By Issues
All Issue Vol 7, No 7 (2019) Vol 7, No 6 (2019) Vol 7, No 5 (2019) Vol 7, No 4 (2019) Vol 7, No 3 (2019) Vol 7, No 2 (2019) Vol 7, No 1 (2019) Vol 6, No 6 (2018) Vol 6, No 5 (2018) Vol 6, No 4 (2018) Vol 6, No 3 (2018) Vol 6, No 2 (2018) Vol 6, No 1 (2018) Vol 5, No 4 (2017) Vol 5, No 3 (2017) Vol 5, No 2 (2017) Vol 5, No 1 (2017) Vol 4, No 4 (2016) Vol 4, No 3 (2016) Vol 4, No 2 (2016) Vol 4, No 1 (2016) Vol 3, No 3 (2015) Vol 3, No 2 (2015) Vol 3, No 1 (2015) Vol 2, No 3 (2014) Vol 2, No 2 (2014) Vol 2, No 1 (2014) Vol 1, No 2 (2013) Vol 1, No 1 (2013) More Issue