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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 469 Documents
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Penyelenggaraan Dana Desa Berdasarkan Prinsip Akuntablitas Dan Transparansi Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa di Kabupaten Langkat Hartina Hartina; Faisal Akbar; Mirza Nasution; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The implementation of the autonomy of the village led to the needs of a large Fund for each village to manage the Government's village. The construction of the rural area is a mix of development between villages in one district/city in an effort to speed up and improve the quality of service, development and empowerment of village community in the rural area through approach participatory development. Based on background. such research will be analyzed inaugural village Fund, channelling procedure mechanism budget funds from the state budget to the village village and barriers in the system of organizing the village Fund with the object of research done in the County Langkat. The implementation of village funds consists of original village income, Regional Budget and Expenditures (APBD) and State Budget (APBN). The administration of village government affairs which become village authority is funded from the Village Budget (APBDesa), central government assistance, and regional government assistance. Obstacles in the Village Fund Delivery System include the Low Synchronization Between Village and District Level Planning, the amount of Village Fund Allocation (ADD) as a support for government administration operations is still limited, Lack of intensity of Village Fund Allocation (ADD) socialization to the community, Village Government claims difficulties to prepare an Accountability that is in accordance with the specified standards.   Keywords: village development, village fund, local government, state finance
Analisis Yuridis Pemberian Justice Collaborator Pada Pelaku Tindak Pidana Narkotika : Studi di Kejaksaan Negeri Karo Pola Martua Siregar; Madiasa Ablisar; Muhammad Ekaputra; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Disclosure and verification of the perpetrators of narcotics crimes requires the provision of justice collaborators in resolving the narcotics crime. This was done so that law enforcement officials, especially in the Karo District Prosecutor's Office were able to uncover an organized narcotics crime in Tanah Karo. Therefore, it is necessary to examine the need for Justice Collaborators in an effort to uncover the occurrence of certain criminal acts, legal arrangements regarding justice collaborator in Indonesia and the application of justice collaborators to perpetrators of narcotics crimes in the Karo District Prosecutor's Office.   Keywords: narcotics crime, justice collaborator and prosecutor's office
Penentuan Inside Information Dalam Praktek Insider Trading Di Pasar Modal Indonesia : Studi Perbandingan Dengan Perkara Texas Gulf Sulphur di Amerika Serikat Ilham Rohjadina; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Capital markets are seen as one way to accelerate the development of a country. The capital market is a business sector trading in securities such as stocks, stock and bond certificates. With the capital market companies will be easier to obtain funds, so that economic activities in various sectors can be increased. However, in the world of capital markets one of the problems faced is about insider trading. Insider trading is securities trading carried out by those who are classified as people in companies where securities trading is based on the existence of inside information that is important and contains material facts, where insider trading players expect economic benefits, directly or indirectly. The problems raised in this thesis are how to regulate the law and determine the inside information in the practice of insider trading in the Indonesian capital market with a comparative study on the case of Texas Gulf Sulfur in the United States. Based on these studies, the determination of insider trading in the case of Texas Gulf Sulfur in the United States is done by applying the theory of possibility. The foundation of the United States capital market law is contained in Rule 10b-5 concerning antifraud on the Securities and Exchange Act of 1934. Every transaction on the capital market gets protection and threats from Rule 10b-5. While the regulations governing insider trading in Indonesia are found in Articles 95, 96, 97 and 98 of Law No. 8 of 1995 concerning the Capital Market. According to these regulations, the qualifications of people in the capital market are listed companies or public companies and other companies that conduct transactions with the issuer or public company concerned. Insider trading is a practice done by a company (corporate insider) on stock trading by using information that contains material facts that it has and UUPM prohibits corporate insider.   Keywords: capital market, insider trading, inside information
Badan Usaha Milik Negara (BUMN) Sebagai Termohon Pailit Dalam Kaitan Dengan Undang Undang Republik Indonesia Nomor 1 Tahun 2004 Tentang Perbendaharaan Negara Agnest Elga Margareth; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Business competitiveness today requires BUMN to be competitive with domestic and foreign private businesses. It has to innovate its products in order to be accepted by consumers and it has to have big capital to do it. Since the government does not always provide capital, BUMN has to borrow it from the third party. When it cannot pay off his debt, it has to file bankruptcy to the Court. The overlapping regulations on BUMN bankruptcy makes the third party difficult to dun the loan. The research problems are how about the legal consequence of BUMN bankruptcy on  State’s finance and on confiscation of BUMN assets according to Law No. 1/2004 on State Treasury which is in accordance with the theory of State welfare and the theory of legal entity from the aspect of purposeful wealth. The research used juridical normative with prescriptive and applied legal provision approach, using primary, secondary, tertiary legal materials. The data were analyzed qualitatively. The legal consequence of filing bankruptcy of BUMN, according to Law on State Finance, is that the State is responsible for the debt of BUMN because the State’s wealth and BUMN assets are inseparable. Confiscation can only be done on BUMN assets obtained from the State’s wealth which are sepparated, but it cannot be done on the State’s assets which are managed by BUMN because it is not in accordance with Law on BUMN, Law on State Finance, and Law onj State Treasury. This condition makes creditors difficult in filing bankruptcy and doing confiscation on BUMN which defaults.   Keywords: BUMN, bankruptcy, state finance, state treasury
Itsbat Nikah Bagi Pasangan Suami Istri yang Menikah Sirri Setelah Berlakunya Kompilasi Hukum Islam (KHI) : Studi di PA Medan Tahun 2016 – 2018 Mesdi Tanjung; Hasballah Thaib; Utari Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Marriage Confirmation is a process of confirming a husband and a wife who have done sirri (unregistered) marriage. Its purpose is to obtain marriage certificate for marriage legitimating according to Article 2, paragraphs 1 and 2 of Law No. 1/1974. Basically, its implementation is intended for certain thing as stipulated in paragraphs 1, 2, and 3 of KHI (Compilation of the Islamic Laws). The research problems were how about 1) the procedure of lodging confirmation of marriage for sirri marriage, 2) judge’s consideration in handing down a verdict on the doers of sirri marriage, and 3) the legal consequence of judge’s verdict on sirri marriage in the Religious Court, Medan. The result of the research shows that the procedure of marriage confirmation is filed to the Religious Court in five steps: registering it to the Religious Court in Medan, giving the court a cash advance for the cost of lawsuit, waiting for summon for the court session, attending the hearing, and court’s verdict. The judge’s consideration in handing down the verdict is 1) in the legal ground of lodging confirmation of marriage to the Medan Religious Court whether the applicants have legal ground as specified in Article 7, paragraph 4 of KHI, 2) evidence and legal fact, 3) testimony of witnesses and evidence in the court session, 4) reasons for lodging marriage confirmation, 5) its benefit, 6) since it is traditional in some communities, and 7) it is found in Article 7, paragraph 3, letter (e) of KHI: a marriage of those who have no marriage prohibition according to Law No. 1/1974. This Article is used by the judge in the Medan Religious   Court to accept the marriage confirmation.               The legal consequence of the court’s verdict in accepting marriage confirmation for sirri marriage is 1) viewed from legality, viewed from the aspect of lodging the request for marriage confirmation, and 3) viewed from the aspect of legal standing.   Keywords: marriage confirmation, judge, religious court
Analisis Penerapan Peraturan Menteri Kelautan dan Perikanan RI No. 2/Permen-KP/2015 tentang Larangan Penggunaan Alat Penangkapan Ikan Pukat Hela (Trawls) dan Pukat Tarik (Seine Nets) di Wilayah Pengelolaan Perikanan Negara RI Sebagai Upaya Perlindungan Te Bayu Putra Samara; Syafruddin Kalo; Madiasa Ablisar; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Provisions regarding fishing gear for trawlers around the Indonesian Ministry of Maritime Affairs and Fisheries No. 2 / PERMEN-KP / 2015 concerning the Prohibition of the Use of Fishing Tools for Trawlers and Trawlers (Seine Nets) in the Areas Addressing the Fisheries of the Republic of Indonesia. The use of fishing gear issued is fishing gear for trawlers and trawlers. On September 10, 2016, at around 17:00 West Indonesia Time, there was a burning of KM. Star of the Sea and KM. Kurnia Jaya Welcome to the boat in Asahan Regency and Tanjung Balai City, which is carried out by traditional fishing communities that use nets. At the time of this repair, there was also a persecution by the community of securing a motor boat named KM. Star of the Sea and KM. Kurnia Jaya Selamat, who prevented the burning carried out by the fishing community. The reason for burning is done because the fishing gear that uses the trawl (Trawl) (Trawl Tiger) is not environmentally friendly and the habitat of fish roasted / damages the preservation of the marine environment. The results of the fishing community interviews with fishermen who use puput netting tools explain the causes of the boat ride and the persecution in Tanjung Balai - Asahan related to traditional fishing communities in Asahan Regency and Tanjung Balai City asking for help and support for the operation of motorboats / engines using trawlers " Trawl ”which can result in damage to coral reefs or marine biota habitat and the livelihoods of fishermen using traditional fishing gear. Because it can reduce fish income from the results of the entrepreneurs who use the trawl tool.   Keywords : trawls, seine nets, traditional fishermen
Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Narkotika Di Polsek Sunggal Daniel Marunduri; Syafruddin Kalo; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : According to Article 82 of the Criminal Justice System for Children Act, the child of the offender may be given an action sanction by the judge. In this study, child perpetrators of narcotics crimes charged by the Public Prosecutor with criminal over 7 years imprisonment, was sanctioned action through a diversion attempt by the judge of the Medan District Court. Judge in making this decision using restorative justice approach to the child with legal instrument that is Regulation of The Supreme Court RI No. 4 of 2014 on the Guidelines for the Implementation of the Criminal Justice System for Children Act Diversity, this is contradictary to Article 7 paragraph (2) of the the Criminal Justice System for Children Act, because children who are threatened with imprisonment for 7 years can not be diversified, hierarchically in the legislation, the judge's action is contradictary to Article 7 Law No. 12 Year 2011 on the Establishment of Laws and Regulations. Supposedly, if the judge and the Prosecutor want to apply action sanction, can use the instrument of Article 82 paragraph (3) of the Criminal Justice System for Children Act, considering the legal threat of narcotics crime there is no mention of criminal at least 7 years imprisonment. In principle, the application of action sanctions against children as a form of child protection and can be as an effort to overcome the narcotics crime in children, since children are more likely as victims of crime.   Keywords : child perpetrators, narcotics crimes; and prevention.
Penegakan Hukum Tindak Pidana Narkotika di Kalangan Mahasiswa Pada Wilayah Hukum Polrestabes Medan Dimas B. Samuel Simanjuntak; Syafruddin Kalo; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : The rise of narcotics abuse cases is not only in big cities, but has reached small cities throughout the territory of the Republic of Indonesia ranging from lower middle socioeconomic level to upper middle socioeconomic level. According to the National Narcotics Agency (BNN), there are 5.1 million drug users in Indonesia, and that number is the largest in Asia. Of this amount, 40% of them came from among students. Based on data according to the employment status of drug suspects from 2015 to March 2019 in the jurisdiction of Medan Polrestabes obtained from the Medan Polrestabes Narcotics Unit globally (overall), because this study discusses narcotic crime among students, so this research is not widened to perpetrators from other job status. The data needed is a focus on narcotics offenders from among students only. Associated with data from Table 1 above, there are 123 narcotics crimes among students as many as 123 (one hundred and twenty three) students for a span of 5 (five) years in the Medan Regional Police jurisdiction. This shows that this research is important to do because students are the future of the nation. However, due to several factors causing him to fall into narcotics crime. Keywords :               Narcotics crime; among students; the jurisdiction of Medan Polrestabes.
Tanggungjawab Penyedia Jasa Konstruksi Terkait Kegagalan Konstruksi dalam Pengadaan Barang/Jasa Pemerintah Fitri Yanni Dewi Siregar; Sunarmi Sunarmi; Mahmul Siregar; Detania Sukarja
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. A development project is a legal act carried out by a person or business entity on the basis of an agreement or contract at a certain time and place, which is needed by a user of goods or services in this case the government. In the implementation of construction work, there are certainly many factors that can trigger the failure of construction work, one of them is the incompability of construction work contract, work plan and terms, and the conditions in the field. This mismatch becomes a construction failure that will have an impact on the vulnerability of the building so that there is a risk of failure in the building which can even cause casualties. The failure of construction provisions regarding the rights and obligations of users and service providers in Government Procurement of Goods / Services which has been regulated and stipulated in the construction work contract provisions in the procurement of government goods/services and legislation related to construction services. Forms of legal liability if in the implementation of construction work things happen that are not in accordance with the agreement of the parties, the service users give the service provide an opportunity for service providers to repair and make these improvements will be stated in the contract addendum. To protect the parties, especially those who are disadvantaged in carrying out construction work, the form of legal protection that can be done is by providing preventive legal protection is related to the type of coverage that can be agreed on in construction work contracts that include guarantees and repressively if the implementation of one or both parties commit negligence which can intentionally caused casualties.   Keywords: procurement, construction failure, construction contract
Pelaksanaan Pembinaan Terhadap Narapidana di Lembaga Pemasyarakatan Kelas IIA Pematang Siantar Kesita Eva Lestina Lumban Tobing; Madiasa Ablisar; Muhammad Hamdan; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The penal system adopted by Indonesia is regulated in the act invite N0.12 of 1995, this is implementation of imprisonment, which is a philosophical juridical changes of the prison system into a system. The system of increation emphasizes the element revenge and deterrence are gradually seen as something  systems and facilities that are not in line with the concept of rehabilitation and social reintegration and constitutes absorption and an inseparable part of values  contained in Pancasila and the 1945 constitution, from the result of the study showed that arrangement of training programs for prisoners in class IIA Pematangsiantar. Participants in the construction program are under construction personality and independence in the implementation has not been implemented optimally caused by several things, namely there is no separation construction of gender, age, type of crime, long sentence up not in accordance with the objectives of coaching, then the quality of human resources, number of construction workers, constructions budgets, and facilities  and facilities nt yet available adequate, for this reason, this is recommended that Pematangsiantar Class IIA penitentiary be recommended  to further enhance human resources for officers I employees the penitentiary with a variety of trainings, as well perform the construction in accordance with the rules in place.   Keywords: penal system, Coaching, inmate

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