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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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Analisis Yuridis Terhadap Denda Piutang Iuran BPJS Ketenagakerjaan Yang Tidak Dibayar Oleh Perusahaan Yang Terdaftar (Studi di BPJS Ketenagakerjaan Kabupaten Labuhan Batu Selatan) Muhammad Haris; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : In the implementation of payment of the Manpower Social Security Organizing Agency (BPJS), the employer is obliged to pay contributions on time in accordance with the program being followed. If the participating companies are late or in arrears in payment of the Employment Social Security Agency (BPJS) contributions, they may be subject to a fine of 2% (two percent) of the total contributions of the Employment Social Security Agency (BPJS) of Employment that must be paid by the employer company that has already been paid registered. In its implementation in South Labuhanbatu Regency, payment of contributions and fines of the Social Security Organizing Agency (BPJS) of Manpower are not carried out entirely by registered companies. Employers/companies only pay contributions from the Social Security Organizing Agency (BPJS) in arrears without paying fines, but strangely enough the Employee Social Security Organizing Agency (BPJS) must continue to receive payment in arrears without any delay, even though it is worth knowing the State income. in the sector of the Social Security Organizing Agency (BPJS) the employment is reduced. Non-compliance in paying contributions due by employer companies to the Social Security Organizing Agency (BPJS) can continue to occur due to unclear legal consequences for registered companies. As for the problems arising, namely: regarding legal certainty of the imposition of fines on contributions from Manpower Social Security Organizing Agency (BPJS) for Labor; legal consequences for the participating companies if the Manpower Social Security Agency (BPJS) contribution receivable penalties are not paid; and barriers to collection of contribution fines for receivables from the Social Security Organizing Agency (BPJS) of Branch Office (KCP) Labuhanbatu Selatan Pinang City as well as the efforts that have been made.   Keywords : fee receivable fines; social security organization of employment; and participating companies
Pengujian Alat Bukti Dalam Penetapan Tersangka di Praperadilan : Studi Kasus Putusan Praperadilan di Pengadilan Negeri Jakarta Selatan Danang Dermawan; Syafruddin Kalo; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. To protect human rights, especially against suspects or defendants, the KUHAP regulates a pretrial institution. Arrangements regarding pretrial are limitative and not all forced efforts can be submitted to pretrial requests. However, through the Decision of the Constitutional Court Number 21 / PUU-XII / 2014, adding the testing of the determination of suspects, searches, and seizure into the pretrial authority. However, the weak rules that only consist of 7 articles, namely Article 77 of the Criminal Procedure Code up to article 83 of the Criminal Procedure Code so that the testing of the validity of a suspect's determination is focused on the process of collecting evidence. Pre-trial verdict No. 97 / Pid.Prap / 2017 / PN.Jkt.Sel, No 36 / Pid.Prap / 2015 / PN.Jkt.Sel, No. 32 / Pid.Prap / 2015 / PN.Jkt.Sel, and No. 127 / Pid.Prap / 2016 / PN.Jkt.Sel became the focus of attention in this study. The formulation of the problem in this thesis research is how to find evidence in the determination of suspects by KPK investigators on the four pretrial decisions, how to test evidence in the determination of suspects in pretrial trials by judges who decide on the four pre-trial decisions, and how the KPK's legal remedies cancellation of the determination of suspects in the four pre-trial decisions. The results showed in finding evidence on the determination of suspects in the pre-trial verdict which by KPK investigators is basically carried out by KPK according to KPK SOP Number 01/23/2008 Year 2008 and updated 2015 KPK SOP by finding at least two evidences so that the Investigation Order has stated name of the suspect. Keywords: pretrial, determination of suspects, testing of evidence, legal efforts.
Penerapan Pengakuan Bersalah Terdakwa sebagai Justice Collaborator dalam Sistem Peradilan Pidana Indonesia : Studi Putusan Pengadilan Negeri Pekanbaru Nomor 683/Pid.Sus/2016/PN Pbr. Rizky Novia Karolina; Ediwarman Ediwarman; Madiasa Ablisar; Muhammad Hamdan
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Defendant’s testimony as evidence has been known in the Indonesian criminal justice since HIR was in effect which was regulated in Article 307 HIR. After the KUHAP was promulgated, it was changed to defendant’s testimony which only states that he has committed a criminal act as it is being sued while in the evidence it has a broader scope which includes his testimony and denial.The implementation of defendant’s pleading guilty as justice collaborator is found in the Verdict No.683/Pid.Sus/2016/PN.Pbr in which the defendant is legally proven guilty of committing criminal act in drug abuse. On his pleading guilty, he is appointed as a justice collaborator, and the police develop the investigation until the real perpetrator.The reform of the criminal justice system in Indonesia in the RUUKUHAP accommodates defendant’s pleading guilty through Special Lane of the Plea Bargaining System which is relevant to Special System in Article 199RUUKUHAP in which a defendant pleads guilty of his illegal act with the sanction of less than 7 year-imprisonment, the public prosecutor can turn over the case to a brief interrogation and can simplify the long process of criminal justice in order to realize the principle of simple, quick, and inexpensive Administration of Justice. Keywords: pleading guilty, justice collaborator, plea bargaining
Konseptualisasi Pengaduan Konstitusional (Constitutional Complaint) Sebagai Salah Satu Upaya Perlindungan Hak Konstitusional Warga Negara Christo Sumurung Tua Sagala
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Constitutional right is basic right of citizens which guaranteed the Constitution. Constitutional right must be protected and honoured by all of department state authority. Therefore there must be a legal remedy as a mechanism to achieve such protection so that the rights owners can defend their rights if happened violation. Constitutional Complaint is one of Law remedy. By Constitutional Complaint, the Constitutional protection right of citizens will more maximum, because citizens can propose supplication directly if they fell there is right which loss. Constitutional Court as Guardian and The Protector of the Constitution of The Republic Indonesia 1945, is the state institutions which deserve to be given the authority to finish the problem Constitutional Complaint. Many supplication which consist subtantion of Constitutional Complaint have been proposed to Constitutional Court is one of important reason of giving authority to Constitutional Court to finish the problem of Constitutional Complaint. Method of collecting data is done by literature review, observation, interview, and then the data is analized and make conclusion from all of data which has been got. The result from research that Constitutional Court of The Republic Indonesia hasn’t authority to finish the problem of Constitutional Complaint. Keywords: constitutional right, complaint
Ekstradisi Pelaku Tindak Pidana Korupsi yang Melarikan Diri Keluar Negeri Oleh Kepolisian Negara Republik Indonesia Berdasarkan Ketentuan Hukum International Criminal Police Organization (ICPO/Interpol) Dio Poliando Panggabean
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Interpol is an organization which is formed to coordinate cooperation between police throughout the world. The intensity of crime increasing and very sophisticated technology is used nowadays makes it easier for criminals to flee outside their country's territory. The extradition treaty plays an important role in being able to arrest suspects of criminal acts of corruption who have escaped abroad so that the law enforcement process can be carried out against the suspected perpetrators of corruption in Indonesia. The formulation of the problem in this study is how is the general legal regulation of international criminal police organizations (ICPO/ Interpol) in the field of extradition of perpetrators of corruption crimes who have fled abroad, how the extradition mechanism of perpetrators of corruption in Indonesia has escaped the country carried out by the Indonesian police and how the obstacles faced by the Indonesian national police in carrying out international cooperation. The results of the discussion of the problems that arise in this study are international cooperation agreements that have been ratified by the two countries, where the Indonesian police submitted a request to the state government where the perpetrators of corruption have escaped. The requested state government processes the extradition request by requesting authentic evidence of the perpetrator's complete identity. The process of implementing extradition is hampered because there is no international cooperation agreement in the field of extradition which has been ratified by the Indonesian government with the state government where the perpetrators of corruption have escaped, so that the request for extradition is rejected by the state.   Keywords: corruption; ICPO ;Interpol; fleeing abroad.
Pemberantasan Tindak Pidana Money Laundering yang Berasal dari Tindak Pidana Narkotika Juna Karo-Karo; Bismar Nasution; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. One of the original crimes in the crime of money laundering is property acquired from narcotics crimes. Property acquired from the crime of narcotics transactions by both individuals and corporations is not directly used because of fear or indications of money laundering activities. For this reason, the perpetrators always try to hide the origin of these assets in various ways which include trying to include them in the financial system, ways taken in the form of hiding or disguising the origin of the assets with the intention of avoiding tracking efforts by the authorities. law enforcement as money laundering. The problems raised in this study, namely how the form of criminal law policy in overcoming the crime of money laundering originating from criminal acts of narcotics, the mechanism of criminal law enforcement against money laundering crimes originating from criminal acts of narcotics, and obstacles in the enforcement of criminal law against money laundering crimes originating from narcotics crime. In accordance with the above problems as for the purpose of this study is to find out and analyze the form of criminal law policy in dealing with criminal acts of money laundering originating from narcotics crime, the mechanism of criminal law enforcement against money laundering crimes originating from narcotics crimes, and obstacles barriers to criminal law enforcement against money laundering crimes originating from narcotics crimes. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.  Keywords: law enforcement, money laundering, narcotics crime.
Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Manipulasi Informasi Elektronik Dalam Transaksi Transportasi Online : Studi Putusan Nomor 143/Pid.B/2018/PN. Lmg Barry Sugiarto; Ediwarman Ediwarman; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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  Abstract. Existing online transportation services namely online taxis and online motorcycle taxis where online transportation uses smartphone technology to connect consumers with available drivers near the consumer's position, with the existence of this online transportation business not only benefits consumers but also benefits drivers, but the benefits the driver has resulted in many people registering as online transportation partners, this makes high competition between online transportation drivers. The high competition among drivers makes some drivers try to justify various ways to overcome the competition in order to continue to benefit where some drivers do is to do illegal access, which is the activity of manipulating or hacking the work system of online-based transportation applications to reap profits without having to deliver passengers so that they still get incentives from the online transportation company.  The issues raised in this study, namely how the regulation of criminal law against the criminal acts of manipulation of electronic information in online transportation transactions, criminal liability for the perpetrators of the manipulation of electronic information in online transportation transactions based on Lamongan District Court Decree Number 143/Pid.B/2018/PN.Lmg, and law enforcement efforts against the crime of manipulation of electronic information in online transportation transactions, especially in the Decision of the Lamongan District Court Number 143/Pid.B/2018/PN.Lmg. To find answers to these problems, this research uses descriptive analytical normative legal research, in which normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. Keywords: criminal liability, manipulation, information, electronic data.
Pertanggungjawaban Pidana Pejabat Pembuat Komitmen Akibat Terjadinya Kerugian Keuangan Negara Dalam Pengadaan Barang/Jasa Pemerintah Dina Karlina Amri Lubis; Alvi Syahrin; Budiman Ginting; Hasim Purba
USU LAW JOURNAL Vol 7, No 6 (2019)
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Abstract.Government procurement has a positive impact on the economy and national development, but the success of procurement in moving the national economy has always been the Foundation of the land deeds of criminal acts of corruption that contribute cause a loss of the country. Official Commitment Maker as executing the budget and one of the principals of procurement faced with responsibility over any Government-issued rupiah to get the right goods and services (value for money).  Seen from the aspect of the law, legal risk in government procurement have three (3) legal systems, namely, administrative law, civil law, and criminal law. Not understanding law enforcement officers against the third character of the legal system that works in the procurement, implies the occurrence of errors in the application of the law, in particular the application of the law of criminal corruption in the event of the occurrence of financial loss State and potentially tofor review by law enforcement officials, made witnesses, even defined as a criminal act corruption suspects. The condition, causing the onset of apathy from the perpetrator, with procurement were not willing to be appointed as procurement, specifically designated as Official Commitment Maker. As for, the problems raised in the research thesis, first: how the criminal law aspects of Corruption in Government procurement of goods/services, these two: how the Criminal Liability of officials due to the occurrence of Commitment Makers financial losses The country in Government procurement of goods/services, and third: How legal protection of officials of financial Losses due to Commitment Makers State in Government procurement of goods/services. Fulfillment of responsibility in government procurement could be distinguished in two forms, namely the responsibility of Office and criminal liability. Criminal liability is the parameter elements of tort law (wederrechtelijk) and abuse of authority based upon the nature of the error on purpose (dolus) and neglect (culpa), when these elements are met, then the Act of conducted by Officials have met the commitment maker indications of corruption in article 2 and 3 of Act No. 20 of 2001 changes to the Act No. 31 of the year 1999 about the eradication of criminal acts of corruption, so that personal accountability leads to criminal liability.   Keywords: governmentprocurement, criminal liability, state officials PPK
Perbedaan Pandangan Hakim Dalam Penetapan Tersangka Sebelum dan Sesudah Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014 Afrizal Chair Nawar; Syafruddin Kalo; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In practice, the use of pretrial mechanisms is often not optimal, which can be seen from the lack of use of this mechanism in criminal proceedings. In fact, pretrial is the right of all suspects/defendants when their civil liberties are confiscated, besides that there are differences in the Supreme Court's attitude towards the determination of suspects through pretrial processes in a number of decisions, making the new legal problem now, therefore a legal study is needed to discuss differences attitude towards these pretrial decisions. The problems raised in this study, namely how is the legal regulation of the determination of suspects through pretrial decisions according to criminal procedural law, legal arguments for differences in attitudes of the Supreme Court regarding the determination of suspects before and after the Constitutional Court Decision Number 21/PUU-XII/2014, and differences the views of judges in pretrial regarding the determination of suspects after the birth of the Constitutional Court Decision Number 21/PUU-XII/2014. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.   Keywords: pretrial, determination of suspects, judges.
Perlindungan Hukum Pemegang Hak Merek Terkenal Terhadap Penjualan Barang Palsu Merek Soffell Lotion : Studi Putusan Mahkamah Agung Nomor: 503 K/PID.SUS/2016 Agung Firmansyah; OK Saidin; Tengku Keizerina Devi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Brand is part of the form of intellectual work, in the trade of goods /services, the brand is the identity of a company that has an important role for the smooth and increased trade in goods / services. In a trade, there is a competition, where greater trade competition can encourage other people to trade by falsifying goods on a brand, especially a well-known brand that results in losses for the brand owner. Lack of supervision and enforcement of counterfeiting of brands in Indonesia has resulted in a lot of circulation of counterfeit goods. Therefore, the government is expected to be more assertive in overseeing the circulation of counterfeit goods, especially the Soffell Lotion brand, and to take firm action against counterfeiters who do not have good intentions, so that justice is created in the middle of society. This type of research is normative legal research, where the approach towards the problem is carried out by reviewing the applicable laws and regulations according the agreements and other legal materials . The nature of this research is descriptive analyst because this research will reveal the facts and analyze the legal phenomena that exist nowadays. This research analysis uses the deductive method to draw conclusions from the general to the specific. That is the way of thinking in general conclusions based on specific facts. Legal protection against a well-known brand needs to be done, because an act done intentionally and without rights by using the same brand in its entirety with another party's registered brand for similar goods or services that are produced and / or traded is a trademark violation. In national law, the protection of a well-known brand is regulated in Article 21 paragraph (1) of the Brand Law and Geographical indications, and the protection of a well-known mark according to international law can be seen from the Paris Convention and TRIPS Agreement which requires that member countries to protect a well-known Brands. In determining the fame of a brand, it can be seen in Article 21 paragraph (1) letter b of Law Number 20 Year 2016 concerning Brand and Geographical Indications, which is based on the general public's knowledge, promotion and marketing on a large scale, as well as Investments in several countries in the world which is carried out by the owner and accompanied by proof of registration of the brand in several countries. Keywords: counterfeiting, protection, famous brand

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