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ASPEK HUKUM PERLINDUNGAN KONSUMEN DALAM KEBIJAKAN STANDAR NASIONAL INDONESIA (SNI) TERHADAP INDUSTRI ELEKTRONIK RUMAH TANGGA DI SUMATERA UTARA (STUDI PADA PT. NEO NATIONAL MEDAN) Roli Harni Yance S. Garingging; Runtung Runtung; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesian National Standard (SNI) was adopted by the International Standard Organization (ISO), the ISO adopted in particular fan of the International Electronic Commission (IEC). If businesses do not implement the SNI shall be sanctioned by Law No. 8 of 1999 on Consumer Protection. Problems arise when businesses are implementing SNI should produce in terms of trials to get SPPT-SNI. For example, be appointed PT. Neo National was to test the feasibility of the product quality brands such as Fan “SiJempol”. Products PT. Neo National was not obtained SNI, but TPPBJ Team (Team Supervisor Circulation of Goods and Services) found that the fan was in factory PT. Neo National has not been certified SNI. Therefore, PT. Neo National alleged to have committed violations of consumer protection in the field of producing goods that are not SNI. Provisions charged to PT. Neo National was Article 62 Paragraph (1) Jo. Article 8 Paragraph (1) Letter a and e. Law No. 8 of 1999 on Consumer Protection. In the meantime, to get SPPT-SNI, all businesses required to conduct due diligence on the quality Industrial Research Institute of Standardization. To test the feasibility of quality, these businesses also have to produce the goods samples for testing. This research was conducted to obtain legal certainty in the field of SNI for businesses who are implementing SNI. Barriers experienced by manufactures are SNI setting that overlap with consumer protection. Arrangements; Attitutde of PPNS-PK were unprofessional and proportionate; and Lact-disregard the Ministry of Industry in guiding businesses. Key Word : Indonesia National Standard; Consumer Protection; Implementation of SNI.

KEKUATAN EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN PENGEMBALIAN UTANG PEMBIAYAAN BERMASALAH PADA PRAKTIK PT. BANK MUAMALAT INDONESIA, TBK CABANG MEDAN Sherhan Sherhan; Tan Kamello; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The spirit of the birth of the Mortgage Act was a solution for the banking sector in terms of having control collateral that debtor financing problems as a source returns. After doing research on practice in PT Bank Muamalat Indonesia, Tbk which carry out executions Mortgage as a loan repayment guarantees for customers financing problems and the results are not significantly the maximum. Parate execution and real implementation of execution has its own weaknesses and loopholes. Parate execution as UUHT has advantages in terms of legal loopholes guarantee control assets that are still occupied because mandatory evacuation filed suit to state court of domicile, in addition to the implementation of parate execution may also lead to a lawsuit or opposition from its own customers with reasons to be implemented through the courts. While the implementation of the execution of real legal certainly for directly by the district court through the command chair of the district court, but the process will take a long time because it must go through several stages of the process execution like Aanmaning, Determination confiscation execution, Execution of confiscation execution, Determination and the auction process. It’s make obstacles for the Bank's business turnover in healthy NPF (Non Productive Financing), this is a problem for the Bank in disbursing financing to the community. Keywords : Financing problems, Mortgage, Parate Execution, Real Execution

PERTANGGUNGJAWABAN PIDANA TERHADAP PERKAWINAN POLIGAMI TANPA PERSETUJUAN ISTRI YANG SAH (STUDI PUTUSAN MAHKAMAH AGUNG NO. 330K/PID/2012) Zaid Alfauza Marpaung; Syafruddin Kalo; Madiasa Ablisar; Utary Maharany Barus
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal Responsibility is the continuation of reproach objective of the offenses and subjective to a person eligible to be sent to jail for his actions. Criminal Rensponsibility lead to comprehension basically bear the punishment of the perpetrators of criminal acts. Elements of criminal responsibility among others unlawful act, error, delibérate, responsable abilities. Arranged in polygamous marriage law No 1 of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 on The implementation of the law of Marriage and Compilation of Islamic law for the adherents of the religión of Islam. Polygamous marriages that do not meet the requirements as specified by law No 1of 1974 concerning Marriage, Goverment Regulation No 9 of 1975 in The implementation of the law of Marriage and Compilation of Islamic, one of them without the consent of the lawful wife (Study of The Supreme Court Decisión No 330K./Pid/2012) a criminal offensed. Criminal sanctions stipilated in Article 45 letter a Goverment Regulation No 9 of 1975 on The Implementation of the law of Marriage which is the crime of administration and also subject to the providions of Article 279 paragraph 1 of The Criminal Code which is a crime against civil position. This study was conducted to determine the criminal responsibility of the polygamous marriage without the consent of the legitimate wife (Study of The Supreme Court Decision No 330K/Pid/2012). Type of research is the study of normative. This study uses data collection methods legal literature. Data analysis was done qualitatively, making it easier to analyze the problems which will be discussed later , interpret and draw conclusions. Based of the result obtained can be concluded consideration of the judge to criminal liability study of The Supreme Court Decision No 330K/Pid/2012 polygamous marriage without the consent of the legitimate wife. The judge believes the defendant meets the criminal elements set forth in the provisions of Article 279 paragraph 1 of The Criminal Code and the defendant has meet the elements of criminal responsibility is unlawful act, error, delibérate, responsable abilities.

PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PERPAJAKAN MELALUI PENERAPAN UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Suranta Ramses Tarigan; Syafruddin Kalo; Bismar Nasution; Sunarmi Sunarmi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tax is the biggest revenue resources for a country. Tax criminal act results in inflicting loss to the country itself. Law on tax has been amended for three times until the enactment of Law No.28/2007 as the Third Amendment of Law No.6/1983 on General Provision and Taxation Procedures. The other law that can be applied as the form of seriousness in preventing and eradicating tax crimes is through the application of Law No.8/2010 on Money Laundering Perevention and Eradication as the policy of government to prevent and eradicate the criminals especially the tax criminals that they cannot practice money launderinh anymore. Keywords: Tax Criminal Act, Money Laundering Criminal Act

PRINSIP KETERBUKAAN SEBAGAI PERLINDUNGAN INVESTOR DALAM TRANSAKSI LUAR BURSA (OVER THE COUNTER) SEBAGAI TRANSAKSI DALAM PASAR MODAL INDONESIA Meisy Kartika Putri Sianturi; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bapepam Rule Number: III.A.10 on securities transactions issued in 1997, among other terms governing the transaction outside the stock exchange, the inter-company transactions between the company's securities or securities with other parties that are not regulated by the stock exchange, and transactions between persons who are not corporate securities. This study aims at finding out 1). How arrangements and transactions practice OTC (over the counter) in the Indonesian capital market 2). How does the principle of openness as an investor in a transaction protection OTC (over the counter) in the Indonesian capital market 3). What forms of fraud that occurred in the transaction counter (over the counter) and the urgency of forming regulations that accommodate OTC transactions investor protection. It was found out that 1). Bapepam Regulation No.III. No.A. 10 of the Securities Transaction no offensive presence OTC transactions (over the counter) but not a complete set of the transactions OTC (over the counter). 2). This could lead to legal uncertainty in practice-counter transactions (over the counter) and less protection for investors who transact OTC (over the counter). Unlike the practice of OTC transactions in foreign countries such as the United States, Hong Kong and Singapore where the transaction OTC (over the counter) specifically stipulated in a separate regulation. The absence of special arrangements for OTC transactions (over the counter) in the Indonesian capital market led to the lack of transparency as a principle of regulation in particular the protection of investors in the transaction OTC (over the counter). 3). Instances of corruption that occurred in transactions outside the stock exchange is the inaccurate information that issuers of securities companies more concerned with function brokerage fee without losing the security aspect, which is often distorted information data and value securities issuers. Keywords: Transactions, Over the Counter, Disclosure Principles, Investor Protection, Indonesian Capital Market

ANALISIS YURIDIS PELEPASAN AREAL HAK GUNA USAHA PT.PERKEBUNAN NUSANTARA II (PTPN II) KEPADA PT.KAWASAN INDUSTRI MEDAN (PT.KIM) Lamtiur Imelda P Nababan; Syafruddin Kalo; Bismar Nasution; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The legal status the Management Rights No. 1, 2, and 3 has been owned by PT KIM (Persero) because there is no revocation of the Management Rights Certificate by the National Land Board, and there is no Court’s verdict which states that the Management Rights No. 1, 2, and 3 are revoked or no legal enforcement. The renunciation of the Leasehold Land Area No. 10 has been in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 on the Guidance for Transfer of Ownership of fixed assets of State Owned Enterprises. Besides that, the renunciation of the leasehold land area is not in the status of dispute because the Leasehold Certificate No. 10 has been issued 5 (five) years and 3 (three) months, but Tugimin and associates do not file a complaint in the written form to the holder of the certificate and to the Head of the Land Office or do not file a complaint to he Court about the possession of land and about the issuance of Leasehold Certificate No. 10 on June 19, 1994. Therefore, based on Article 32, paragraph 3 of the Government Regulation No. 24/1997 on Land Registration, Tugimin and associates cannot file any complaint, and the resolution of dispute on the crop land in the leasehold land area of PTPN II, which has been renounced to PT KIM was done through mediation. Keywords: Judicial Analysis on the Renunciation of Leasehold Land Area of PTPN II to PT KIM

PENGAKUAN KEDUDUKAN ANAK DI LUAR PERKAWINAN DALAM KAJIAN HUKUM POSITIF Noviyanti Wulandari Sitepu; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal consequence caused by a legal marriage is that the child, born from it, will be a legitimate child who has civil law relationship with the parents. On the other hand, an illegal marriage will not have any ralationship with legal consequence. A child from an illegal marriage will become the target of social law caused by the biological mother and the genetic father. The position of as child plays an important part in a marriage although the father may not recognize his child when the latter comes from an illegal marriage. The recognition of a child’s position is merely as a ‘recognized child’ (natuurlijk erkendkind) and not as a legitimate child (wettig kind) without being followed by a legal marriage. It can be formulated some problems as followed : 1) how about the background of a child’s position from an illegal marriage in the study of positive law, 2) how about the recognition of an illegitimate child’s position in the study of positive law, and 3) how about the implementation of an illegitimate child’s civil right in the study of positive law. Research better way to solved problem or to find answer from principal deduce and then systematic planning. Methodology is a logic based from scientific research. From the result of the research, it can be concluded that for the case which needs the provision of a marriage, judges do not need to refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010. They only needs to examine the completesness of evidence and hears witnesses who are prensented as applicants. For the case of recognizing an illegitimate child, judges refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010 as the consideration for the sake of the child. Keywords : Illegitimate Child, Recognition of Illegitimate Child, Civil Right of Illegimate Child.

KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA JUDI ONLINE YANG DILAKUKAN MARKAS BESAR KEPOLISIAN REPUBLIK INDONESIA (MABES POLRI) Maria Margaretta Sitompul; Madiasa Ablisar; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Criminal act of gambling is set up in a variety of regulations in Indonesia, namely Article 303 of the Criminal Code, 303 bis of the Criminal Code, Law no. 7 of 1974 on Gambling Control. In particular online gambling regulated in Article 27 paragraph (2) of the Act ITE. Coverage gambling within the context of Article 27 paragraph (2) of the Act ITE are in the context of Article 303 bis of the Penal Code and Article 303 of the Criminal Code. In the investigation of online gambling, the investigator based Act ITE and Criminal Procedure Code. Countermeasures of online gambling in penal done with arrest, detention, search and seizure. Countermeasures non-penal done by cyber patroling. There are several inhibiting factors in Countermeasures the crime of gambling online, inhibiting factor in terms of the law, which is where the investigator difficulty of implementing Article 43 paragraph (6) of the Act ITE., lack of quality and quantity of investigators. not given compensation as a form of tribute to the investigator for his achievements. Terms of the legal culture of society is the number of Indonesian society in the category of poor, high unemployment, cultural lazy to earn money with a short path with gambling. gambling has become a tradition in many areas. Keywords: criminal policy, countermeasures, criminal act, online gambling

ANALISIS HUKUM TERHADAP INVESTOR INSTITUSIONAL SEBAGAI SALAH SATU PENENTU FAKTA MATERIL DALAM PRINSIP KETERBUKAAN DI PASAR MODAL Efendi Tambunan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Capital market is one part of the financial market, that are important for national development in general , especially for the development of the business as an alternative source of external financing by company. The stock market will always have ups and downs , as indicated by the signs of bullish or bearish , which is influenced by information or material facts. There are three principles that must be adhered to in the capital market , namely disclosure ( transparency ) , fairness ( honesty ) , investors protection. The results of the study led to the conclusion that material information under the Capital Market Law are, first, information or relevant facts regarding the events. Second , the fact that can affect the price of securities and or decisions of investors. Other conclusion is information about the entry of institutional investors to trade in the stock market is a material fact , because it can affect the price (which is reflected in the rise and fall of Composite Index) , and also affects other investors to trade . Key words : Investor Institutional , Material Fact, Principle of Transparency

PERTANGGUNGJAWABAN PIDANA TERHADAP KEGIATAN MENGEDARKAN PRODUK SEGAR HORTIKULTURA IMPOR YANG TIDAK SESUAI DENGAN STANDAR MUTU DAN/ATAU KEAMANAN PANGAN MENURUT UU NO.13 TAHUN 2013 TENTANG HORTIKULTURA Kartina Pakpahan; Alvi Syahrin; Mahmud Mulyadi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Distributing Imported Horticultural Fresh Products to consumers takes a long time or days so that they have to meet the quality standard and/or food security so that they will be safe to be consumed and will not harm consumers health and social welfare. Article 88 Paragraph 1 and 4 of law No.13/2010 on Horticulture regulate responsibility that everyone who distributing imported horticultural fresh products have to meet quality standard and/or food security. Criminal provision expressly stated in the article 128 and 129 of law No.13/2010 on Horticulture, anyone who distributing imported horticultural fresh products that do not meet the quality standard and/or food security required criminally accountable for his actions because it is very harmful to human health both present and future generations. The Criteria of quality standard and/or food security is stipulated in PP No.28/2004 on Food, Quality and Nutrition. Criminal responsibility, applied to perpetrators in criminal act and implemented in the principle of “no crime without any fault”. Fault aspects can be in the form of taking responsibility, willfulness or negligence and excusing liability. The three aspects cannot be separated since they depend on one to another consecutively, an indispensable element for legal subject to be accountable committing the criminal act distributing imported horticultural fresh products that do not meet the quality standard and/or food security. Legal subjects that anyone can be responsible consist of Individuals,Official Empowered to have autority in giving permit, supervision in distributing imported horticultural fresh products, and corporate comprising legal entity and is not a legal entity.

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Journal Mail Official
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Kota medan,

Sumatera utara

INDONESIA