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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
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TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA PENGEMBANG PERUMAHAN DAN KAWASAN PERMUKIMAN DALAM PENYEDIAAN PRASARANA, SARANA DAN UTILITAS UMUM BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN Nurpanca Sitorus; Alvi Syahrin; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT As a housing developer who is responsible for carrying out the construction of the PSU is not free from criminal responsibility if negligent or intentionally does not perform its obligations. Criminal offenses committed by the Real Estate Developer in the provision of infrastructure, facilities, and public utilities in the development of housing and residential areas under Law No. 1 of 2011 on Housing and Settlement Zone, namely mengalihfungsikan infrastructure, facilities, and public utilities outside the function, sell units settlements, before finishing the status of land rights or Lisiba residential environment first, develop the housing, which does not build housing in accordance with the criteria, specifications, requirements, infrastructure, facilities, and public utilities agreed, build housing and / or settlements outside the region specifically earmarked for housing and settlements, build housing, and / or settlements in place that could potentially pose a danger to people or goods Keywords: Crime, Criminal Responsibility, Real Estate Developer and Settlement Regions.
PERAN AUDITOR INDEPENDEN DALAM MELAKUKAN PEMERIKSAAN LAPORAN KEUANGAN PERSEROAN SEBAGAI UPAYA PERLINDUNGAN HUKUM PEMEGANG SAHAM DARI ITIKAD BURUK DIREKSI Omar Akbar Aldian Pinem; Sunarmi Sunarmi; Keizerina Devi Azwar; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Board of directors has an obligation to make an annual report and financial report as the responsibility of the board of directors to stock holders. The audit on financial report functions to guarantee the content of the reports which have been presented properly and in accordance with the general accountancy principle. The presentation of correct financial report is an attempt to protect the interest of stock holders of a certain company. The legal provisions have regulated the implementation of audit on financial report of a company in Indonesia which is an attempt to guarantee the naturalness of the report. An Auditor is a professional who provides his service to gather auditing evidence as the support in expressing his idea on the naturalness of a financial report. An auditor is responsible for his profession, criminal law, administration, and civil law on what he says when it harms other people. The presentation of accurate and true financial statement is a good will of direction in manage the company while manipulation of content of financial statement that cause the loss to the shareholder is a bad will of direction in manage the company that can be prevented by auditing on financial statement. Auditor has a role to appraise the presented financial statement by fulfill the transparancy and accountability as protection to be interest of shareholder especially on the interest or oppeness of material information and in order obtain the accurate statement.. Keywords: Financial Report, Audit, and Protection for Stock Holders
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (Studi Beberapa Putusan Pengadilan Negeri di Indonesia) Perdana Eliakhim Manalu; Suhaidi Suhaidi; Muhammad Hamdan; Hasim Purba
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Criminal sanctions against the perpetrators of acts of trafficking in persons has been regulated in law No. 21 of 2007 about the eradication of trafficking in persons. The disparity of the overthrow of the criminal are basically starting from the sanctions contained in Act No. 21 of 2007 about the eradication of trafficking in persons which opened opportunities due to the minimum and maximum limits of awarding the penalty. The application of criminal sanctions against the perpetrators of acts of trafficking in persons based on some of the verdicts in Indonesia are based on factors that unfold in the first trial, the public prosecutor's Indictment, the two witnesses, the third the fourth accused, details wares fifth and evidence based on clauses in the legislation. Legal measures to prevent trafficking in persons, namely: the first Step to prevention, awareness-raising on the rights, the danger of sexual exploitation or trick used by traffickers. Secondly, the Measures of protection which provides protection to the victim by means of an increase in the legal network, those steps running effective if various forms of guarantee and legal mechanisms in force. Third, step up rehabilitation/restoration of the post-rescue victims from addressing the crime of trafficking, especially victims who have experienced a bad psychological impact of trauma psychology, such as fear and anxiety, prolonged low confidence, guilt.
KEBIJAKAN NON PENAL DALAM UPAYA PENCEGAHAN DAN PERLINDUNGAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG (TRAFIKING) (Studi Kasus Provinsi Sumatera Utara) Rina Melati Sitompul; Muhammad Hamdan; Edy Ikhsan; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The title of this thesis is Non Penal Policy in Prevention and Protection Victims of Human Trafficking (A case study in North Sumatera Province). The basis for choosing this title, namely: The increasing number of victims of trafficking, although the law has clear policies seek to prevent and overcome make the Law Number 21 of 2007 on Eradication of Trafficking in Persons as an umbrella act. Based on the results of this study concluded that non penal policy in the national and local regulations, especially North Sumatra, the context of the prevention and protection of victims of trafficking is done by two approaches: 1) prior to the case, namely by strengthening prevention by each institution as a technical holders through the mechanism of inter-organizational system task force institution / SKPDs Government Ordinance No. 9 of 2008 on Procedures Mechanism Integrated Services For Witnesses and / or Victims of Crime of Trafficking in Persons and Presidential Regulation Number 69 of 2008 on the National Task Force on Crime Prevention and Trafficking in Persons (National Policy) and Governor Decree Number 54 of 2010 facilitate coordination and communication patterns between local institutions to the preparation of the work program set out in Governor Decree  No. 53 of 2010 Governor on of North Sumatra Province Action Plan. 2) Victim protection efforts in the aftermath of the case through the physical and psychological recovery (post-traumatic) in the  integrated services unit or DIC (Drop In Center) home safety (P2TP2A). Efforts to strengthen the non penal policy as a form of prevention of Trafficking in Persons in North Sumatra is done by: 1) maximizing the function of the Provincial Task Force through the coordination mechanisms of Article 10-19 Governor Decree No. 54 of 2010 on the Task Force on Crime Prevention and Treatment of Trafficking in Persons in North Sumatera, but not running optimally in a motivating work program on education for each so that non penal policy objectives have not synergize with the purpose and law function.   Key Words: Non Penal Policy, Prevention and Protection, Human Trafficking in North Sumatera.
PERLINDUNGAN KONSUMEN TERHADAP NASABAH ATAS PENYIMPANAN BARANG DI SAFE DEPOSIT BOX (STUDI PADA PT. BANK PANIN CABANG PEMBANTU TEBING TINGGI) Wahyu Simon Tampubolon; Sunarmi Sunarmi; Hasim Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Safe Deposit Box Service is a kind of services of lending a storage box for property orsecurities which is specifically designed from the materials steel and placed in a space that is sturdy and fireproof for maintaining the security of the things and providing a sense of security for its users. Generally, the items that are stored in a safe deposit box has a high material value and very important for the customers of safe deposit box. Since the interest of people to use the safe deposit boxis high, it is a need to have any rules that protects the customers of safe deposit boxagainst the losses in case of lost or destruction of things stored in the safe deposit box. The bank must provide liability related to the lost or destructions of the thingsstored in the safe deposit box offered by the bank, and also it is a needed to have a special ruleswhich regulating the safe deposit box facilities as well as the resolving disputes related to the used of safe deposit box facilities, so there is a legal form of protection which can be a legal umbrella for the customer and the bank since both parties have a balanced position. Therefore there will be no aggrieved parties associated to the storage agreement of safe deposit box.
PERTANGGUNGJAWABAN PIDANA DALAM KEJAHATAN PERBANKAN Yohana Yohana; Alvi Syahrin; Muhammad Hamdan; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Human economic life at this time is closely related to banking. Banking serves as a crutch to help the needs of human life by running the bank business. Law No. 10 of 1998 defines a bank as a legal entity which collects funds from the public in the form of savings and distribute them to the public in the form of loans and / or other forms in order to improve the living standard of the people. Types of crime in the banking world is related to licensing (the crime of illegal bank), bank secrecy, the bank business, as well as the supervision and guidance of banks. The imposition of criminal responsibility is certainly a must satisfy the two other elements of an error or flaw in the nature of the act and the absence of a good reason for removal of criminal justification or an excuse. Keywords : Criminal Responsibility, Crime Banking.
ANALISIS HUKUM PERATURAN PENERIMAAN PEGAWAI NEGERI SIPIL DI DAERAH MENURUT UNDANG-UNDANG NO. 43 TAHUN 1999 TENTANG POKOK-POKOK KEPEGAWAIAN (STUDI PENERIMAAN PNS DI PEMKO MEDAN) Andi Nova Bukit; Budiman Ginting; Pendastaren Tarigan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract Good governance principle should be a guidance for the government of Medan city in executing candidates for civil servant recruitment. In this research, there are several issues formulation to be discussed namely procedures of acceptance candidates for Civil Servants, procedure of acceptance candidates for Civil Servants in government of Medan city based on the principle of transparency and accountability, and acceptance of Civil Servants in creating good governance in government of Medan city. Procedure of acceptance candidates for Civil Servants in government of Medan city is performed by proposal of mayor, and objectively conducted in collaboration with universities conducted by the Civil Service Agency  and witnessed by the police and the inspectorate of Medan City. Procedure of acceptance candidates for Civil Servant in government of Medan city not been fully carried out the principle of transparency and accountability. Recruitment of civil servants in creating good governance is implemented in accordance with mechanism to be in force in the legislation and the government also sought to implement bureaucratic reforms to create clean governance and authoritative or known more as good governance ( good governance ) as inseparable part of the overall agenda of the government. Key word: Recruitment of Civil Servant
PERLINDUNGAN HUKUM TERHADAP NASABAH ATAS PERBUATAN PIALANG SAHAM YANG TIDAK BERITIKAD BAIK Amrizal Fahmy Fahmy; Bismar Nasution; Keizerina Devi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Legal liability to investors in the stock brokerage stock market is a relationship that is based on contractual relationships. There are responsibilities that must be carried by such broker to sell or buy action based on orders from investors. It is primarily a stockbroker more passive than active in its responsibilities to investors. However, there are actions that can be activated if there is a stock broker it really needed investors. The forms of action were not acting in good faith from a stock broker to the investor is informed not act properly on certain information effects, not informed and deliberate disregard of the use of investor funds were made ​​without the knowledge of investors stockbroker. Given legal protection Law Number  8 of 1995 on Capital Markets and Regulation Number  01 / POJK / 2013 concerning Consumer Protection Financial Services Sector is a legal protection in the form of preventive and repressive.
ANALISIS YURIDIS TERHADAP TINDAKAN PEMBERHENTIAN DENGAN HORMAT PADA ANGGOTA POLRI (ANALISIS PUTUSAN PENGADILAN TATA USAHA NEGARA MEDAN NOMOR 52/G.TUN/2005/PTUN-MDN) Anderson Sirongoringo Sirongoringo; Budiman Ginting Ginting; Pendastaren Tarigan Tarigan; Jelly Leviza
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The regulation on the discharge of police officers is stipulated in Law No. 2/2002 on the Republic of Indonesia State Police and on PP (Government Regulation) No. 1/2003 on the Discharge of Police Officers. The legal enforcement in the case No. 52/G.TUN/2005/PTUN-MDN has been in line with the provision of the prevailing law of procedure. The obstacle faced by judges in executing the Ruling No. 52/G.TUN/2005/PTUN-MDN is caused by the legal provisions which do not firmly regulate the enforcement of execution of the Ruling of the State Administrative Court, the absence of enforcement institution as the executor of the ruling, and the absence of sanction on the non-compliance to the ruling. Plaintiffs’ obstacle in executing the ruling is also related to the absence of a firm regulation in Law No. 2/2002 and in PP No. 1/2003 related to the court’s ruling on discharge. Keywords: Honorable Discharge, Police Officers, Ruling of the State Administrative Court
SANKSI TINDAKAN SEBAGAI SARANA ALTERNATIF PENANGGULANGAN KEJAHATAN PSIKOTROPIKA BAGI PECANDU DAN PELAKU ANAK DALAM PERSPEKTIF HUKUM PIDANA Anggoro Wicaksono Wicaksono; Alvi Syahrin Syahrin; Budiman Ginting Ginting; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One problem arising from the use of narcotics and psychotropic substances by children addict. Children are protected by Law No. 3 of 1997 on the Juvenile Court in which action alternative sanction can be applied to children through the law. The question arises what if the addict child which distribute narcotics and psychotropic substances, whether punitive action is done through sanctions. These questions arise because the child is protected by law while the addict must be severely punished by law. Criminal offenses committed by a child should be seen and understood as a social phenomenon, meaning that one should not give a bad stigma or sign that the child is evil for committing a crime, but we must understand and give attention and affection to them. Judicial approach to the child who committed the crime should be closer to the approach persuasive, educational, psychological, which means as far as possible to avoid legal proceedings solely punitive, dropping mental (mental degradation) and face stigmatization that can inhibit the growth and maturity of a reasonable of children.

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