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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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ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL ATAS PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (PHK) DENGAN ALASAN MENGUNDURKAN DIRI (Studi Kasus Putusan Mahkamah Agung Nomor : 37 K/Pdt.Sus/2013) Ardiantha Putera Sembiring; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Arrangements Termination of Employment by reason of resigned of their own accord have been set in Article 162 of Law Number 13 of  2003 on labor, where in one of the verses that paragraph (3) sets the terms of PHK by reason of resignation in a way apply for resignation by  workers/labourers in writing no later than 30 days before the start date of resignation. Against the ruling of the PHI Number: 60/G/2012/PHI.Mdn stating PHK of the plaintiffs are characterized as Termination of Employment since the resignation of their own accord are contrary to Article 162 of Law Number. 13 of 2003 on Labor. Therefore, the decision of the Supreme Court the case Number. 37K/PDT.SUS/2013 quashed the verdict of the Court at the level of industrial relations and stated the Tribunal Judges of PHI had been wrong to apply the law and not paying close attention to disconnect the evidences in the matter, is in compliance with the provisions of applicable law. Keywords : Termination of Employment by reason of resignation, the ruling of PHI, workers/labourers.
APLIKASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKSANAAN REHABILITASI PECANDU DALAM TINDAK PIDANA NARKOTIKA (STUDI DI REHABILITASI KEMENTERIAN SOSIAL PAMARDI PUTRA “INSYAF” SUMATERA UTARA) Arie Kartika; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law enforcement in narcotics which uses criminal instrument is not the only prioritized policy; the strategies of law enforcement in narcotics such as treatment strategy and rehabilitation strategy are also needed. One of the examples of social rehabilitation centers in North Sumatera is PSPP (Social Rehabilitation Center Pamardi Putra) ‘Insyaf’ of North Sumatera, under the aegis of the Social Ministry of the Republic of Indonesia. It is responsible for carrying out the mandate in the policy of criminal law on the implementation of rehabilitation for drug addicts. The policy of handling (criminal political) crimes was done by using “penal” (criminal law) and non-penal (outside criminal law) facilities. Therefore, penal policy is related to the functionalization in some stages: formulation, application, and execution. The application of the policy in criminal law in implementing rehabilitation for drug addicts is synchronized between written policy planning and service planning for drug addicts. The implementation of social rehabilitation gives legal benefit to drug addicts. Keywords : criminal politicy, criminal law, social rehabilitation, drug addicts
"HUBUNGAN ANTARA KESENGAJAAN TERHADAP PERTANGGUNGJAWABAN PIDANA DALAM KASUS KECELAKAAN LALU LINTAS DI JALAN YANG MENYEBABKAN HILANGNYA NYAWA ORANG SESEORANG" M Budi Hendrawan; Alvi Syahrin; Budiman Ginting; Mahmud Mulyadi
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Traffic is also known with the intent and negligence. Most formulation of a criminal offense, the element of intent or called by opzet is one of the most important elements. Relation to the element of intent, then when in a formulation of criminal acts are acts intentionally or commonly referred to opzettelijk, then this master element intentionally or include all the other elements that are placed behind and had to be proven. Relation to traffic accidents is in terms of motor vehicle driver negligent in maintaining the safety of themselves and others. This study aims to identify and analyze the relationship with punishment deliberate, intentional element which can be applied in sentencing traffic accidents, and the element of punishment in a traffic accident that resulted in the death of the element of intent. Keywords : traffic accidents, punishment deliberate
PELAKSANAANEKSEKUSIPUTUSAN PENGADILANDALAMPERKARA PERDATA TERHADAP ASET BUMN Charles Silalahi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   State Owned Enterprises (SOE) is a business entity wholly or largely owned by the state capital through direct investments from sovereign wealth pengaturanya separated and regulated in Law No. 19 Year 2003 on SOEs and the Law No. 40 Year 2007 About the Company Limited. But there are many cases of failure by not executed a civil suit over the object of wealth owned by the Court was interpreting SOE’s property is state property that is subject to the law of the State Treasury. Regulation of Wealth Owned Enterprises as a form of wealth separated state regulated in Law Number 19 Year 2003 regarding SOEs and Law No. 40 of 2007 on Limited Liability Companies. Wealth Enterprises is the object Civil Lawsuit Case. When the state capital in the form of shares included in the Persero of wealth separated state, for the sake of intellectual property law becomes Persero. No longer the nation's wealth. This is based on Article 1 (1) and figure (2) jis Article 1 (10) and Article 4 paragraph (1) of state-owned enterprises, as well as Article 1 (1) in conjunction with Article 7, paragraph (7) letter a of Law PT also principles of law 'separate legal entity', wealth separated state and are included as capital assets Persero Persero. Consequently all the wealth obtained either through the inclusion of the country as well as those derived from business activities Persero, by law, a wealth Persero itself. Analysis of the Supreme Court delayed the execution of the provisions referring to Law. 1 of 2004 on State Treasury, Article 1 number 10, 11 and 50 then there is a conflict of laws (antinomie) the rule of law. This is an issue that the Supreme Court ruling execution can not be carried out above. To complete the 'antinomie' rule of law courts should use a "preference principle of law ', namely: (1) Lex superiority derogat legi inferiori (legislation higher higher level defeating legislation below), (2) Lex posteriori derogat legi priori (new legislation which beat the old legislation), and (3) Lex derogat legi generali specialist (special legislation defeated general legislation). There are several related attitudes 'antinomie', namely: (1) denial (disavowal), (2) reinterpretation, (3) revocation (invalidation), and (4) recovery (remedy).   Key Words: Execution, Civil Case, SOE Assets
DISPARITAS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA Devy Iryanthy Hasibuan; Syafruddin Kalo; Suhaidi Suhaidi; Madiasar Ablisar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT     Conditions of punishment against the perpetrators of the crime of narcotics in general practice caused the disparity in the imposition of criminal punishment against narcotics. some narcotics criminal cases that have been Composed by a criminal court judge, a criminal cause disparities among different judges in deciding cases against the same. In addition to disparities that occur in sentences by fellow judges, the disparity also occurs between the the imposition of criminal  prosecution.  Concluded, first, punishment against perpetrators of narcotics under Law No. 35 of 2009 on Narcotics in the court ruling could potentially lead to disparities in the criminal because the interval between the minimum criminal penalty provisions and open wide maximum criminal. Second, the factors that cause the disparity in the criminal narcotic crime, among others, is no operation of the SPP elements as   appropriate, differences in philosophy espoused by each judge is different, the absence of sentencing guidelines for judges in imposing a criminal, an independent judiciary, and uncontrolled  disparities in the criminal cases narcotic crime can be done in the most effective way is to establish a sentencing guidelines. Keywords : Disparities Punishment, Narcotics, and Sentencing Guideliner
KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN PENCURIAN KENDERAAN BERMOTOR (STUDI DI KEPOLISIAN SEKTOR SUNGGAL) Eko Hartanto; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Motor vehicle theft problem in the community is no longer a new thing, because almost every day many cases moto vehicle theft. Location of motor vehicle thefts occur in many places, but generally the same modus operandi. Nowadays, these criminal motor vehicle theft, especially theft is increasing, because the sanction given to the offender the theft of a motor vehicle is considered less severe, so many actors are already free repeat such action. This research is important to know why the highest motor vehicle theft happened in the jurisdiction of Police Sunggal. Furthermore, the data also showed, Crime Settlement (PTP) in Sunggal Police also did not show significant numbers.
PENERAPAN PERIZINAN TERPADU DALAM PENERBITAN IZIN LINGKUNGAN DI PROVINSI SUMATERA UTARA (Studi: Izin Lingkungan PT. Arah Environmental) Radinal Panggabean; Suhaidi Suhaidi; Syamsul Arifin; Pendastaren Tarigan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Environmental protection and management need an integrated system to be developed. This system is a national policy in environmental protection and management which has to be done consistently and consequently from the central government to local government in permits. North Sumatera Provincial Administration has the Integrated Permit Service Board which one of its authorities is issuing environment permit as the requirement to get business/activity license which is regulated based on the prevailing rules. PT. Arah Environmental is a company which operates in the field of hospital medical waste gathering. Before it gets its business license, it has to complete environment permit first. The latter is issued, based on environmental feasibility and recommendation from UKL-UPL which is used as the instrument for planning preventive action against environmental pollution and damage which has possibly been caused by business/activity. It could be concluded that coordination among regional government agencies was needed. Even though integrated permit is considered a good system, it does not guarantee its implementation of forestalling environmental pollution and damage as the result of business or activity implementation.   Keywords:      Integrated Permits, Integrated Permit Service Board, Environment Permit
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM MEMPEROLEH PENDIDIKAN (Studi Lembaga Pemasyarakatan Kelas IIA Anak Tanjung Gusta Medan) Ramli Tambunan; Madiasa Ablisar; Mahmud Mulyadi; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Children protection activity is a good law so it can guarantee the law action brought as a result of the law protection and can protect bad activity in education for Children's who have law processing in Institute Pemasyakatan Class IIA Tanjung Gusta Medan. From the research results are known, Concepts Setting Legal Protection Against Children in conflict with the Law In Getting Education Right in the penitentiary setting about the rights of child prisoners in obtaining education while in the correctional Institution; Implementation of the Protection of Rights of Children's Education Law Granting Dilapas Tanjung Gusta Kids IIA Class field has not gone well with the results of the study 37% of schools implemented formal education provision MTsN-3 field by virtue of a collective agreement, 83% of spiritual education and vocational education has not been effective by 174 children taken prisoner as much as 10% of the total population; Constraints Giving Child Rights Education Class IIA Tanjung Gusta Medan started from legislation that is not set out clearly in the form of education for the criminal, and the lack of facilities to support the educational process skills. Keywords: Legal Protection, Children in conflict with law, Penitentiary.
“PERAN POLRI DALAM PENYIDIKAN TINDAK PIDANA YANG TERKAIT DENGAN MULTI LEVEL MARKETING”. Ronny Nicolas Sidabutar; Alvi Syahrin; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Business industry Multi Level Marketing (MLM) is a lucrative market society especially with the promised bonuses obtained upon the sale of its products. However, there are also business masquerading as MLM, low quality products but a bonus for members is very large, so as to make the public flocked to follow the program masquerading as MLM business. The issues raised in this study is whether there is legal provision that can ensnare actors masquerading as MLM business practice is, how do I determine the guise of MLM business practices or is actually MLM company that actually benefit from the sale of its products, and how the criminal responsibility of the perpetrators who commit impersonate MLM business practices whether liability or responsibility inpersoon legal entity (legal entity).
HAK DAN KEWAJIBAN KURATOR PASCA PUTUSAN PEMBATALAN PAILIT PADA TINGKAT KASASI OLEH MAHKAMAH AGUNG (STUDI KASUS KEPAILITAN PT. TELKOMSEL VS PT. PRIMA JAYA INFORMATIKA) Sukses M. P. Siburian; Sunarmi Sunarmi; Utary Maharany Barus; Jelly Leviza
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Ruling of the Supreme Court on the case of PT. Telkomsel, the Supreme Court does not specify the compensation for the curator, whereas it has stipulated by the panel of judges of the Supreme Court. The objective of the research was to answer the problems about the right and obligation of a curator, the regulation on the compensation for a curator, and the right and obligation of a curator after the Ruling on the cancelation of bankruptcy in the cassation level by the Supreme Court on the case of PT. Telkomsel vs. PT. Prima Jaya Informatika was stipulated. Curator’s task is to manage and/or to settle bankruptcy property, while his right is to get compensation for his service through a judge’s verdict. According to UUKPKPU, the compensation for a curator’s service is charged to the petitioner and the debtor of the bankruptcy; but, according to Kepmen No. M.09-HT.05.10/1998, it is charged to a debtor. According to Permenkumham No. 1/2013, it is charged to the petitioner of the bankruptcy.  After the ruling on the cancellation of bankruptcy in the cassation level on the case of PT. Telkomsel is specified, the obligation of the curator was to announce the ruling in the cassation in the news of the Republic of Indonesia, at least in two daily newspapers. Under the law, a curator’s right should be specified in a judge’s verdict; but, in reality it is not stipulated in the Supreme Court’s Ruling. Keywords: Right, Obligation, Curator, Bankruptcy

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