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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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AKIBAT HUKUM PEMBELIAN SAHAM PERUSAHAAN BUKAN PENANAMAN MODAL ASING OLEH WARGA NEGARA ASING ATAU BADAN HUKUM ASING Ucok Yoantha; Budiman Ginting; Suhaidi Suhaidi,; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The presence of foreign capital investment in Indonesia is very important and strategic in supporting the implementation of national development. Indonesia's national development requires enormous funding to be able to support the economic growth rate is expected. Funding needs are not only can be obtained from domestic funding sources, but also from abroad. It causes foreign investment becoming one of foreign funding sources that support the strategic national development, especially in the development of the real sector which in turn is expected to have an impact on the opening of the field work widely. The results showed that foreign nationals or foreign corporations can make purchases in the acquisition of shares in the company after the acquisition but not PMA, the PMA company is not required to form a limited liability company may be acquired and even then there will be restrictions on ownership of foreign citizens or foreign legal entity the company instead of the PMA and the PMA company is not turned into a PMA company, whereas for the control and supervision carried out gradually from the center by BKPM up to the provincial and district / city. Keyword : legal consequences, share purchase, a foreign legal entity
PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA KORUPSI PADA PROGRAM KONPENSASI PENGURANGAN SUBSIDI BAHAN BAKAR MINYAK INFRASTRUKTUR PEDESAAN (STUDI PUTUSAN MA No. 2093 K / PID. SUS / 2011) Anggi P. Harahap; Mahmud Mulyadi; Madiasa Ablisar; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Corruption can take place anywhere, in state institutions, in private institutions, and also in daily life. Combating corruption requires treatment and prevention in an integrated manner with the proper functioning of the legal system of the law and legal institutions in the criminal justice system. Based on the results of this research criminal liability against corruption is the liability of the offenses committed by the offender. Someone will be held accountable for these actions when there is an element in the action against the law and there is no excuse and fault elements must be met in terms of combating corruption. This is due to the principle of liability in criminal law that is not tobe punishment if no fault. Criminal act and criminal liability for acts of corruption in the PKPS BBM-IP activities in Simalungun where to defendant has been proven legally and convincingly, the defendant is able to be responsible and there is no excuse any fault that may negate or justification which can eliminate the unlawful nature of the act, the criminal liability for acts of corruption in the form of sentencing of offenders as set forth in the Supreme Court decision on the appeal. Keywords : corruption, criminal liability
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KEJAHATAN EKSPLOITASI SEKSUAL KOMERSIAL ANAK (STUDI PUTUSAN PENGADILAN NEGERI) Eva Syahfitri Nasution; Syafruddin Kalo; Muhammad Hamdan; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Children are a gift from God the Almighty who always has to be kept for, because they have rights as human beings that must be held. Nowadays, there are many problems that threaten children, but commercial sexual exploitation of children is the worst problem for children. In commercial sexual exploitation of children, child is not only used as a sexual object, but also served as a commercial object to obtain reward or benefit. The forms of commercial sexual exploitation of children in Indonesia are children prostitution, child pornography and trafficking of children for sexual purposes. The law governing the crime of commercial sexual exploitation of children in Indonesia is Law 23 of the year 2002 on Child Protection, Law 21 of the year 2007 on The Eradication of The Criminal Act of Trafficking In Person and Law 44 of the year 2008 on Pornography. Criminal liability of commercial sexual exploitation of children offenders be held accountable if the perpetrator has met the elements of criminal liability. In the law enforcement related the crime in the verdict, the Judge consider based on the elements of criminal liability and also apply the law in accordance with the facts revealed in the trial. Keywords : criminal liability, sexual exploitation, children
PERTANGGUNGJAWAB PIDANA RUMAH SAKIT TERKAIT DENGAN TINDAK PIDANA LINGKUNGAN HIDUP YANG DILAKUKAN PEGAWAI RUMAH SAKIT Hanna Niken Sihotang; Alvi Syahrin; Muhammad Eka Putra; Utary Maharany
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Health as one of the elements of the common welfare must be realized through a variety of health in the context of the development of a comprehensive and integrated health supported by a national health system.. In terms of obtaining the authorization for hospital waste treatment there are also requirements that include environmental health efforts (UKL), environmental monitoring efforts (UPL), and or environmental impact assessment (EIA) which is regulated in the Act no.44 of 2009 on hospital. However, if the hospital does not have a license as referred to in Article 25 paragraph (1) it will be subject to criminal sanctions in accordance with Article 62 of Law No. 44 Year 2009 In violation Enviromental Law. Hospital sued in violation of Article 102 Enviromental Law. Then the responsibility of the administrator in the event of environmental contamination associated with hospital waste hospital administrators the responsibility associated with environmental crime in accordance with Article 117 which states that if criminal charges are filed with the leader giving the order or a criminal offense in this case was referred to committee in Article 116 paragraph (1) letter b, then a sentence of imprisonment and imposed a fine is increased by one third. Enviromental Law itself regarding criminal liability of legal entities pollutant / destroyer of the environment which is as set out in Article 116, which is well within the legal person as well as against those who gave the order or who acts as a leader in an action (destroy / pollute the environment) or against both. Accountability of hospitals associated with environmental crime set in Article 119 Enviromental Law that the entity may be subject to additional criminal or disciplinary action. Hospital administrators and accountability related to environmental crime under Article 116 paragraph (1) letter a and b. Keywords : criminal liability, environmental crime, enviromental law
PENGATURAN TENTANG PENYADAPAN (INTERSEPSI) DALAM PERUNDANG-UNDANGAN DI INDONESIA Adhy Iswara Sinaga; Madiasa Ablisar; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The arrangement of tapping in national legislation is arranged differently, some of them are arranged in details and some of them are not. Each of the arrangement is different depending on the needs on the institution and the needs of each institution. None of the act can be used as common guideline. The importance of tapping regulation should be made in a form of act because it connects with Human Rights and based on the constitution, Human Rights can only restricts through the act, not Government Regulation. The authority for taping which law enforcement normatively has cannot be contrary to Human Rights, after all the restriction of Human Rights is matched by the nature of Criminal Law itself which to limit every individual freedom that allowed by the law. The Government and Legislatives should make an act as a common guideline which regulates tapping. So the House of Representatives and the President can outsmart and dig deeper into the importance of tapping made into an act, not into a Government Regulation. Everybody should distinguish intelligently and carefully to indicate tapping as a violation of Human Rights. The mechanism of tapping should be regulated as clearly, firmly, and directed as possible. An exception can be necessary in order to avoid any violation of Human Rights. Keyword: Legislation, Tapping, and Human Rights.
KENCENDERUNGAN PUTUSAN-PUTUSAN HAKIM PENGADILAN TERHADAP PENCANTUMAN KLAUSULA EKSONERASI DALAM PERJANJIAN Cherdina Efenti; Runtung Runtung; Bismar Nasution; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The scope of the prohibition to attach exoneration clause in a standard agreement is not found in the Civil Code; it is found in Article 18, paragraph 1 of UUPK. The attachment of exoneration clause is contrary to the sense of righteousness if it is viewed from distributive fairness theory and to the principles of adequacy, harmony, fairness, and naturalness although it is in line with commutative righteousness theory. The inclination of seven judges’ verdicts does not directly consider exoneration clause but tends to see the validity of the contract according to Article 1320 of the Civil Code and Article 1338 of the Civil Code.It is recommended that Article 18, paragraph 1 of UUPK should be confirmed as exoneration clause or exoneration clause in its explanation. Besides that, the panel of judges should not be too rigid in interpreting righteousness and the principle of consensus; they should be open widely to interpret law from concrete occurrence, concerning the validity of a contract according to Article 1339 of the Civil Code. Keywords    :    Inclination, Judges’ Verdicts, Standard Clause, Exoneration Clause, Agreement
PENANGANAN PERKARA TINDAK PIDANA KORUPSI OLEH KEJAKSAAN NEGERI KUALA SIMPANG SETELAH DIBENTUKNYA PENGADILAN TINDAK PIDANA KORUPSI DI DAERAH Choirun Parapat; Madiasa Ablisar; Marlina Marlina; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Legislation, which regulates the authority of prosecutors in prosecuting tipikor cases, does not give full authority to prosecutors as the only prosecuting institution although KPK (Corruption Eradication Committee) also has the authority to prosecute tipikor cases. The implementation of handling tipikor cases after the establishment of Tipikor Court of Justice, Banda Aceh, has the implication on the slowness of the bureaucratic process in the District Court, Kuala Simpang, for obtaining the license of arresting, confiscating, searching, and detaining; besides that, it is costly. Progressive efforts made are as follows: budget is increased, hearing schedule is united, some witnesses’ testimony is read before in the hearing, the cases are handled by the same judges, witnesses are examined simultaneously, the number of prosecutors is reduced, and returning the loss of the State is relatively small. It is recommended that the District Attorney’s Office carry out their authority in prosecuting tipikor cases neutral and unbiased. The government should establish Tipikor Court of Justice in every District/Town, and progressive efforts should be focused on the increase in budget. Keywords :     Tipikor, Tipikor Court of Justice, Prosecution, Progressive, District Attorney’s Office, Kuala Simpang
TANGGUNG JAWAB KUASA PENGGUNA ANGGARAN TERHADAP KEUANGAN NEGARA DALAM PROSES PENGADAAN BARANG/ JASA PEMERINTAH ( STUDI KASUS PENGADAAN ALAT KESEHATAN DI RSU dr. FL. TOBING SIBOLGA Dearma Sinaga; Pendastaren Tarigan; Faisal Akbar Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The goods / services within the government are composed of organizations in the implementation of the Budget User / Authorized Budget, Commitment Officer, Procurement Committee, Managing Committee of Goods, which has the authority duties and responsibilities based positions - each, which is stipulated in President Number 54 Year 2010, the Budget Authority has the duty and authority by delegation of authority from the Budget Users, clearer about the delegation of authority to the Budget Users Budget Authority in Rule Number 1 Head LKPP 2012. Irregularities in the procurement of goods / services can government sanctioned, can be administrative sanctions, penalties and damages State sanction criminal penalties. Keywords:    Responsibility, Budget Authority, the State Treasury, Procurement of Goods / Services
ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO: 124K/ TUN/2013, TENTANG TERBITNYA IZIN MENDIRIKAN BANGUNAN DI ATAS TANAH YANG MASIH DALAM SENGKETA DI PENGADILAN TATA USAHA NEGARA MEDAN Deliana Simanjuntak; Budiman Ginting; Sunarmi Sunarmi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Building permits rising over disputed land in State Administrative Court Medan. Before the building permit is issued, Plaintiff reported to the local office of spatial and building code field on the status of the land is still in the process of law (debatable), but the Agency for Spatial and building overlook the claimant report, which should Spatial Agency and the building had to postpone publication Building permit because there are reports plaintiff. Then Building permit issuance is not in accordance with the Decree Mayor of Medan No. 34/2002 junto Regional Regulation of Medan No. 5/2012 about Retribution Building permits, Article 13, point (b) Issuance of Building Permit may be delayed if there are complaints about land disputes or no legal proceedings in the building or land, either in written form or orally. The judges made a different decision: Administrative Court of Medan to cancel the building permit, and the State Administrative High Court of Medan supports the decision  the Administrative Court of Medan, but the verdict of the Supreme Court rejected the verdict Administrative High Court of Medan rejected the lawsuit and the Plaintiff. The verdict difference need to be analyzed and researched to find the correct legal value. Keywords: Issuance of Building Permit on a Disputed Land
PERLINDUNGAN HUKUM TERHADAP PELAKSANAAN PENGANGKATAN ANAK DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Hamidansyah Putra Putra; Edy Ikhsan; Hasim Purba; Hasballah Thaib
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Transparent and resolute regulation on adoption is highly needed, both in its regulation and in its protection. Today, the Government Regulation No. 54/2007 on the Implementation of Adoption, Law No. 23/2002 on Child Protection, and the Compilation of the Islamic Law regulate wajibah will for an adopted child. Discussion about adoption is usually related to adat (customary) law, the Islamic law, and western law in which people have different methods in different places in its implementation so that it is interesting to be analyzed. A research on child protection law about the implementation of adoption, viewed from the Islamic Law and Law No. 23/2002 on Child Protection, is a descriptive analysis which describes, explains, and analyzes laws theoretically and practically from the field. Keywords: Adopting a Child, Islamic Law, Child Protection

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