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Kota medan,
Sumatera utara
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Civil Law
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Core Subject : Social,
Jurnal Civil Law adalah Jurnal yang memuat karya ilmiah di bidang hukum keperdataan dikelola oleh Departemen Keperdataaan Fakultas Hukum Universitas Sumatera Utara
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Articles 233 Documents
WANPRESTASI TERTANGGUNG PADA PERJANJIAN ASURANSI JIWA (Studi Pada PT. Prudential Life Assurance Medan) Luther Sembiring, Marthin
JURNAL CIVIL LAW USU Vol 1, No 1 (2013)
Publisher : University of North Sumatera

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Abstract : If in one agreement, one person do not execute what they have been dealing, then the other can pursue that one person with a number of compentation (punitive damages). In an insurance agreement has been arrangedthe certainty about the right and duty of the member in the psyche insurance policy that was been a basic of psyche insurance agreement. Sometimes, there is a problem in the realization of insurance agreement when Tertanggung don’t pay, even they stop their duty in paying the premi with any variation reason. Kata Kunci : Wanprestasi, Perjanjian, Asuransi Jiwa
KAJIAN YURIDIS TERHADAP PEMBERIAN KREDIT MIKRO SUMUT SEJAHTERA II BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2008 TENTANG USAHA MIKRO, KECIL, DAN MENENGAH (UMKM) (STUDI PADA PT. BANK SUMUT) ANASTASIA ADINDA
JURNAL CIVIL LAW USU Vol 1, No 1 (2013)
Publisher : University of North Sumatera

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ABSTRAK : Micro, Small and Middle Business (Law No 20 of 2008) provides one of the economic policy of the government to help the people of funding disbursed by the financial institution according to the regulation of Bank Indonesia No 14/22/PBI/2012 about credit or financing by commercial bank and Technical Assistance for Development of Micro, Small and Middle Business as well as non-bank financial institutions in the form of loans (credit), therefore the Micro, Small and Middle Business also have a strategic role in the fight against poverty. As for the tittle of the scription is “Judicial Study Against Giving The North Sumatera Property Micro Credit II According to the Law No 20 of 2008 about Micro, Small and Middle Business (Studies in PT. Bank Sumut)”, with problem such as what are the types of loans for Micro, Small and Middle Business in the PT. Bank Sumut, how the requirements and the process of North Sumatera Prosperity Micro Credit II in PT. Bank Sumut as well as how the rights and obligations of the parties in the provision of North Sumatera Prosperity Micro Credit II in PT. Bank Sumut. The method applied in this writing is a normative law study and using secondary data that consist of primary, secondary, tertiary legal materials. The data collected through library research and supported by data obtained through field research at PT. Bank Sumut using a qualitative approach to produce a descriptive. The results in this research scription concludes that the types of loans at PT. Bank Sumut in accordance with the types of credit in general, such as Public Credit, Credit Installment Others (KAL), Credit Sumut Prosperous I (SS I) and North Sumatera Prosperity Micro Credit II (SS II). The requirements to get the loans from North Sumatera Prosperity Micro Credit II is to make a written request, a copy of identity, have a business license from authorities (Ward/Village Head, Head of Market), photo business location and a place to stay, a copy of proof of collateral/insurance, and savings accounts. Stage loans consist of marketing and promotion stage, the stage of credit analysis, loan disbursement stage, and the stage of supervision and monitoring. Rights of borrowers are receiving loans disbursed a sum of money to the account debtors and receives back guarantee proof and other documents if the debt has been repaid, his duty is to pay installment over a specified time and pay all cost incurred for the implementation of the credit agreement. While the right of creditors are receiving appropiate time agreed installments and rceive proof of collateral/guarantees and other documents, while the obligation of creditors is pay binding, insurance credit and guarantee services, also giving back the evidence of collateral to the debtor if the debt has been repaid.   Keywords : Credit, Micro, Small and Middle Business
SUATU TINJAUAN TERHADAP PENERAPAN DISSENTING OPINION DALAM PENYELESAIAN PERKARA KEPAILITAN ABDUL RIFAI
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : Inspection system at the level of the Court, including the Commercial Court to condition the three judges who examine a bankruptcy case. Changes in the condition of Indonesian justice especially by issuing Law No.. 35 of 1999 on the Amendment of the Act No.. 14 Year 1970 on Basic Provisions of the Judicial Authority contributes dissent judges who examine cases including the case of a bankruptcy in the case verdict. Differences of opinion in deciding a case is called by the term "dissenting opinion". In this study the proposed formulation of the problem arises why the dissenting opinion in the case of bankruptcy and whether the conditions required in a bankruptcy court ruling that there is a dissenting opinion. Having done the research and data collection, it is known that the onset of a dissenting opinion in the case of bankruptcy in general is due to the independence of judges in deciding cases is limited by statutory provisions. While in particular the emergence of dissenting opinion in the case of bankruptcy is due to different backgrounds of judges who examined the bankruptcy case that is the career of judges and judges ad-hoc.Syarat-requisites required in a bankruptcy court ruling that there was a dissenting opinion dissenting opinion ruling the made in the form of an attachment that contains a statement of the judge expressly Member / chairman who made the dissenting opinion, that the decision is legally binding. The attachment is an integral part of the decision text. Justices dissenting opinion must still make the decision to sign and remain bound to the sound of the ruling dictum. In this study also suggested Chief executive decision makers especially in the law-making about arrangements regarding the emergence of dissenting opinions, especially in the case of bankruptcy should be a perfect set of conditions that must be met by the trial judge if there is a dissenting opinion.   Keywords: Dissenting Opinion, case, Bankruptcy
PERJANJIAN PENGADAAN BARANG INFORMASI TEKNOLOGI (IT) ANTARA CV. DHYMAS COM DENGAN PT. GAPURA ANGKASA DALAM PELAKSANAANNYA DIAN SASMITA HSB
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : The existence of the goods/ services procurement appears as part of the development process which is included to the government’s working progress. The good procurement process of goods/ services will support the development of a country due to the right use of the government budget will support the development which is resulted the economic growth. But in practice, procurement contracts for goods/ services often have problem because it violatethe regulations. There are several bad cases of the goods/ services procurement which are found with the big financial usage. It will be resulted the state losses. Keyword: The Goods and Services Procurement, agreement
PERAN DAN TANGGUNG JAWAB PT. JASA RAHARJA (PERSERO) DALAM MEMBERIKAN SANTUNAN ASURANSI TERHADAP KORBAN KECELAKAAN LALU LINTAS JALAN (Studi Pada PT. Jasa Raharja (Persero) Cabang Rantauprapat) FAHRUL ROZY
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : Transportation has a very broad role and importance for the economic development of the nation. Developments in science and technology especially in the field of traffic and transportation, it not only provides benefits and positive influence on the behavior of people's lives, but it can also have negative impacts, such as the emergence of problems in areas such as traffic accidents. The government through the Law. 34 Year 1964 on Road Traffic Accident Fund provides insurance benefits for victims of traffic accidents, which in this implementation is left to the PT. Jasa Raharja (Persero). Duties and responsibilities are to collect funds from the public through donations compulsory motor vehicle owners are performed each year, and thereafter is channeled back to the community through the insurance compensation to the victim or the victim's heirs, which aim to reduce the burden of costs due to road traffic accidents, which given the amount of compensation has been set in the Regulation of the Minister of Finance Decree No. 36/PMK.010/2008 of Great Benefit and Contribution Compulsory Road Traffic Accident Fund. Keywords: Roles and Responsibilities, Road Traffic Accidents,
PERLINDUNGAN HUKUM TERHADAP NASABAH ATAS PENGGUNAAN LAYANAN ELEKTRONIK BANKING (E-BANKING) PADA BANK RAKYAT INDONESIA (RISET PADA BANK RAKYAT INDONESIA UNIT MELATI) IVAN SYAH
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstract  : Banking is a financial institution that provides services to its users or clients. Development of science, information and technology, providing the ease of development of the banking system itself, with the development of systems and services in order to facilitate and pamper its customers. With regard to flexibility, efficiency, and practicality. Thus was born a new method in the development of services in banking for customers, where the system is called electronic banking, or ordinary with the term e-banking which allows customers service users can make use of it, wherever and whenever, it is not limited by time with the service. As in the making of this thesis uses interviews and questionnaires and the method or approach to the type of normative legal research and field research, where research is conducted in the research done by examining library materials relating to this issue and conduct field research at Bank Rakyat Indonesia Research Field Unit as the place authors, the issues raised by the authors is how the legal protection for the use of electronic banking services are used by customers, and the responsibilities given by the bank in case of losses in the bank's customers for their negligence. So through this paper is expected to be useful for the protection of the general public so that customers become more secure. In the development that occurs does not eliminate the possibility of cracks commonly used to make profits themselves by parties who are not responsible. And in the end the bank as a provider of e-banking is also trying to provide the best service, remedy efforts to protect its customers. However, in case of loss due to the bank or the efforts of others, the legal options available to customers are: 1. Through the efforts of peace or a complaint to the bank, and 2. Through mediation or the courts as a last resort to do by the customer if the effort pesuasif on the first attempt felt failed. Keyword  : Bank, Customer, Elektronic Banking
TINJAUAN YURIDIS PERJANJIAN KERJASAMA ANTARA PT. JAMSOSTEK (PERSERO) CABANG MEDAN DENGAN WADAH TENAGA KERJA LUAR HUBUNGAN KERJA (TK-LHK) BINAAN KANTOR PT. JAMSOSTEK (PERSERO) CABANG MEDAN MEHAGA BASTANTA
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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ABSTRAK : Regulation of Labor and Transmigration Minister of Republic of Indonesia Number : Per-/24/Men/VI/2006 concerning the implementation program of Social Security for Labor outside job relation tells that social security program can do directly by each labor or coordinated by agent. Based on these condition, PT. Jamsostek (Persero) Branch of Medan  makes a mutual agreement between PT. Jamsostek (Persero) and agent based by the purpose of title this writing. Writer concludes that the implementation of mutual agreement between TK-LHK and PT. Jamsostek (Persero) branch of Medan has implemented effectively. This was indicated by implementation of mutual agreement in which of 80 registered agents from May 2007 until October 2012, and just only 10 agents had been non active; dispute forms of mutual agreement or wanprestation  by agents such as embezzlement of premium and not having goodwill of this mutual agreement; so forms of solution which are implemented by PT. Jamsostek (Persero) Branch of Medan are mutual deliberation and could be continued to the public court if both of parties are not agreement and do not extend the mutual agreement; mutual agreement could be ended by on the due date, by force majeure and both of parties agree to terminate the mutual agreement. Keywords : Mutual Agreement, TK-LHK, Jamsostek, Agent
KEDUDUKAN KREDITUR SELAKU PENERIMA JAMINANA FIDUSIA DALAM HAL DEBITUR PAILIT MENURUT UU NO.37 TAHUN 2004 TENTANG KEPAILITAN MUHAMMAD ARIEF
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : Fiduciary Creditor receiver position is as a Preferred Lender. This right is not clear because of the bankruptcy or liquidation of the Borrower Lender Fiduciary. Preferred Creditors (Secured Creditors) in Bankruptcy Creditors usually called Separatists. Creditor Beneficiary Creditor Fiduciary Separatists very concerned as it may execute their rights as to avoid bankruptcy. Regulations in the field of Law and Bankruptcy Fiduciary current was less provide legal protection against creditors Recipient Fiduciary. Method of approach used in this thesis is legal. Based on the research results penulisn is in Article 56 of Law no. 37 of 2004 on Bankruptcy states that the rights of creditors separatist execution as referred to in Article 56 Paragraph (1) of the Bankruptcy Act is suspended for a period not exceeding 90 (ninety) days from the date of declaration putuisan bankruptcy. If the verification meeting beralrut-soluble and future insolvency be delayed beyond a period of 90 (ninety) days after the decision of bankruptcy, creditor's rights can begin to implement the separatists to become involved pending execution. This poses a risk to the creditors of the insured fiduciary considering the goods as collateral in the form of movable property is no longer on debitors Keywords: The debtor, creditor, fiduciary, Bankruptcy
KREDIT KENDARAAN BERMOTOR KEPADA NASABAH BRI (STUDI PADA BANK RAKYAT INDONESIA CABANG GAJAH MADA MEDAN) RINA ULI
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : The economics of Indonesia is developed rapidly especially in banking. More of bank’s products that developed and there are any bank business process. The credit supplied by bank and required by customer is a consumptive credit, i.e. the credit of motor vehicle. The law has an important role in the form of regulation in order to assure the interest of bank or customer. So, there is a problem formulation in respond how the requirements and procedure in supply the motor vehicle credit at PT BRI Branch of Gajah Mada Medan, what factors cause the costumer in motor vehicle is in problem ang how the settlement of the motor vehicle credit at PT BRI Branch of Gajah Mada Medan. Thye regulation about type of motor vehicle credit aims to minimize the bad credit by enforcement of the rule and the understanding of customer about the motor vehicle credit by bank. Keywords  : banking, Consumptive Credit, Motor Vehicle Credit
MEDIASI PERBANKAN SEBAGAI UPAYA PENYELESAIAN SENGKETA ANTARA BANK DAN NASABAH ( STUDI PADA PT. BANK SUMUT CABANG UTAMA) SALSA BHILA
JURNAL CIVIL LAW USU Vol 2, No 2 (2013)
Publisher : University of North Sumatera

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Abstrak : Practice transactions between bank customers can not be separated from risk. One of the risks is often the case that the dispute between the bank and the customer. When the legal relationship between banks and customers began to create, since it opens the possibility of disputes between the pihak.penyelesaian dispute between the customer and the bank can be done through arbitration, the courts or through alternative dispute resolution is by way of mediation. The effectiveness of dispute resolution through mediation banking banking is very good for the customers and the bank. The problem posed in this thesis is How the disputes between banks and customers in both the legal relationship under the law of Indonesia's banking system, how the factors that cause sengkta between the bank and the customer, alternative forms of dispute resolution that can be used by banks and customer and stages of conflict resolution between the bank and the customer through the process of mediation. The method used in writing this paper is the normative and empirical, with literature data collection (library research) that collect data and read references through regulation, the Internet, and other sources are then selected appropriate data to support the writing. Of writing this thesis it can be concluded the protection of customers' influence on the banking industry. This is because the banking business is closely related to trust. If people believe in a bank, they will feel safe to be customers of the bank in question otherwise distrust will greatly affect business continuity when a bank.untuk that disputes between banks and customers must be resolved. Dispute resolution through mediation is very beneficial, since the completion of a simple, inexpensive, and cepat.Mediasi is a method of problem solving that is not to win one of the parties to the dispute, but rather find the best solution that both parties to the dispute are satisfied without feeling lost   Keywords: Banking Mediation, Dispute, Customer

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