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Suhaidi Suhaidi
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS YURIDIS ATAS TINDAKAN DISKRIMINATIF SEBAGAI PELANGGARAN HAM RINGAN BERDASARKAN UNDANG- UNDANG NO. 40 TAHUN 2008 TENTANG PENGHAPUSAN DISKRIMINASI RAS DAN ETNIS Zainal Abidin Pakpahan; Suhaidi Suhaidi; Faisal Akbar Nasution; Jelly Leviza
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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ABSTRACTPractice to action discriminative as collision of light human right in law order have been arranged in section 28B sentence (2), section 28I sentence (2) Indonesian constitution 1945 post amendment, then section 1 number 1 of constitution No. 40/2008 about discrimination disposal, race and ethnical, then discrimination context as collision of human right have been assured in section 1 number 3 of constitution no 39 the year 1999 about human right, so that action diskriminative has ought to be punishable if it has done. hence to action discriminative can be given sanction of imprisonment at longest one (1) year or penalty fine maximum one hundred million rupiahs according to at section 15 and 16 of constitution No. 40 the year 2008 about discrimination disposal race and ethnical. Refers such a of action perpetrator discriminative instead seldom be punished and their case have never been brought to justice of human right as justice judging about collision human right. Action discriminative as collision of light HAM cannot be judged in HAM justice domain, caused existence of historical reason that is, in Statute Roma 1998 adopting existence of four badness numbers which can be judged in ICC among others, badness of genosida, crimes againt humanity, badness of war and badness of aggression however doesn't coronate to collision of light HAM like action discriminative as collision of light HAM as which included in DUHAM 1948. Reason of yuridis, according to section 4 constitution No. 26 the year 2000 about justice of human right expresslies state that collision of human right which can be judged in justice of human right is collision of heavy HAM that is badness of genosida and badness to humanity outside from the badness justice of HAM doesn't have authority to investigate breaks and judges it, then reason of basis yuridis as presentation of the forming of constitution justice of human right in judging is special for collision of weight HAM which can be judged in justice of human right but not to collision of light HAM.Keyword : analysis yuridis, action discriminative, and light collusion human right.
KAJIAN HUKUM ADMINISTRASI LINGKUNGAN TENTANG BIDANG PERIZINAN ATAS PENGELOLAAN LIMBAH PADA PABRIK KELAPA SAWIT PT. PERMATA HIJAU SAWIT Fajar Khaifi Rizky; Suhaidi Suhaidi; Muhammad Abduh; Pendastaren Tarigan
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Once of instrument in the effort to prevent contamination and environtment damage is an environtment approval , like in a Article 1 point 35 on the Protection and Management of the Environment which continued obeyed in Government Regulation Number 27 Year 2012 about Environtment Approval. In that provision, there are two kinds of approval environtment and protaction approval and management environmental. As a implementation from one of approval and protection and management of hazardous waste and toxic materials, in indonesia language we can called (B3) is a substance, energy, and other component which because of characteristic, consentration and it count, indirect way or indirect way, can be contaminated and destroyed the environmental, and danger of environmental, health, and also human survival and the other organism. PT. Permata Hijau Sawit as once of effort which is move in industry side of oil palm management must to complate and supply th earticle regulation which is pretend in making the document of UKL-UPL and approval to prevent contamination and environment and damage environmental. As one of the problems in a research is how to regulate about approval which have relation with the management of hazardous waste and toxic materials (B3) at oil palm factory PT. Permata Hijau Sawit. Based of that ilustration can be concluded that environment approval is one of instrument in the effort to prevent contamination and environment damage, for realize purpose of protection and management of environmental especially waste management where the substance of the licensing arrangement waste management was not complete and still need executive regulation.
PENYIDIKAN TINDAK PIDANA KORUPSI (STUDI PENYIDIKAN DI POLRESTA MEDAN DAN KEJARI MEDAN) Bambang Rubianto; Muhammad Hamdan; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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Recently, corruption has been a serious public attention. Whether or not the criminal act of corruption develops cannot be separated from the element of law enforcer. To anticipate the development of corruption, the law enforcers take the steps, among other things, through the process of investigation. This step is a part of the government efforts to reenforces law under the term of criminal policy or from the aspect of criminal law enforcement policy. In Indonesia, investigating the criminal act of corruption is carried out by three institutions such as Police, Attorney and Corruption Eradication Commission (KPK), Due to the limitation of KPK, the investigation at regional level is focused in the Police and Attorney regional affice. The corruption investigation process cannot be separated from the problems related to technical and non-technical process of criminal justice system. In Medan and its vicinity, the investigation of the criminal act of corruption is focused on Medan Resort Police Departement and Medan Attorney Regional Office. The authority to do the investigation is legal according to the law. Yet, in practice, this authority is less optimally empowered by both institutions, in the scope of its job description in the past three years. To cope with less optimal investigation problem, in the future, Medan Resort Police Department and Medan attorney Regional Office will cooperate with the academicians to provide workshop or seminar, to make staff study, to schedule the investigation of the criminal act of corruption in the scale of priority, to increase the number of investigators, to synchronize the perception of investigators in corruption case investigation. The still rooted culture of corruption will be cahanged through investigating the cases of criminal act of corruption. Community participation in the process of corruption case investigation will be improved and the culture of discipline of government apparatuses will be optimalized.
LIBERALISASI PENDIDIKAN DALAM KERANGKA GATS : KAJIAN HUKUM TERHADAP PENDIRIAN PERGURUAN TINGGI ASING DI INDONESIA Anggiat Simamora; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTHigher education liberalization facilitated by the WTO/ GATS has distorted the nature of education as a public service in Indonesia. This study aims at finding out 1). How HE in Indonesia is regulated, 2). what the existence of foreign higher education in the Indonesian regulation is, and 3) what the impact of GATS on regulating higher education in Indonesia is. It was found out that 1). both public higher education (PTN) and Private higher education (PTS) conduct governmental authority. Otherwise, the regulations threat them discriminately, 2). Foreign HE is recognized in Indonesian regulation as a part of SPN. Consequently, foreign HE instututions legally cannot be established in Indonesia, 3). GATS impacts on regulating HE in Indonesia since all agreements achieved in WTO/GATS abide Indonesia. From these findings, it is suggested that 1 ) . Government threat both PTN and PTS equally since they are held in the same system, 2). Regulation obliging foreign higher education to be held as parts of SPN be maintained to improve the quality of Indonesia higher education, 3). Indonesia makes a new legislation on higher education industry.Keywords : Liberalization , Higher Education , SPN , GATS
SINKRONISASI ANTARA HUKUM PAJAK DENGAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN (CSR) Anto Sibarani; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTDifferent regulations between Law No. 40 of 2007 on Limited Liability Companies with Tax Law at the expense of corporate social responsibility cause injustice and legal uncertainty for companies that implement CSR, and can trigger the employer conducts tax evasion efforts. Legal research was conducted to determine the synchronization between the Tax Law with Law No. 40 of 2007 on Limited Liability on CSR. Law No. 40 of 2007 on Limited Liability Company requires companies to implement CSR since the start of operations and budgeted at the beginning of the year, although not reaching earnings, while the Law Number 36 Year 2008 regarding Income Tax through Government Regulation No. 93 of 2010 stipulates that only companies that have make a profit in the previous year which may charge CSR.Keywords: CSR, Synchronization, Tax Law
TANGGUNG JAWAB AKUNTAN PUBLIK ATAS LAPORAN KEUANGAN YANG OVERSTATED DI PASAR MODAL Windy Sri Wahyuni; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTPublic Accountant is supporting of professional the capital market that help company in implementing the principle of transparency. Public accountant have authority to review the financial statements that independent to produce a fairness opinion regarding the financial statements. Liability of public accountant on the financial statements only to the opinion that it provides. The problems discussed in this study is the independence of public accountant in the capital market, public accountant opinion on the financial statements in the capital market, and liability of public accountant on the financial statements that overstated in the capital market. This study were analyzed by using the theory of professional liability and the principles of transparency in the capital market. Based on these results, the independence of public accounting in capital market include aspects of the appearance of independence and independence of thought, public accountant opinion on the financial statements in capital market determined if the financial statements present fairly in all material respects that produces unqualified opinion, the liability of public accountant on the financial statements that overstated in the capital markets of the opinion that it provides, including losses incurred and public accountant may be given administrative sanctions, civil penalties and criminal sanctions.Keywords: Public Accountant Liability, Financial Statements overstated.
PERANAN MANAJEMEN RISIKO DALAM TUGAS DAN TANGGUNG JAWAB DIREKSI BANK BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Andy Andy; Mahmul Siregar; Suhaidi Suhaidi; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTBank as a financial intermediary institution often takes a risk of giving negative effect on economy and banking growth. In order to avoid the risk, every management (in this case, board of directors) has to apply risk management in order to give the picture of the loss which be faced by the Bank. Risk is applied by director management in order that the Bank does not undergo loss; therefore, he should keep clients’ finance properly and keep people’s trust. The application of management risk is implicitly stipulated in Law on Banking in due diligence principle and explicitly in PBI No. 11/25/PBI/2009 on Risk Management for Public Bank. If the application of risk management is applied by the director properly and the Bank still undergoes the loss, it is not the director’s responsibility personally. If the loss is caused by the director’s negligence and the lack of carefulness and good faith so that the Bank undergoes the loss, he is personally responsible for it.Keywords: Banking Risk Management, Director’s Responsibility
ANALISIS KOMPARATIF YURIDIS KEBIJAKAN ANTIDUMPING ANTARA INDONESIA DAN FILIPINA Novie Andriani Kesuma; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACTDumping is the practice of selling commodities in foreign markets at less than normal value. The member countries of GATT / WTO have used instruments of antidumping duties against unfair trade practices and allows members to apply anti-dumping duties. Indonesia and Philippines are part of members in WTO and have ratified the GATT-WTO provisions and should have an obligation to obey all the set provisions to their national laws. Although in the application of anti-dumping provisions, Indonesia and the Philippines are still referring to the provisions in the Antidumping Agreement, but the application of laws regulations is different. The differences are to determine the normal value of antidumping policy in Indonesia does not regulate the export price calculations based on CIF or FOB. Other factors that may affect the normal value as exchange value of the currency, Antidumping policy in Indonesia also not set up a special relationship between a producer and an exporter that should be excluded in the determination of the domestic industry and about the protection of domestic industry in Indonesia is regulated Antidumping Policy on Custom Law, while in Antidumping policy in Philippines is set in its own provisions.Keywords : Antidumping, Comparative
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMALSUAN MEREK PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK Alimuddin Sinurat; Runtung Runtung; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   In Law No. 15/2001 on brand, the caharacteristics of the criminal act of brand counterfeiting belong to the statement that all criminal act of brand counterfeiting is a violation that it is more to private than public law in nature, the characteristic of criminal law is increasingly less raised, the ordinary offense is changed into a crime on complaint, and the imprisonmentis reduced from 7 years to a maximum of 5 years. The law enforcement resulted in the uncertainty of law and justice. Different court decisions based on different criminal charge and even different imposed articles are given to the matters of the same cases. Therefore, the crime on complaint shall be changed into ordinary offense and the criminal act of brand counterfeiting shall also be considered as a criminal act not as a violation only.   Keywords: Brand, Characteristics, Criminal Act, Brand Counterfeiting, Law Enforcement
PEMBANGUNAN RUMAH IBADAT DI KOTA MEDAN DALAM KONTEKS PERIZINAN (Studi Terhadap Peraturan Bersama Menteri Agama dan Menteri Dalam Negeri Nomor 9 dan Nomor 8 Tahun 2006 Tentang Izin Pembangunan Rumah Ibadat) Roni Eko Wisuda Rambe; Jusmadi Sikumbang; Mirza Nasution; Suhaidi Suhaidi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Legal substances establishment of houses of worship in the city of Medan is divided in three components namely the structural components of the law in this cases in the conceptual framework of the applicable rule and regulations regarding the licensing houses of worship, namely construction of 1945; Law No. 28 of 2002 on building regulations, along religious affairs minister and minister of interior number 9 and 8 of 2006 on the establishment houses of worship; towns and local regulations number 5 2012 concerning the levy of building permits. Component substance of the law, namely the legal entities related of governance of licensing house of worship in the city of Medan that the city administration of Medan, the ministry of religion and forum religious harmony city of Medan, department of spatial and urban planning, as well as the official licensing of integrated city of Medan, further substance component of the legal culture in this case is the implementations of such rules in a society that must be adapted to the system of values, norm and habits in urban terrain to run properly and effectively. Keywords  : Houses of Worship, Licensing, Legal Effectiveness
Co-Authors Abdul Rahman Alimuddin Sinurat Andy Andy Anggiat Simamora Anto Sibarani Arif Arif Bambang Rubianto Bismar Nasution Deayu Deayu Dina S.T Manurung Donny Tanaka Silalahi Elsyam Maulana Faisal Akbar Nasution Fajar Khaifi Rizky Friska Messelina Sirait HASIM PURBA Hengki Hengki Ibrahim Ali Jelly Leviza Jusmadi Sikumbang Laila Fitriani Siregar Laurentia A. Kartika Mahmud Mulyadi Mahmul Siregar Makdin Munthe Melda Theresia Sihombing Melinda Gultom Mirza Nasution Muhammad Abduh Muhammad Faris Muhammad Hamdan Nico Hermawan Sipayung Novie Andriani Kesuma Paulina Tandiono Pendastaren Tarigan Rivai H Sihaloho Roni Eko Wisuda Rambe Runtung Runtung Samitha Andimas Putri Samudera Kevin Perkasa Suadela Liu Sutiarnoto Sutiarnoto Syafruddin Kalo Tania Yosefin Agustina Silalahi Wahyudi Agung Pamungkas Windy Sri Wahyuni Yefrizawati Yefrizawati Yuthi Sinari Zainal Abidin Pakpahan