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ASPEK HUKUM PERLINDUNGAN KONSUMEN DALAM KEBIJAKAN STANDAR NASIONAL INDONESIA (SNI) TERHADAP INDUSTRI ELEKTRONIK RUMAH TANGGA DI SUMATERA UTARA (STUDI PADA PT. NEO NATIONAL MEDAN) Roli Harni Yance S. Garingging; Runtung Runtung; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indonesian National Standard (SNI) was adopted by the International Standard Organization (ISO), the ISO adopted in particular fan of the International Electronic Commission (IEC). If businesses do not implement the SNI shall be sanctioned by Law No. 8 of 1999 on Consumer Protection. Problems arise when businesses are implementing SNI should produce in terms of trials to get SPPT-SNI. For example, be appointed PT. Neo National was to test the feasibility of the product quality brands such as Fan “SiJempol”. Products PT. Neo National was not obtained SNI, but TPPBJ Team (Team Supervisor Circulation of Goods and Services) found that the fan was in factory PT. Neo National has not been certified SNI. Therefore, PT. Neo National alleged to have committed violations of consumer protection in the field of producing goods that are not SNI. Provisions charged to PT. Neo National was Article 62 Paragraph (1) Jo. Article 8 Paragraph (1) Letter a and e. Law No. 8 of 1999 on Consumer Protection. In the meantime, to get SPPT-SNI, all businesses required to conduct due diligence on the quality Industrial Research Institute of Standardization. To test the feasibility of quality, these businesses also have to produce the goods samples for testing. This research was conducted to obtain legal certainty in the field of SNI for businesses who are implementing SNI. Barriers experienced by manufactures are SNI setting that overlap with consumer protection. Arrangements; Attitutde of PPNS-PK were unprofessional and proportionate; and Lact-disregard the Ministry of Industry in guiding businesses. Key Word : Indonesia National Standard; Consumer Protection; Implementation of SNI.

MEDIASI DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH Emirza Henderlan Harahap; Runtung Runtung; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRAK The need of Indonesian Moslem community for the bank operating in accordance with Islamic economic system was not juridically regulated until the enactment of Law No.7/1992 on Banking. In this law, the existence of Islamic bank or syarii banking has not yet been clearly stated, it is only called “bank with shared-revenue principle”. The concept of deliberation and dialogue is then directed to settle the dispute through the principle of legality which is then integrated into the process of proceedings in court through the Regulation of Supreme Court No.2/2003 which has been amended with the Regulation of Supreme Court No.1/2008 on the Procedure of Mediation in Court to make Article 130 HIR/154 RBg on Reconciliation which has been previously available effective. The fact is that reconciliation as stated in Article 130 HIR/154 RBg is currently implemented by the judge as a formality due to several constraints such as the lawyer and the judge are reluctant to peacefully settle the case, the judge has less capability, and peace efforts have not been sufficiently socialized. This condition also impacts the success of the implementation of the Regulation of Supreme Court No.1/2008 integrating mediation into the settlement of case in court, besides the success of the implementation of mediation is very much supported by the regulation that regulates it, facility and infrastructure, and the people involved in it.

PERLINDUNGAN HUKUM HAK KEPERDATAAN WARGA MASYARAKAT DI ATAS TANAH YANG BERADA DALAM KAWASAN HUTAN BERDASARKAN SK MENTERI KEHUTANAN RI NO. SK. 463/MENHUT-II/2013 DI KOTA BATAM Lia Nur Aini; Runtung Runtung; Alvi Syahrin; Rosnidar Sembiring
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Appointment forests of Riau Islands Province was first carried out on the basis of Forestry Ministerial Decree No. 173 / Kpts-II / 1986 dated June 6, 1986 on the appointment of the Provincial Forest Area In Riau As provincial, Forest Area. The ministerial decision based on the result of an agreement among the various agencies dealing with space management. As a result of agreements between institutions, the Minister of Forestry is better known by the term forest Forest Land Use Agreement (TGHK). But in doing development does not follow the BP Batam Forestry Ministerial Decree No. 173 / Kpts-II / 1986 and Minister of Forestry Decree No. 47 / Kpts-II / 1987. On June 27, 2013, the Ministry of Forestry issued a decree, the Minister of Forestry Decree No. 463 / Menhut-II / 2013, which resulted in several regions in Batam which has built the existing public facilities such as ports, housing, residential areas, shopping malls, business centers and industrial center that has been granted permission by the BP Batam, through Decree 463/2013 is designated as forest area and forest zone status yet Other (APL) which causes doubts for the community will be the status of legal certainty of land rights that they have, this resulted Decree 463/2013 is being debated in the Riau Islands. Communities, businesses, and even traditional leaders in Riau Islands protest. Keyword : legal protection, Civil rights, Forest

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 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

TANGGGUNG JAWAB PENGURUS TERHADAP AKTA PENDIRIAN/ANGGARAN DASAR YAYASAN SETELAH BERLAKU UU YAYASAN DAN PP NOMOR 63 TAHUN 2008 TENTANG PELAKSANA UU YAYASAN Syahrul Sitorus; Runtung Runtung; Suhaidi Suhaidi; Keizerina Devi Azwar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted. Keywords: Foundation, Management Responsibility, Memorandum of Association/ Statutes, Property, Government

PERTANGGUNG JAWABAN HUKUM KASIR (TELLER) AKIBAT KELALAIAN DALAM TRANSAKSI KEUANGAN NASABAH (STUDI PADA PT. BNI KCU USU MEDAN) Finita Serena Hutabarat; Sunarmi Sunarmi; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Banking is something which is related to banks, including institutional, business, method, and process of implementing its business. It plays an important role in clients’ financial transaction which is conducted by tellers. In this case, tellers are not without errors which harm the clients, and thus they have to take the responsibility for their errors. USU Main Branch Office of PT Bank Negara Indonesia is one of the branch offices in which the tellers make errors in clients’ financial transaction. The problems of the research were as follows: 1) how about the right and the obligation of tellers in the work contract between tellers and PT Bank Negara Indonesia, 2) how about the errors made by the tellers in conducting clients’ financial transaction at USU Main Branch Office of PT Bank Negara Indonesia, and 3) how about their responsibility for their errors in conducting clients’ financial transaction which harm the clients at USU Main Branch Office of PT Bank Negara Indonesia. Tellers’ responsibility is in the civil case in the form of an amount of money. Here, they have to and are fully responsible for settling the errors by compensating the clients’ nominal damages and the cost which was spent in doing the financial transaction. The obstacle is that when the nominal damage is too big, the tellers cannot afford to compensate it. Therefore, the management of the Bank will take over the responsibility, while the tellers will have sanction imposed on them. It is recommended that “other internal regulations” should be reaffirmed so that it will be obvious and certain which regulations that have to be complied by the tellers, and formless system in cash deposit transaction should be reviewed. Transparent rules of tellers’ responsibility in carrying out their job should be made clearer and the trade union of BNI should be involved in imposing sanction to tellers who make errors. Keywords : Errors, Financial Transaction, Responsibility

DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM PERSPEKTIF PEMBARUAN HUKUM ACARA PERDATA INDONESIA Muhammad Iqbal Tarigan; Runtung Runtung; Budiman Ginting; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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Electronic document is considered as evidence in the court’s verdict and in the Verdict of the Denpasar Higher Court No. 150PD/2011.Dps which recognizes email as legal evidence, whereas email is part of electronic document. However, the photograph which is a part of the document is not considered as evidence in the verdict. This is in line with the verdict of the Bondowoso Religious Court No 1537/Pdt.G/2011/PA.Bdw which states that sound record cannot be used as evidence although it is a part of the electronic document. Therefore, it is necessary to analyze the regulations concerning the use of electronic document as evidence in the Indonesian law of civil procedure and the criteria which can make electronic document as evidence in the law of civil procedure according to Law No. 11/2008 on Electronic Information and Transaction and on the Position of Electronic Document as Evidence in the innovation of the Indonesian law of civil procedure. Keywords: Evidence, Electronic Document, Innovation in Law

TANGGUNG JAWAB ORANG TUA TERHADAP NAFKAH ANAK PASCA PUTUSAN PERCERAIAN BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Anjani Sipahutar; Tan Kamello; Runtung Runtung; Utary Maharany Barus
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Responsibility is a readiness to accept an obligation or duty. It means that the responsibility is innate and a part of human life, that every human being has his/her own responsibility, there will be somebody else forces him/her to be responsible. It is clear that if a marriage ends with divorced, parents (their family) are responsible to protect their children from any problem related to the presents world or the hereafter. This study was aimed to answer the problem of how Moslem Indonesian divorced parents were responsible for the living of their children, to look at the judge's decision that required a father to continue his responsibility after his divorced was violated, and to find out whether the law in concrete found in the decision of the judge of religious court had been in accordance with the legal norms regulated in the law. Keywords : Responsibility, Divorce, Child Maintenance

PERLINDUNGAN HAK ATAS TANAH ULAYAT MASYARAKAT ADAT GAYO DI KABUPATEN BENER MERIAH Yowa Abardani Lauta; Syafruddin Kalo; Runtung Runtung; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (peruweren) of Uber-Uber and Blang Paku in Bener Meriah. Keywords: Ulayat rights, Adat Gayo Community, Bener Meriah District

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