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Dedi Harianto
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS PELEPASAN AREAL HAK GUNA USAHA PT.PERKEBUNAN NUSANTARA II (PTPN II) KEPADA PT.KAWASAN INDUSTRI MEDAN (PT.KIM) Lamtiur Imelda P Nababan; Syafruddin Kalo; Bismar Nasution; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The legal status the Management Rights No. 1, 2, and 3 has been owned by PT KIM (Persero) because there is no revocation of the Management Rights Certificate by the National Land Board, and there is no Court’s verdict which states that the Management Rights No. 1, 2, and 3 are revoked or no legal enforcement. The renunciation of the Leasehold Land Area No. 10 has been in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 on the Guidance for Transfer of Ownership of fixed assets of State Owned Enterprises. Besides that, the renunciation of the leasehold land area is not in the status of dispute because the Leasehold Certificate No. 10 has been issued 5 (five) years and 3 (three) months, but Tugimin and associates do not file a complaint in the written form to the holder of the certificate and to the Head of the Land Office or do not file a complaint to he Court about the possession of land and about the issuance of Leasehold Certificate No. 10 on June 19, 1994. Therefore, based on Article 32, paragraph 3 of the Government Regulation No. 24/1997 on Land Registration, Tugimin and associates cannot file any complaint, and the resolution of dispute on the crop land in the leasehold land area of PTPN II, which has been renounced to PT KIM was done through mediation. Keywords: Judicial Analysis on the Renunciation of Leasehold Land Area of PTPN II to PT KIM
PENGAKUAN KEDUDUKAN ANAK DI LUAR PERKAWINAN DALAM KAJIAN HUKUM POSITIF Noviyanti Wulandari Sitepu; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal consequence caused by a legal marriage is that the child, born from it, will be a legitimate child who has civil law relationship with the parents. On the other hand, an illegal marriage will not have any ralationship with legal consequence. A child from an illegal marriage will become the target of social law caused by the biological mother and the genetic father. The position of as  child plays an important part in a marriage although the father may not recognize his child when the latter comes from an illegal marriage. The recognition of a child’s position is merely as a ‘recognized child’ (natuurlijk erkendkind) and not as a legitimate child (wettig kind) without being followed by a legal marriage. It can be formulated some problems as followed : 1) how about the background of a child’s position from an illegal marriage in the study of positive law, 2) how about the recognition of an illegitimate child’s position in the study of positive law, and 3) how about the implementation of an illegitimate child’s civil right in the study of positive law. Research better way to solved problem or to find answer from principal deduce and then systematic planning. Methodology is a logic based from scientific research. From the result of the research, it can be concluded that for the case which needs the provision of a marriage, judges do not need to refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010. They only needs to examine the completesness of evidence and hears witnesses who are prensented as applicants. For the case of recognizing an illegitimate child, judges refer to the Ruling of the Constitusional Court No. 46/PUU-VIII/2010 as the consideration for the sake of the child. Keywords : Illegitimate Child, Recognition of Illegitimate Child, Civil Right of Illegimate Child.
PERTANGGUNGJAWABAN PIDANA TERHADAP KEGIATAN MENGEDARKAN PRODUK SEGAR HORTIKULTURA IMPOR YANG TIDAK SESUAI DENGAN STANDAR MUTU DAN/ATAU KEAMANAN PANGAN MENURUT UU NO.13 TAHUN 2013 TENTANG HORTIKULTURA Kartina Pakpahan; Alvi Syahrin; Mahmud Mulyadi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Distributing Imported Horticultural Fresh Products to consumers takes a long time or days so that they have to meet the quality standard and/or food security so that they will be safe to be consumed and will not harm consumers health and social welfare. Article 88 Paragraph 1 and 4 of law No.13/2010 on Horticulture regulate responsibility that everyone who distributing imported horticultural fresh products have to meet quality standard and/or food security. Criminal provision expressly stated in the article 128 and 129 of law No.13/2010 on Horticulture, anyone who distributing imported horticultural fresh products that do not meet the quality standard and/or food security required criminally accountable for his actions because it is very harmful to human health both present and future generations. The Criteria of quality standard and/or food security is stipulated in PP No.28/2004 on Food, Quality and Nutrition. Criminal responsibility, applied to perpetrators in criminal act and implemented in the principle of “no crime without any fault”. Fault aspects can be in the form of taking responsibility, willfulness or negligence and excusing liability. The three aspects cannot be separated since they depend on one to another consecutively, an indispensable element for legal subject to be accountable committing the criminal act distributing imported horticultural fresh products that do not meet the quality standard and/or food security. Legal subjects that anyone can be responsible consist of Individuals,Official Empowered to have autority in giving permit, supervision in distributing imported horticultural fresh products, and corporate comprising legal entity and is not a legal entity.
PELAKSANAAN RESTRUKTURISASI KREDIT MACET BERDASARKAN PERATURAN BANK INDONESIA DAN HAMBATANNYA PADA PT BANK RAKYAT INDONESIA CABANG BINJAI Novrilanimisy Novrilanimisy; Tan Kamello; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bank Indonesia through the Regulation of Bank Indonesia No. 14/15/PBI/2012 on the Assessment on the Asset Quality of Commercial Bank. Credit restructuring is an attempt of a Bank to handle debtors who get difficulty in paying off their debts by decreasing interest rate, extending credit term, reducing the arrears of bank interest, reducing bank main arrears, increasing credit facility, and/or conversing credit to temporary equity. Bank Rakyat Indonesia also issued guidelines for handling credit through credit restructuring,based on the Circulation Letter of PT Bank Rakyat Indonesia No. S.12-DIR/ADK/5/2013. The parameter for determining non-performing credit which is worthy of getting restructuring is the debtors who get difficulty in paying off principal or credit interest and they should have good business prospect and are able to pay off their debt after it has been restructured. Some obstacles faced by Bank Rakyat Indonesia Cabang Binjai are as follows: debtors are difficult to cooperate, debtors are not transparent in conducting negotiation, Bank gets difficulty in approaching debtors since they are not cooperative, the content of the restructuring is not complied according to what has been agreed, credit restructuring is not supported by the information about the complete document about debtors’ businesses, and Bank finds it difficult to directly control debtors’ businesses. Keywords : Credit restructuring, Bank, non-performing credit
PRINSIP KEHATI-HATIAN DALAM BISNIS KARTU KREDIT PADA PT. BANK NEGARA INDONESIA SENTRA BISNIS KARTU MEDAN Liza Bayduri Nasution; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Credit card is one of products issued by banks. In credit card processing should be precautionary principles in order to the using of credit card does not emerge, which cause the loss foward the banks issuing credit card and the card holders. The problem of this study, such as How does PT.BNI Card Business Centre apply the precautionary principles in accordance of the internal rules of credit card business handling? What are the form of violation of the precautionary principles in the credit card busines activities? How does the accounttability  related to credit card business and the accomplishment of problem loans? Precautionary principles are applied in the credit card application process. The terms of the precautionary principle violation in credit card business activities may accur the time of the documents of the card applicant are not actually checked. In case of violation of precautionary principles occured by internal party the officer,concerned,sould be responsible for the violation. Keywords: Prudential Principle, Credit Card, Banking Regulation
TINDAK PIDANA PENIPUAN TERKAIT DENGAN IKLAN PENJUALAN BARANG YANG MERUGIKAN KONSUMEN Julieta Santi Simorangkir; Syafruddin Kalo; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Meet their needs, consumers are faced with various types of products offered by businesses. With the various types of products and freedom for consumers to choose a variety of products offered lead to competition among businesses. Competition among businesses to market products that offer the consumer interest can be done in various ways, one of them promoting products through print media advertisements. Advertising is a tool for businesses to introduce their products to the public in order to influence the tendency for people to use or consume. The problem is, the ad does not always give a true or deceptive information about an advertised product, so that consumers can be harmed by the behavior. If perpetrators of this background can be formulated several problems, namely how the forms of advertising fraud that harm consumers, whether fraud ad meets the elements of a crime, how to determine the criminal liability for those who make advertising the sale of goods that harm consumers in Indonesia based on the Code of Criminal Law and Law 8 of 1999 on Consumer Protection.  Keywords : Ad Fraud, Liability Business Communities Ad, Ad Adverse Consumers.
HAK SUARA KREDITOR SEPARATIS DALAM PROSES PENGAJUAN UPAYA PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Kemala Atika Hayati; Tan Kamello; Dedi Harianto; Hasim Purba
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment, do not allow the sound to be heard in a secure creditor approval peace efforts in bankruptcy unless the separatist creditors to waive his right to be but in the review of the decision of the Supreme Court No. 62 PK/Pdt.Sus/2012 considered it essential to secure creditor voice in decision making peace efforts. This leads to the need to be assessed on the direction of the voting rights in a secure creditor filing approval peace efforts under the Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment. Regarding the position of creditors separatists had no voice in the decision making peace efforts in Act No. 37 Year 2004 on Bankruptcy and Suspension of Payment and the basis of the Supreme Court considers it important to pay attention to the position of creditors voting rights in decision-making separatist peace efforts. Keywords : Bankruptcy, Creditor Voting Rights Separatists, Filing Peace  Efforts.
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
PENERAPAN PEMBUKTIAN TERBALIK DALAM PERKARA GRATIFIKASI Lestari Victoria Sinaga; Alvi Syahrin; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Based on the results of this study, the idea of the principle of reversal of the burden of proof imposed a total and absolute terms has been accepted since the Act No. 3 of 1971 with the formulation of the defendant can prove that he is not corrupt, but the burden of proof of alleged corruption in the hands of the public prosecutor. Legislation is only put evidence as a “shift” only instead of “reversal” burden of proof, so that the term in Law No. 31 of 1999 on a system of proof is reversal of the burden of proof is limited and balanced. Implementation of the system of proof in a criminal act of gift giving No. 98 / Pid.Sus / Tpk / 2013 Bandung District Court on behalf of Billy Sutejo that the use of money to establish a Building Permit is used for its own sake. The judge in imposing the acquittal to the accused is the misinterpretation of article 12B, paragraph 1, letter b clarified that the corruption is a formal offense, enough with the fulfillment of the elements of the act does not have to exist as a result. This has become less conscientious judge in making a decision. Excess application of reversed burden of proof is accused human rights protected in front of the court in terms of evidence. Description defendant help ensure public prosecutor in the trial. While the weakness is first of proof that an article that is not in the bedroom but the law can not be applied into practice. Keywords: Reversal of the Burden of Proof, Gratification, Corruption Criminal Act
PERLINDUNGAN HUKUM TERHADAP PENGGUNA KARTU ATM TERTELAN DITINJAU DARI UU NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (STUDI PUTUSAN NO: 77/PEN/BPSK/MDN/2012) Donny Mangiring Tua Siburian; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transaction by using ATM (Automatic Teller Machine)  has  to  be  sure  that his ATM card can withdraw money and secrecy of PIN (Personal Identification Number).  A legal case in the ATM working system occurred that his ATM card was stuck in the machine and surprisingly he lost Rp. 76,800,000  from his accounts. The result of the research showed that protection for consumers in using ATM cards which are taken in ATM machines is regulated in Article 19, paragraph 1 of Law No. 8/1999 on Consumer Protection, Article 29, paragraph 5 of Law No. 10/1998 on Banking, the Regulation on Financial Service Authority No. 1/POJK.07/2013, and the Regulation of Bank Indonesia No. 16/1/PBI/2014 on Protection for Consumers as the Users of Financial System Service. It is recommended that regulation on legal protection for consumers whose ATM cards are taken in ATM machines,  the uniformity of judge’s decision in  BPSK verdict with the Court’s Ruling should also be established. Keywords: Legal Protection, ATM Card, Consumer Protection
Co-Authors Aida Nur Hasanah Alvi Syahrin Andini Pratiwi Siregar Bismar Nasution Budiman Ginting Donny Mangiring Tua Siburian Fatimah Islamy Nasution Hani Riadho Nasution Hasim Purba Huller Gabe Dimpos Sinaga Irene Putri Kartikasari Siregar Julieta Santi Simorangkir Jusnizar Sinaga Kartina Pakpahan Keizerina Devi Azwar Kemala Atika Hayati Lamtiur Imelda P Nababan Lestari Victoria Sinaga Liza Bayduri Nasution Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Muhammad Hamdan Muhammad Iqbal Tarigan Novanema Duha Noviyanti Wulandari Sitepu Novrilanimisy Novrilanimisy Robert Robert Ruben Tambunan Runtung Runtung Runtung Sitepu Sri Hartati Br. Nadapdap Suhaidi Suhaidi Sunarmi, Sunarmi Syafruddin Kalo Tan Kamello Tan Kamelo Utary Maharani Barus Utary Maharani Barus