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Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Manipulasi Informasi Elektronik Dalam Transaksi Transportasi Online : Studi Putusan Nomor 143/Pid.B/2018/PN. Lmg Barry Sugiarto; Ediwarman Ediwarman; Muhammad Hamdan; Jelly Leviza
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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  Abstract. Existing online transportation services namely online taxis and online motorcycle taxis where online transportation uses smartphone technology to connect consumers with available drivers near the consumer's position, with the existence of this online transportation business not only benefits consumers but also benefits drivers, but the benefits the driver has resulted in many people registering as online transportation partners, this makes high competition between online transportation drivers. The high competition among drivers makes some drivers try to justify various ways to overcome the competition in order to continue to benefit where some drivers do is to do illegal access, which is the activity of manipulating or hacking the work system of online-based transportation applications to reap profits without having to deliver passengers so that they still get incentives from the online transportation company.  The issues raised in this study, namely how the regulation of criminal law against the criminal acts of manipulation of electronic information in online transportation transactions, criminal liability for the perpetrators of the manipulation of electronic information in online transportation transactions based on Lamongan District Court Decree Number 143/Pid.B/2018/PN.Lmg, and law enforcement efforts against the crime of manipulation of electronic information in online transportation transactions, especially in the Decision of the Lamongan District Court Number 143/Pid.B/2018/PN.Lmg. To find answers to these problems, this research uses descriptive analytical normative legal research, in which normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. Keywords: criminal liability, manipulation, information, electronic data.
TINDAK PIDANA MENYURUH MEMASUKKAN KETERANGAN PALSU DALAM AKTE OTENTIK (STUDI PUTUSAN NOMOR : 1545/PID.B/2012 PN. MEDAN. JO PUTUSAN NOMOR :39/PID/2013/PT.MEDAN.) Themis Simaremare; Muhammad Hamdan; Mahmud Mulyadi; Jelly Leviza
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Article 266th -  first paragraph of the Criminal Code, about "people who were told to do". Case on 4th March, 2008 at Tulung Agung office, the  witness, Eveline Sago bought land  from Octo Berman Simanjuntak in Mandailing Natal, North Sumatra at  price USD. 6,000,000,000. The  High Court of  Medan  convict  the defendant to imprisonment for 1 (one) year and 6 (six) months confinement, specify the period of detention has been done by the defendant deducted entirely of imprisonment imposed, ordered defendant was arrested to jail break for eight months, and ordered the evidence to be returned to the Octo Berman Simanjuntak. This research also discuss about normative law ( normative juridical). And  the  characteristic is perspective analysis with “statute” and “analytical” approaches  to analysis  the  case. The results of this research contains : (a) The wearing of act (b) Fake letter and forged letters, (c) Using of subjective element (d) Actions (e) Objects (f) Authentic deed (g) the truth (h) cause harm ( Article 263rd and 266th ). Keywords: Crime, Entering False Information, Authentic Deed
PERAN POLRI DALAM MENGIMPLEMENTASIKAN RESTORATIVE JUSTICE PADA PENANGANAN PERKARA PIDANA (STUDI DI POLRES BINJAI) Ronni Bonic; Alvi Syahrin; Marlina Marlina; Jelly Leviza
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Restorative justice practices will be assessed on the dimension correlated with the enforcement of criminal law (law enforcement) conducted by the national police, for example correlated with the handling of cases handled by the fuction of detective in the investigation of crime. The framework used by the function of detectives in the investigation process that is based on a formal judicial or termination of criminal cases, the problems that arise are already fulfillment of the element of criminal elements when faced with problem resolution through restorative justice which takes precedence or ruled out, if embraced by the the community provided they are not contrary to the principles of criminal law. The role of the national police to implement restorative justice can not be separated from the rule of law is the basis for both the laws and regulations of the national police and the the national police internal policies that define the telegram letter head of the national police headquarters criminal detectives. Restorative implement justice carried out by national police detectives who carry out function basically intended for handling cases of children, common interests and the maintenance of social order.   Keywords : National Police, Restorative Justice, Criminal Cases Handling
Analisis Penerapan Peraturan Presiden Nomor 75 Tahun 2015 Tentang Rencana Aksi Nasional Hak Asasi Manusia Dalam Kebijakan Hukum Pemerintah Daerah Provinsi Sumatera Utara Edo Maranata Tambunan; Faisal Akbar Nasution; Mirza Nasution; Jelly Leviza
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The demand for awareness of the protection, respect, enforcement, fulfillment and promotion of human rights is the commitment and responsibility of the state. This form of ethical awareness is manifested and normalized in the form of Presidential Regulation Number 75 of 2015 concerning the National Action Plan for Human Rights as an elaboration of the Vienna Declaration and Program of Action June 25, 1993. This study uses a normative juridical method that is descriptive analytical. While the National Action Plan on Human Rights of the province of North Sumatera is regulated and recommended based on the Minister of Home Affairs Circular Letter No. 180/1319/SJ, which was previously regulated and must be determined based on Presidential Instruction; On the other than funding for the application of National Action Plan for Human Rights in the Regional Government of the province of North Sumatera in the 2015-2019 period is still experiencing budget limitations. So it needs to be recommended to increase the commitment of both central and regional governments by forming legal policies on a human rights perspective and improving and reinforcing the position and governance of the Presidential Instruction as well as the Minister of Circular Letter which is used as a reference or implementing regulation policy rather than Presidential Regulation Number 75 of 2015 concerning National Action Plan on Human Rights as a reference and reporting procedure for regional human rights actions that have been established. Then, the implementation of National Action Plan on Human Rights in the Regional Government of the province of North Sumatera needs to be addressed with a synergy of more rational and adequate budget coverage, as well as establishing harmonious relations between the province of North Sumatera Government's Human Rights Action Team, especially between the Regional Head and the Regional Representative Council in encouraging understanding for protection and the promotion of human rights through a comprehensive and accountable regional budgeting process.   Keywords : human rights, national action plan on human rights, legislation.
PERBANDINGAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG NO. 31 TAHUN 1999 Jo UNDANG-UNDANG No. 20 TAHUN 2001 TERHADAP RANCANGAN UNDANG-UNDANG KUHP TENTANG TINDAK PIDANA KORUPSI Phio Tuah Reysario Sinaga; Mahmud Mulyadi; Muhammad Ekaputra; Jelly Leviza
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption is always seen as a contagious disease and can proliferate in a particular network, does not stop at a single network, but rather to move from one network to another until completely destroyed tissue. Corruption is a crime which is seen as a high level of crime, not only because this crime is done through technical and systematic effort but the implications arising from this crime and undermine the entire system perarel affected by the corruption virus. Corrupt practices are often interpreted as positive, when this behavior becomes an effective tool to penetrate the public administration, and political channels were very closed. Corruption is also an effective tool to ease the tension between the bureaucrat and politically, because both are involved together in achieving compliance with their own personal interests. Whatever the reason, corruption tends to create economic inefficiencies and waste sector as it has a direct impact on the allocation of funds, production, and consumption funds. Corruption direct or will not affect the level of quality of goods and services Keywords: corruption, crime, extraordinary crime
Harmonization of ASEAN Investment Law on the Perspective of Indonesian National Investment Law Jelly Leviza; Ningrum Natasya Sirait; T. Keizerina Devi
Proceedings of AICS - Social Sciences Vol 6 (2016): Proceeding of 6th AIC in conjuction with ICMSA
Publisher : Proceedings of AICS - Social Sciences

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ASEAN's decision to accelerate the implementation of the ASEAN Economic Community (AEC) by 2015 based on the Cebu Declaration, 2007. ASEAN then create a blueprint that describes the steps that must be reached in the AEC in 2015 such as the elimination of taxes and tariffs based on sectors which have been agreed, and all the factors of production such as labor and capital are allowed to move freely crossed the line of ten member countries through the common market. In the field of investment, ASEAN has an ASEAN Comprehensive Investment Agreement (ACIA) to conduct a review of the Framework Agreement on the ASEAN Investment Area (AIA) and ASEAN Investment Guarantee Agreement (IGA). The establishment of ACIA is to encourage a more liberal investment environment, transparent, competitive and facilitative. Indonesia has been preparing the investment regime under ASEAN for example by creating a variety of legal instruments to further open the influx of foreign investment and ensure equal treatment of foreign investors to domestic investors as desired by the ACIA. The problem today is that besides the existence of ACIA as regional investment agreements under the ASEAN there is also a multilateral investment agreement under the WTO (TRIMs). In most small scale there is also Bilateral  Investment  Treaty  (BIT). That  condition is  still added  to the  national investment regimes of each country, including for example the Indonesian national investment laws. Based on the above, this paper will examine the ASEAN agreement on investment (ACIA) and the Indonesia national legal arrangements. Then it will also examine Indonesian Government policy on BIT with respect to the ACIA. The purpose of this study was to explain the relevance of Indonesia’s national investment law harmonization with ASEAN Agreement and to determine the relevance of the BIT with the ACIA.
Legal Instruments for the Protection of Migrant Workers by ASEAN and Indonesia National Law Jelly Leviza; Ningrum Natasya Sirait; T. Keizerina Devi
Proceedings of AICS - Social Sciences Vol 6 (2016): Proceeding of 6th AIC in conjuction with ICMSA
Publisher : Proceedings of AICS - Social Sciences

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The existence of ASEAN as an international organization with legal personality was referring to the birth of the ASEAN Charter, 2007. The Charter became effective on December 15,2008 that Indonesia has ratified by Law No. 38 Year 2008. The Charter emphasizes the commitment of regional cooperation within the framework of the ASEAN Community basedon three pillars: political security, economic and socio-cultural. The three pillars areinterrelated for the purpose of peace, stability and prosperity in the ASEAN. One area that was agreed by ASEAN is legal protection for migrant workers. Legal protection for migrant workers is important because of some cases of abuse and torture by the employer, as in the case of Siti Hajar 2009. For the Indonesian legal protection for migrant workers is urgent because the number of migrants is increasing every year and it is the Government's obligation to protect its citizens wherever existence. ASEAN, in the regional level already has legal instruments for the protection of migrant workers namely the ASEAN Declaration of the Protection and the Promotion of the Rights of Migrant Workers. While at the national level, Indonesia has a number of legal instruments related, that is Law No. 13 Year 2003 and Law No. 39 Year 2004 on the Placement and Protection of Indonesian Workers Abroad. Based on the above, this paper will examine first, the protection of the rights of migrant workers within the framework of the ASEAN agreement and the second will examine the comparison between the protections of the rights of migrant workers in ASEAN level with Indonesia national law. The goal is to determine the harmonization and synchronization of the legal protection of migrant workers in ASEAN perspective and the perspective of Indonesian national law.
ASAS ITIKAD BAIK DALAM PERJANJIAN PENDAHULUAN (VOOR OVEREENKOMST) PADA PERJANJIAN PENGIKATAN JUAL BELI RUMAH (STUDI PUTUSAN PENGADILAN NEGERI SIMALUNGUN NO 37/PDT/PLW/2012/SIM) Novalia Arnita Simamora; Tan Kamello; Rosnidar Sembiring; Jelly Leviza
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT PPJB (purchase contract) on housing is a preliminary agreement (voor overeenkomst) between a seller and a potential buyer as it is stipulated in Article 42, paragraph 1 of Law No. 1/2011 on Housing and Residence and in Kemenpera (the Decree of the Minister of Low-Cost Housing) No. 9/1995 which become the basis for PPJB as the preliminary agreement. Even though PPJB is consensual, it is made by paying attention to good faith principle as it is stipulated in Article 1338, paragraph 3 of the Civil Code. The party with good faith is given legal protection as it is stipulated in the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 251k/sip/1958. Therefore, this thesis attempted to analyze the legal consequence of PPJB made by PT Surya C in the perspectives of good faith and legal protection for potential buyers who had good faith. Keywords: Good Faith Principle, Preliminary Agreement, PPJB (Purchase Contract) in Housing
PELAKSANAAN PENGAWASAN WARGA NEGARA ASING DI WILAYAH KERJA KANTOR IMIGRASI KELAS II BELAWAN BERDASARKAN UU NO. 6 TAHUN 2011 TENTANG KEIMIGRASIAN Warhan Wirasto; Suhaidi Suhaidi; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Immigration based on article 1 Act number 6 year 2011 is a case history of traffic or people coming out of Indonesia’s territory and surveillance in order to preserve the enforcement of state sovereignty. Immigration have 3 function or in common named “ Tri Function of Immigrastion”, that is community service function, law enforcement function and economic fasilitator function. Indonesian layout area especially Belawan has a strategic location from geografic or trading because close to Singapore and make a lot of factory build in this region so that things have a correlation with the user of skilled people that comes from another country and make a lot of foreign people from another country want to enter and come to Indonesia, which is that foreigner has a goal and different purpose. Immigration policy for that foreigner in 2 (two) approach that is prosperity approach, which is only foreigner that bring benefit for prosperity and wallfare to Indonesian people allowed to entering Indonesia. And then security approach that is give Immigration permit to them that not harm  security of country and general order. The problems that faced for surveillance of foreigner system based on Act Number 6 year 2011 in Indonesia teritory especially in Immigration office of class II Belawan region and what that Immigration office of class II Belawan do to foreigner that breaking Immigration rule. The research Methods that used is the juridical normative that is study in konsepsional order from the meaning and the intent from regulation national law that have a correlation with Immigration surveillance and action to the permit of the foreigner who has stay in indonesia and empirical juridical that is seeing the fact that occur in the field, and then connect to regulations now. The setting of surveillance for foreigner in Indonesia have been set up in Immigration act number 6 year 2011 but now the applications in the field esspecially in Imigration class II office of Belawan region have a few barrier and obstacles.   Keywords : Supervision, Foreigner, Immigration office of Belawan
Analisis Hukum Terhadap Restrukturisasi Badan Usaha Milik Negara (BUMN) Sektor Minyak Dan Bumi Putri Ayu Pratiwi; Ningrum Natasya Sirait; Mahmul Siregar; Jelly Leviza
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The state established a SOE to seek natural wealth for the people's welfare. There are two Sector SOE of Oil and Gas namely PT Pertamina and PT PGN. In an effort to boost the performance of SOE, the Government has restructured the synergy of similar BUMN. The Government established Oil and Gas SOE Holding through Government regulation number 6 of 2018 concerning Addition of capital participation into PT Pertamina share capital. Through the Government Regulation, making Pertamina as the parent company of SOE oil and gas, PGN as a subsidiary and resulting in the status of the PT PGN Tbk Company (Persero) changing into a limited liability company that fully complies with the limited company Law, PGN is no longer a BUMN. Government regulation number 6 of 2018 as the legal basis for the establishment of the Oil and Gas Holding raises a mismatch of the legal rules between the Company Law and the BUMN Law and the State Finance Law, the State Treasury Law and the Oil and Gas Law which results in legal uncertainty. The absence of legislation governing state-owned holding increasingly makes it unclear in managing BUMN. The transfer of State shares to PGN to Pertamina resulted in PGN being subject to the Company Law. However, in the explanation of Government Regulation Number 72 of 2016, that a subsidiary in this case PGN is equated with a BUMN. Therefore, the provisions of Government Regulation Number 72 of 2016 and Government Regulation Number 6 of 2018 are only to legalize the establishment of Oil and Gas SOE Holding but do not make it absolutely a Limited Liability Company.   Keywords: restructuritation, state own company, oil and gas
Co-Authors Abdul Rahman Abdurrahman Harit’s Ketaren Ade Yuliany Siahaan Adhazar, Virajati Adhi Pradana Barus Agung Firmansyah Agung Julian Agusta Kanin Akbar Hamdani Rambe Alfian Syahri Ali Sentosa Alma Panjaitan Alvi Syahrin Alvi Syahrin Alvi Syahrin Ananda Jakaria Andalan Zalukhu Anderson Sirongoringo Sirongoringo Andy Andy Anggara Suryanagara Anggreni Atmei Lubis, Anggreni Atmei Annisa Siregar Ansharullah Ida Arif Arif Aronifati Zebua Atika Putri Amira Aulia Nusa Bela Ayu Nika Azam, Saiful Azwarman Azwarman Bachtiar Simatupang Barry Sugiarto Beby Suryani Fithri Budiarto Sembiring Budiman Ginting Budiman Ginting BUDIMAN GINTING Budiman Ginting Ginting Chairul Bariah Chairul Bariah Christina N M Tobing Chrisyela Sinaga Cindy Vania Lumban Batu Clara Apulina Ginting Cut Maidina Ananda Putri Deayu Deayu Dedi Harianto Dedi Harianto Deni Purba Dewi Ervina Suryani Dina S.T Manurung Dr.M.Ekaputra, S.H,M.Hum Ediwarman Ediwarman Edo Maranata Tambunan Eka Husnul Hidayati Ekpi Yoksara Simbolon Elpina Elpina Eman Suparman Esthalita Octavia Tobing Fadhillah Fahmi Adriany Fahri Ramadhan Faisal Akbar Nasution Faisal Akbar Nasution Faiz Ahmed Illovi Fajar Khaify Rizky Fitria Ramadhani Siregar Friska Messelina Sirait Gomgoman Simbolon Gunarto Gunarto Hanawi Aananda Putra Sitohang Harris, Abd Harry Fauzi Hasim Purba Hasim Purba Hengki Hengki Hotman Bintang Parulian Aruan Indra Kurniawan Nasution Isnaini Isnaini Ivan Jovi Hutauruk Jean Bernard Myson Joni Sandri Ritonga Junandar Indra Tongam Panggabean Kania Syafiza Keizerina Devi Azwar Keizerina Devi Azwar Khalida Syahputri Lani Sujiagnes Panjaitan Laurentia A. Kartika Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Albisar Mahmud Mulyadi MAHMUL SIREGAR Mahmul Siregar Maria Kaban Maria Margaretta Sitompul Marlina Marlina Marlina Marlina Marsella, Marsella Marupa Hasudungan Sianturi Melda Theresia Sihombing Mhd. Nur Arrahman Nasution Micael Jeriko Damanik MIRZA - NASUTION Mirza Nasution Mirza Nasution Muhammad Din Al Fajar Muhammad Ekaputra Muhammad Hamdan Muhammad Hamdan Muhammad Umar Ningrum Natasya Sirait Ningrum Natasya Sirait Ningrum Natasya Sirait Novalia Arnita Simamora Novie Andriani Kesuma Nurul Kamila O.K Saidin O.K. Saidin OK Saidin OK. Saidin OK. Saidin Okky Wiratama Pendastaren Tarigan Tarigan Phio Tuah Reysario Sinaga Prof.Dr.Syafrudin Kalo,SH,M.Hum Purba, Ardiansyah Purba Putra, Wahyudi Prima Putri Ayu Pratiwi Raisa Rafina Rajagukguk, Eko Yudis Parlin Rambe, Akbar Hamdani Reyhan Agung Munthe Riadhi Alhayyan Riadhi Alhayyan Riadhi Alhayyan RIZKI RAHAYU FITRI Rizky Akbar Prabowo Ronni Bonic Rosnidar Sembiring Saidin Saidin Saiful Azam Satria Perdana Siregar, Taufik Sitepu, Kartika Dewanty Sitepu, Runtung Siti Sarra Sonang Akbario Sriayu Aritha Panggabean Steffy Steffy Suadela Liu suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Sukses M. P. Siburian, Sukses M. P. Sumanggam Wahyu Sunarmi, Sunarmi Sutiarnoto Sutiarnoto - Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Syafrizal Syafrizal Syafruddin Kalo Syafruddin Kalo Syamsul Arifin Syaravina Lubis T KEIZERINA DEVI T Keizerina Devi T. Keizerina Devi T. Keizerina Devi T. Keizerina Devi A T. Keizerina Devi Azwar T. Keizerina Devi Azwar - T.Keizerina Devi Azwar Tan Kamello Tengku Keizerina Devi Theddy Theddy Themis Simaremare Utari Maharany Barus Utary Maharany Barus Ventyrina, Ine Warhan Wirasto Windy Widya Utami Yahya Ziqra Yefrizawati Yefrizawati Yemima Amelia Siagian Yolanda Sari KS Yuthi Sinari Zainal Abidin Pakpahan