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TANGGUNG JAWAB KUASA PENGGUNA ANGGARAN TERHADAP KEUANGAN NEGARA DALAM PROSES PENGADAAN BARANG/ JASA PEMERINTAH ( STUDI KASUS PENGADAAN ALAT KESEHATAN DI RSU dr. FL. TOBING SIBOLGA Dearma Sinaga; Pendastaren Tarigan; Faisal Akbar Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The goods / services within the government are composed of organizations in the implementation of the Budget User / Authorized Budget, Commitment Officer, Procurement Committee, Managing Committee of Goods, which has the authority duties and responsibilities based positions - each, which is stipulated in President Number 54 Year 2010, the Budget Authority has the duty and authority by delegation of authority from the Budget Users, clearer about the delegation of authority to the Budget Users Budget Authority in Rule Number 1 Head LKPP 2012. Irregularities in the procurement of goods / services can government sanctioned, can be administrative sanctions, penalties and damages State sanction criminal penalties. Keywords: Responsibility, Budget Authority, the State Treasury, Procurement of Goods / Services

ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO: 124K/ TUN/2013, TENTANG TERBITNYA IZIN MENDIRIKAN BANGUNAN DI ATAS TANAH YANG MASIH DALAM SENGKETA DI PENGADILAN TATA USAHA NEGARA MEDAN Deliana Simanjuntak; Budiman Ginting; Sunarmi Sunarmi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Building permits rising over disputed land in State Administrative Court Medan. Before the building permit is issued, Plaintiff reported to the local office of spatial and building code field on the status of the land is still in the process of law (debatable), but the Agency for Spatial and building overlook the claimant report, which should Spatial Agency and the building had to postpone publication Building permit because there are reports plaintiff. Then Building permit issuance is not in accordance with the Decree Mayor of Medan No. 34/2002 junto Regional Regulation of Medan No. 5/2012 about Retribution Building permits, Article 13, point (b) Issuance of Building Permit may be delayed if there are complaints about land disputes or no legal proceedings in the building or land, either in written form or orally. The judges made a different decision: Administrative Court of Medan to cancel the building permit, and the State Administrative High Court of Medan supports the decision the Administrative Court of Medan, but the verdict of the Supreme Court rejected the verdict Administrative High Court of Medan rejected the lawsuit and the Plaintiff. The verdict difference need to be analyzed and researched to find the correct legal value. Keywords: Issuance of Building Permit on a Disputed Land

PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PROSES PEMBERIAN IZIN MENDIRIKAN BANGUNAN ( Studi Pada Dinas Tata Ruang dan Tata Bangunan Kota Medan ) Yuke Dwi Hidayati; Pendastaren Tarigan; Budiman Ginting; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The regulation of license found building in Medan arranged in various forms of regulation, ranging from legislation to regulation mayor, as well as a variety of related laws. But this time the legislation has not been implemented explicity. The general principle of good administration is seen as unwritten legal norms that should always be adhered by government. However, the application of the general principle of good administration currently not optimally carried out by Medan’s government, in particular spatial and office building. Presence of building that do not have license found building but sturdy buildings remain standing, which eventually became a problem for Medan’s government, because when the license found building is issued while the certificate does not exist, then the Medan’s government has done unlawful acts. In the otherwise, if Medan’s government does not give the license found building but still left the constraction is tantamount to letting a violation of law. This violates the principle of legal certainty, precision in action and also the principle of public interest. Medan’s government supervision of the implementation of the city government license found building as well as the administrative law to enforce license violation sodium absorption ratio is still unfair. The building with a very large category but have been left standing, while the buildings in the small category but not have done demolotion license. Therefore required the use of up general principle of good administration more firmly in the issuance of license found building and also required the application of strict sanctions and supervision are more optimal.

PENERAPAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DALAM UPAYA MENGOPTIMALKAN PENGEMBALIAN KERUGIAN NEGARA (Studi Putusan Mahkamah Agung Nomor: 1605 K/Pid.Sus/2014) Budi Bahreisy; Muhammad Hamdan; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption lately is getting more discussed, either in print, electronic or in seminars, workshops, discussions, and so on. The wealth gained from the crimes of corruption is usually can not directly be used because of the fear nor indicated as money laundering. For it is usually the perpetrators seek to hide the origin of such property by putting them into the banking system (financial system). The issues raised in this thesis is the relationship between corruption and money laundering and how the implementation of the law of money laundering in the eradication of corruption in the Supreme Court ruling No. 1605K / Pid.Sus / 2014. The method used in this thesis is a normative juridical research methods which is descriptive analysis using primary legal materials, secondary, and tertiary that will be analyzed qualitatively. The results showed that the Corruption and money laundering has a very close relationship. It can be clearly viewed in Pasal 2 (1) of UU No. 8 of 2010. Application of the law of money laundering in the eradication of corruption in the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 the District Court apply the UU No. 8 of 2010 to the corruption case, which is 5 years in prison, fines, recompense, and seizing the assets owned by the defendant from criminal act. At the level of the High Court, judges only fix the decision of Medan District Court that the verdict only increase the imprisonment of the accused for 6 (six) years in prison and on appeal judges only replace imprisonment to 6 (six) months if the fines is not paid by the defendant and replace imprisonment for two (2) years if the defendant can not pay the compensation. From the analysis of the case against the Supreme Court's decision No: 1605 K / Pid.Sus / 2014 in consideration from the judge, element can be harm state finance and economies which is based on results of calculations performed by BPKP North Sumatra province, it can be argued Judge Corruption Court in Medan not guided by UU No. 17 of 2003 regarding State Finance,UU No. 1 of 2004 concerning the state treasury, and the UU No. 15 of 2004 on Management and State Financial Responsibility very clearly gives the BPK in determining financial loss countries / regions. Keyword : Money Laundering, Corruption, State Financial

ANALISIS YURIDIS TERDAHAP PEMBATALAN PENCABUTAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS PUTUSAN NO. 30/B/2012/PT.TUN.MDN) Misalina Br. Bukit; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT IMB (Building permit) given by Regent and was revoked by the Regent of Deli Serdang District. The Ruling of TUN (State Administrative Court) which was not based on the principle of good governance, the principle of legal certainty and prudence as it is found in the Ruling No. 30/B/2012/PT.TUN.MDN) which harmed the IMB owners and was not in line with the regulation on IMB itself. This Ruling is highly needed to be analyzed. The result of the research showed that judge’s legal consideration which revoked IMB is actually the picture of TUN officials. Their rulings should be in line with the principle of good governance and supported by the fact that IMB owners has complied with the rule in which breaking down a building should be in line with the instruction so that the Ruling of TUN on the revocation of IMB was not correct. It is recommended that judge’s verdict should contain compensation so that it will cause intimidated effect. The TUN officials should be careful and pay attention to the principle of good governance, especially the principle of legal certainty and prudence in giving a ruling of TUN. Keywords: Revocation of Building Permit

ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH AGUNG NO: 124K/ TUN/2013, TENTANG TERBITNYA IZIN MENDIRIKAN BANGUNAN DI ATAS TANAH YANG MASIH DALAM SENGKETA DI PENGADILAN TATA USAHA NEGARA MEDAN Deliana Simanjuntak; Budiman Ginting; Sunarmi Sunarmi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Building permits rising over disputed land in State Administrative Court Medan. Before the building permit is issued, Plaintiff reported to the local office of spatial and building code field on the status of the land is still in the process of law (debatable), but the Agency for Spatial and building overlook the claimant report, which should Spatial Agency and the building had to postpone publication Building permit because there are reports plaintiff. Then Building permit issuance is not in accordance with the Decree Mayor of Medan No. 34/2002 junto Regional Regulation of Medan No. 5/2012 about Retribution Building permits, Article 13, point (b) Issuance of Building Permit may be delayed if there are complaints about land disputes or no legal proceedings in the building or land, either in written form or orally. The judges made a different decision: Administrative Court of Medan to cancel the building permit, and the State Administrative High Court of Medan supports the decision the Administrative Court of Medan, but the verdict of the Supreme Court rejected the verdict Administrative High Court of Medan rejected the lawsuit and the Plaintiff. The verdict difference need to be analyzed and researched to find the correct legal value. Keywords: Issuance of Building Permit on a Disputed Land

MENUJU GOOD GOVERNANCE DALAM PELAKSANAAN REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA (STUDI KASUS DWELLING TIME DI EMPAT PELABUHAN INDONESIA) Steffi Seline Maryanne Ginting; Faisal Akbar; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the case of acceleration dwelling time, the Ombidsman of the Republik of Indonesia( ORI ) escort up to the President and followed up for the improvement of public service in the port. ORI, as a bridge between the aspirations of the people with the public services and / public officials. The recommendations should be implemented in the public interest. Public services into spears ideals of good governance in a country. Where the law No. 25 of 2009 on the Public Service, in addition to aiming at being the protection and legal certainly for the people in the realm of public services, as well as the certain of the organization so that the public in accordance with the principles of good governance. Keywords : good governance , Ombidsman, dwelling time

ASPEK HUKUM PEMBERIAN IZIN PENGGUNAAN KENDARAAN DINAS DILINGKUNGAN SEKRETARIAT DAERAH KABUPATEN NIAS DIKAITKAN DENGAN PERATURAN PEMERINTAH NOMOR 27 TAHUN 2014 TENTANG PENGELOLAAN BARANG MILIK NEGARA/DAERAH Apnes Perlindungan Zaro Hura; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The use of official vehicles at the Regional Secretariat of Nias District from the administrative observation is viewed as the barometer to be followed by other agencies under the Nias District Government. The use of official vehicles is not in line with the official report because of lack of supervision by the state/regional-owned property management. The official vehicles used by the regional head, regional secretary, agency head, section head, and sections under the Regional Work Unit in the Regional Secretariat of Nias District are provided to aid and support their performances in carrying out their duties and work. The provision of license of official vehicles in the Regional Secretariat of Nias District was found out to be complicated and was inefficient, particularly on the application process for using the official vehicles for the applicants (Civil Servants) because there were so many approvals to get the license to use the official vehicles from the administrative structure of the organization in the Regional Secretariat of Nias District. Keywords : official vehicles, state/regional-owned property

PENYELESAIAN SENGKETA ADMINISTRASI PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PEMILIHAN GUBERNUR,BUPATI DAN WALIKOTA (Studi Putusan Sengketa Administrasi Pemilihan Walikota Dan Wakil Walikota Di Panwas Kota Pematangsi Herdi Munte; Mirza Nasution; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal norms of dispute resolution to local election administration has been specified in the legislation where Election Supervisory Body of Province and District/Municipal authorities resolve the dispute whose decision is final and binding. Problems in this study, first, how rationalization of legal norms, whether the decision is final and binding dispute may be canceled and how the settlement method according to the principles and legal norms. The study is a normative juridical deskristif analytical. The results showed that the logical reasoning or rationalization of the legal norms of appropriate dispute resolution never mind good philosophical, juridical, sociological and political based on the principles of Pancasila state law. Supervisory Body of Province and District/City have attributive and absolute authority to examine and decide administrative disputes. The role of the Election Supervisory Body of Province and District/Municipal conduct a complete assessment in terms of both rechtmatigheid (certainty) and doelmatigheid (usefulness). For that it must be credible and competent and consistent on the principle of law to reduce the weaknesses that still exist. Keywords: Dispute Administration, Adjudication, Final and Binding and Elections

IMPLEMENTASI ASIMILASI KERJA SOSIAL NARAPIDANA KORUPSI DI LEMBAGA SOSIAL SEBAGAI UPAYA REINTEGRASI SOSIAL Junhaidel Samosir; Alvi Syahrin; Mahmud Mulyadi; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT It is recommended that reconstruction of legal concept and provisions which regulate the assimilation for corrupt prisoners and its implementing regulation should be done. In this case, 1) the Government Regulation No. 99/2012 on the Second Amendment of the Government Regulation No 32 on the Requirement and Procedure of the Implementation of Prisoners’ Rights should be revoked, 2) Adjustment to the corrupt prisoners’ level of education and professionalism should be in accordance with the purpose of establishing social institution with its statutes so that assimilation is not formal as the requirement for conditional acquittal. The social institution as the place for the assimilation should match with what the prisoners had corrupted so that they will realize the impact of what they had done, and 3) the capacity of the wardens of Medan Penitentiary for corrupt prisoners should be improved, and the Penitentiary management of Medan should collaborate with all social institutions in its vicinity so that the corrupt prisoners will not be difficult to find the places for doing their social work assimilation. Keywords: Assimilation, Social Work, Corrupt Prisoner, Social Reintegration

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