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Utary Maharani Barus
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PERTANGGUNGJAWABAN PIDANA PENYALAHGUNAAN KARTU KREDIT OLEH PENGGUNA KARTU KREDIT Desy Kartika Caronina Sitepu; Syafruddin Kalo; Madiasa Ablisar; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The presence of banks in Indonesia have a very important role in national development, especially economic development. The form of the criminalization lead to banking crime is a form of criminal offenses in the field of banking. Criminal acts which appear in the use of the credit card fraud, theft, and forgery. Type of research is that normative legal research using appropriate legal norms or criminal liability relating to the offense of credit card abuse. To see criminal responsibility in the crime of credit card misuse by the user either forgery, theft and fraud to be seen of the elements of accountability that is the criminal responsible, an error and there is no excuse. In the consideration of the judge in ruling on credit card users who commit criminal acts of credit card misuse at three District Court No. 8 / Pid.B/ 2011/ PN.Ung, District Court Decision No. 2156 /Pid.B /2013/PN.Sby, and Court Decisions No. 119 / Pid.B/ 2013/ PN.Jkt. Sel the judges consider that all three cases have met the elements of the crime of misuse of credit cards be it in the form of fraud, theft, and forgery against credit card charges made in accordance with the perpetrators. Keywords : Crimal Liability, misuse of credit cards, credit card users
RESTORATIVE JUSTICE SEBAGAI PEMBAHARUAN SISTEM PERADILAN PIDANA BERDASARKAN UU NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Lidya Rahmadani Hasibuan; Muhammad Hamdan; Marlina Marlina; Utary Maharani Barus
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Formation basis of Restorative Justice’s concept in Indonesia originated from a variety of tribal customary law. As customary of Minangkabau, Mandailing, Toraja, Bali and others have done this concept known as the consensus agreement. Restorative Justice’s concept is also known in 1970 in Canada. Restorative Justice’s concept implemented in Article 7 of Law Number 11 of 2012 by using the Diversion way. Potencies are available when applying Restorative Justice’s concept is the Institutional and Professionals of Law Enforcement Officer substantively has been guaranteed in the Law Number  11 of 2012 added many people who support the implementation of Restorative Justice’s concept in Juvenile Justice System in the foreseeable future. Constraints that will be faced by law enforcement officer is the human resources who have not been able to fulfill what is mandated by law Number 11 of 2012, namely the existence of a Judge, Prosecutor and police for child which is a must in every agencies. Inadequate infrastructure in every law enforcement officer agencies is also an obstacle for the future implementation of the Restorative Justice’s concept, and the legal culture of society that many complained by law enforcement officer that can be complicate the implementation of Restorative Justice’s concept in the Juvenile Justice System. Keywords:RestorativeJustice,Juvenile Justice System, Law Enforcement Officer
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
PERLINDUNGAN HUKUM BAGI PASIEN PENGGUNA JAMKESMAS DALAM PELAYANAN KESEHATAN DI RSUD DR. RM. DJOELHAM BINJAI TERKAIT BERLAKUNYA BPJS DI BIDANG KESEHATAN Elmas Dwi Ainsyiyah; Suhaidi Suhaidi; Utary Maharani Barus; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement. Keywords: Health Care Service, Legal Protection, Jamkesmas
PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Purnama Hidayat Harahap; Bismar Nasution; Hasballah Thaib; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRAK The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness of the Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.   Keywords: Settlement for Sharia Banking Dispute, Contract Contents, Constitutional Court Verdict
PERTANGGUNGJAWABAN PEMEGANG SAHAM ATAS PERSEROAN PAILIT YANG DINYATAKAN TERUTANG PAJAK Gusfen Alextron Simangunsong; Budiman Ginting; Sunarmi Sunarmi; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT A shareholder is not always liable for the number of stocks he has remitted when the corporation sustains a loss, include are liable for the paying off all debts of a bankrupt corporation. How is the liability of legal entity of a bankrupt corporation which is in tax liability according to tax law and how is the liability of shareholders for a bankrupt corporation which is in tax payble according to tax law? The liability of legal entity of a bankrupt corporation which is stated as tax payble according to tax law becomes the liability of a curator to organize the property of the bankrupt corporation stipulated in Article 32, paragraph 1, letter b of UUKUP. A curator begins to do his job and to take liability since the verdict on bankruptcy is handed down by the Commercial Court. Majority shareholders are liable for the paying off all debts of a bankrupt corporation which is in tax payble according to Article 21 in conjunction with Article 32 of UUKUP, based on public interest in which the State acts as the preference curator. Majority shareholders have the authority to determine the policy and decision making in performing the activities of corporation. Government must be make a  law or regulation to supervise curator in organizing the inventory of bankruptcy in paying off tax layble of a bankrupt corporation. Majority shareholders must be liability for the paying off the debts of a bankrupt corporation which is in tax liability, Shareholders should take individual liability when the minimum requirement of the shareholders is not fulfilled, counted if shareholders have bad faith or are illegal. Keywords:            Liability, Legal Entity, Shareholder, Bankruptcy, Bankrupt Corporation, Tax Liability
PRINSIP TANGGUNGJAWAB PRODUK (PRODUCT LIABILITY) ATAS PENARIKAN KENDARAAN BERMASALAH OLEH PELAKU USAHA DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Novanema Duha; Tan Kamello; Dedi Harianto; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Getting proper life and legal protection is right for every citizens, especially consumers. The same is true to product recall; legal protection for consumers is highly needed since there is the liability of a business person of his product. The problems of the research were as follows; how about product liability in the law on consumers and legal protection for consumers could be effective on product recall by a business person, the provision of product recall performed by foreign automotive companies which product marketing was done in domestic market, and the liability of a business person regarding product recall done by him. Keywords: Product Liability, Product Recall.
PELAKSANAAN PERKAWINAN BEDA AGAMA DENGAN PENETAPAN PENGADILAN NEGERI DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN DAN UNDANG-UNDANG NO 24 TAHUN 2013 TENTANG ADMINISTRASI KEPENDUDUKAN (Analisis 3 (tiga) Penetapan Pengadilan Negeri di Indo Rurin Tiopani Tambun; Hasim Purba; Utary Maharani Barus; Yefrizawaty Yefrizawaty
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Marriage is an event which is important in human life. Marriage is also regarded as something sacred because every religion always connects the rules of marriage with religious principles. Along with the development of the era, the phenomenon of different religious marriages are not a new thing in Indonesia. The methods used in this thesis is normative juridical research. The results show that the implementation of different religious marriages with the  Determination of State Court according to The Enactment of Law No. 1 of 1974 about Marriage is law does not recognize the different religious marriages. While the implementation of different religious marriages with the determination of the State Court according to The Enactment of Law No 23 of 2006 about Population Administration is to apply the establishment of marriage of different religions to the registrar of State Court, then will be examined by the judge in court, and then the Judge will order the Department of Population and Civil Registry to record the marriage of the different religions. Consideration of the judges in giving the different religious marriage license are using Article 35 of Enactment of Law No. 23 of 2006 about Population Administration, MARI’s determination No. 1400K / Pdt / 1986 dated January 20, 1989, Article 27 of the 1945 Constitution, and Article 10 paragraph (1) and (2) of Enactment of Law No. 39 of 1999 about Human Rights. The legal consequences of the determination of the State Court is marriage of the different religions is a invalid marriage. Because the marriage of different religions has violated the provisions of Article 2 paragraph (1) regulating the validity of marriage and Article 8  which regulates the marriage ban in The Enactment of Law No. 1 of 1974 about Marriage. Children born in different religious marriage will be an illegitimate children, because they are inconsistent with the contents of Article 42 of the Marriage Law.   Keywords: Marriage, Different Religions, Legal Considerations
Co-Authors Bismar Nasution Budiman Ginting Dedi Harianto Desy Kartika Caronina Sitepu Edy Ikhsan Elmas Dwi Ainsyiyah Gusfen Alextron Simangunsong Hasballah Thaib Hasim Purba Lidya Rahmadani Hasibuan Liza Bayduri Nasution Madiasa Ablisar Marlina Marlina Muhammad Hamdan Novanema Duha PURNAMA HIDAYAT Rurin Tiopani Tambun Suhaidi Suhaidi Sunarmi, Sunarmi Syafruddin Kalo Tan Kamello Yefrizawaty Yefrizawaty