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

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ANALISIS HUKUM GANTI RUGI TANAH MASYARAKAT UNTUK PEMBANGUNAN JALAN TOL MEDAN-KUALANAMU-TEBING TINGGI (STUDI DESA BANGUN SARI KECAMATAN TANJUNG MORAWA KABUPATEN DELI SERDANG) Rizky Feb Riansyah Hasibuan; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Bangun Sari Village Community, Tanjung Morawa Sub-district Deli Serdang Regency whose homes and land have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway, feels aggrieved by the government's policy to raise the recently replaced land price Loss or in 2016. In the period of 2013-2015 the people whose land and houses have been compensated at Rp.236.000/meter (two hundred thirty six thousand rupiah/meter) regardless of the status of land ownership of either the Certificate of Property (SHM) Or other rights basis are all paid at the same price. However, it is very different from some of the people of Bangun Sari Baru Village whose homes and land were compensated in 2016 have increased dramatically to 300% (three hundred percent) and added some additional clause items starting from non-physical losses (premium, Solatium, and transaction costs) and the compensation of the waiting period. Therefore, it is necessary to examine the basis of the compensation arrangement for land taken by the state for the public interest. Non-compliance with compensation for houses and land obtained by the community of Bangun Sari Village, Tanjung Morawa Sub-district of Deli Serdang Regency for the construction of Medan-Kualanamu-Tebing Tinggi Highway. Efforts that can be made by the people of Bangun Sari Village, Tanjung Morawa Sub-district, Deli Serdang Regency, due to inconsistency of compensation for houses and land that have been compensated by the Government for the construction of Medan-Kualanamu-Tebing Tinggi Highway.   Keywords: Toll Road, Public Interest and Indemnification
Konsinyasi Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Wahyu Ibrahim; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The problems of this thesis is whether the provisions of the consignment in the procurement of land for the construction of public interest in accordance with the care that is mentioned in the BW / Civil Code, why legally consignment justified in the procurement of land for development in the public interest, and whether care compensation (consignment) of the land used for construction of the public interest is in conformity with the principles of the agreement. This type of research used in this research is a kind of normative juridical research, descriptive analysis. The data analysis was conducted using qualitative analysis. The survey results revealed that the care for damages (consignment) in different land acquisition or do not fit as well as the shift in meaning with care as in the Civil Code, as consignment in land procurement relationship between the government and community objections regarding the huge amount of compensation given, whereas in the Civil Code to repay debt due receivables arising under a contract in an engagement relationship.   Keywords: Custody Compensation (Consignment), Land Procurement,  Public Interest.
Analisis Pelaksanaan Tanggungjawab Sosial Perusahaan (CSR) PT. Toba Pulp Lestari, Tbk di Kabupaten Toba Samosir Ditinjau Dari UU PT. No. 40 Tahun 2007 Ebenezer Simanullang; Bismar Nasution; Muhammad Yamin; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Indonesia, the implementation of corporate social responsibility (CSR) was regulated in Law Number 40 of 2007 about Limited Company which contained in Chapter V Article 74, the further provision about Social and Environmental Responsibility were regulated with Governments Regulation No. 47 of 2012 in Article 4.  The fund which channeled through corporate social responsibility was in the amout of 1% of net sales (Net Sales). The CSR implementation constraint which experienced by PT. Toba Pulp Lestari, Tbk in an internal company manner was in the implementation of social investment (development) program. Likewise, the external constraint which experienced by PT Toba Pulp Lestari, Tbk among others, were the existence of management institution of CD / CSR fund company formed by the Regional Government which previously formed and the result of report after audited "Not Stating Opinion" (Disclaimer). The existence of partly districts which were late in submitting the program and even there are some who never submit the program and the formation of a new district, which result in change in the calculation of the company's CD / CSR fund allocation budget. Uneven the distribution of CD / CSR corporate funds to the society in Toba Samosir District in general. Keywords: corporate social responsibility, PT Toba Pulp Lestari, Tbk
Co-Authors Bismar Nasution Ebenezer Simanullang Hasim Purba MAHMUL SIREGAR Rizky Feb Riansyah Hasibuan Rosnidar Sembiring Wahyu Ibrahim