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All Journal Visi Sosial Humaniora Nommensen Journal of Legal Opinion Jurnal Hukum PATIK Jurnal Visi Pengabdian Kepada Masyarakat
Lesson Sihotang
Universitas HKBP Nommensen
Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Mechanical Engineering Social Sciences

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TINJAUAN YURIDIS PREDATORY PRICING OLEH PELAKU USAHA RESELLER KARTU PAKET INTERNET DITINJAU DARI UNDANG-UNDANG NO. 5 TAHUN 1999 (STUDI: DI KOMPLEK MMTC JALAN PANCING MEDAN) Lesson Sihotang; Ricky Omega Yosua
Visi Sosial Humaniora Vol. 1 No. 2 (2020): Visi Sosial Humaniora: Edisi Desember 2020
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v1i2.68

Abstract

Predatory Pricing is the act of a company setting prices below the cost of production in order to eliminate competitors. The study of the law is by predatory pricing by an Internet raffle card in the MMTC complex and section 5 and 8 links to pricing arranged in 1999's statute no. 5 on monopoly and improper business competition. The aim of the study is to find out the adverse effects of the reseller of Internet package Cards and to learn about the pricing of those governed in 1999's statute no. 5 regarding monopoly and unhealthy business competition. This legal research is taken from a normative-empirical legal approach. This approach will merge data that comes from library research and data obtained in the field. Normative data will be generated in legal literature, legal books, legal journals and other materials. While empirical data will be obtained from an interview with the perpetrators of an Internet package card. This legal study will address the indelicate effects of the Internet package card business and the relationships chapters 5 and 8 on pricing under 1999 law no.5. The end of this legal study will be to learn more about the cost of the undergraduate work.
PROSES PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI (Studi di Kejaksaan Negeri Medan) Lesson Sihotang; Elsa Marlina Simalango
Visi Sosial Humaniora Vol. 2 No. 1 (2021): Visi Sosial Humaniora: Edisi Juni 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v2i1.365

Abstract

To find out the process of recovering state losses in cases of corruption, and to find out the role of the prosecutor in the process of implementing state losses in cases of corruption as well as the obstacles to the process of recovering state losses due to corruption. And using the field method (field research), namely qualitative research by conducting direct research in the field to find out the existing problems through direct interviews with parties related to this research to obtain complete and accurate data. This results of the research that have been carried out are that the role of the Prosecutor in the implementation of returning state financial losses due to corruption through two instruments, the first is a criminal instrument, the second is a civil instrument. The implementation of the return of state losses due to corruption is carried out in a way, namely the Prosecutor's Office issues an order for the implementation of the decision (P48) to carry out the court's decision. Then the Prosecutor's Office reports each execution of the warrant in the Minutes of the Implementation of the Judge's Determination (BA-15). After completion, the Prosecutor's Office will send a letter of Implementation of the Determination of the Panel of Judges to the Head of the State Detention Center.
PERANAN KPPU DALAM PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT AKIBAT PERSEKONGKOLAN (STUDI KASUS PUTUSAN NO. 14/KPPU-L/2019) Lesson Sihotang
Visi Sosial Humaniora Vol. 2 No. 2 (2021): Visi Sosial Humaniora: Edisi Desember 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v2i2.473

Abstract

Within 1 (one) year, the increase in cases of tender conspiracy has increased. This shows that many business actors from these actions taken to practice are still in business, which results in unfair competition in doing business. The purpose of this research is to find out how KPPU proves the existence of a tender conspiracy related to Decision No. 14/KPPU-L/2019 and to find out the application of the law according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition by the judge in decision no. 14/KPPU-L/2019. Conducting this research using library research methods and data analysis used in a qualitative descriptive way is an approach to gain depth, develop theory and social complexity. The writer concludes that in carrying out the proof, KPPU uses the rule of reason and the per se illegal approach. The application of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition by judges related to decision no. 2019 uses an animation stream and a progressive stream which produce an explanation of the relevant laws and regulations, about vertical conspiracy, and about fulfilling the elements of article 22 of Law No. 5 of 1999.
ANALISIS PINALTI HUKUM MATI KEPADA PERANTARA JUAL BELI NARKOTIKA DAN PEMBELIAN KATEGORI TANAMAN NARKOTIKA (STUDI KASUS NO. 1991/PID.SUS/2019/PN MDN) Lesson Sihotang; Gelora Butar-butar
Nommensen Journal of Legal Opinion Vol 02 No 01 Januari 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i01.205

Abstract

The problem of narcotics at this time has penetrated all elements of the nation, from children to adults, from the lower classes to officials, even law enforcers are not sterile from narcotics abuse. Its abuse is very dangerous to the future of the younger generation and threatens the existence of national security in a nation, so that it requires rules in the form of laws that regulate so as to reduce the number of abuse and distribution of narcotics. especially in Indonesia. The problem in this writing leads to the basis for the judge's consideration in imposing capital punishment on intermediary actors of narcotics sale and purchase group 1 (one) not plants in Decision Number: 1991 / Pid.Sus / 2019 / PN Mdn. Based on the results of the research and discussion carried out by the author in Decision Number: 1991 / Pid.Sus / 2019 / PN Mdn, the basis for the judge's consideration of imposing capital punishment on the intermediary narcotics buying and selling group I non-plant narcotics is based on judges' considerations juridically and non-juridically.considerations, Judicial namely valid evidence in the form of indictment, witness statements, evidence, documentary evidence, statement of the defendant revealed in court. The basis forconsiderations non-juridical consists of background actions, personal conditions, socio-economic conditions.
ANALISIS YURIDIS TERHADAP PRAKTEK PERJANJIAN TERTUTUP AIR MINUM DALAM KEMASAN (STUDI PUTUSAN NOMOR 22/KPPU-I/2016) Fitri Oktaviani Sihombing; Erita Wage Wati Sitohang; Lesson Sihotang
Jurnal Hukum PATIK Vol. 9 No. 1 (2020): Edisi April 2020
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/patik.v9i1.229

Abstract

Penelitian ini bertujuan untuk menganalisis analisa hukum terhadap pertimbangan majelis hakim dalam memberikan putusan pada perkara Nomor 22/KPPU-I/2016. Penelitian ini menggunakan analisa yuridis dan studi kepustakaan. Dalam penelitian kepustakaan, studi pustaka dilakukan pada peraturan perundang-undang dan studi pustaka lainnya, pengumpulan data dengan mengadakan studi penelaahan terhadap buku-buku, literatur-literatur, yang ada hubungannya dengan masalah. Data yang diperoleh kemudian dianalisis menggunakan pendekatan yuridis dan dijabarkan dengan deskriptif analitis. Berdasarkan hasil penelitian, penulis menyimpulkan bahwa PT Balina Agung Perkasa dan PT Tirta Investama telah melakukan praktek perjanjian tertutup dan penguasaan pasar karena telah melanggar pasal 15 ayat (3) huruf b dan pasal 19 huruf a dan b yakni adanya penguasaan pasar dan perjanjian tertutup.
Perlindungan Konsumen Terhadap Penggunaan Bahan Pengawet Makanan Menurut Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Roida Nababan; Jinner Sidauruk; Besty Habeahan; Lesson Sihotang; Dakka Hutagaol
Jurnal Visi Pengabdian Kepada Masyarakat Vol. 2 No. 2 (2021): Jurnal Visi Pengabdian Kepada Masyarakat : Edisi Agustus 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/pengabdian.v2i2.368

Abstract

The use of hazardous materials used as food additives that are prohibited by the government is the main problem in the development of the goods and services industry, business actors will seek the highest profit without providing guarantees for the quality of goods and / or services produced and / or traded based on the provisions of goods quality standards and / or applicable services. The compensation in question can be in the form of health care and the provision of compensation to consumers who have been injured or their heirs or an agreement from the parties themselves. In carrying out every activity, the business actor is responsible for what it produces. Every violation of norms and several actions that are contrary to the aim of creating a healthy business climate can be categorized as illegal actions. Therefore, business actors will be subject to legal sanctions in the form of administrative, civil and criminal sanctions. This is regulated in Article 19 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Legal sanctions against food business actors who are proven to have committed an offense by using hazardous substances in the production process are carried out in the form of withdrawing food products, temporarily stopping production until the related problem is resolved and withdrawing food numbers from the household industry, destroying the food or drink if it is proven to endanger health. and human souls, and revocation of production permits or business permits.
Ketentuan Hukum Merek Wellknown Mark Dalam Pemberlian Melalui Online Debora; Jinner Sidauruk; Lesson Sihotang; Marthin Simangunsong
Jurnal Visi Pengabdian Kepada Masyarakat Vol. 3 No. 1 (2022): Jurnal Visi Pengabdian Kepada Masyarakat : Edisi Februari 2022
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/pengabdian.v3i1.471

Abstract

Information technology related to online business transactions is growing very rapidly. Business actors and consumers, both in urban centers and in areas, use information technology to shop or transact, including transactions for goods labeled with Well Known Marks (Famous Brands) that are protected by Trademark Law, which are traded through online system facilities. In online transactions related to well-known brand products, there are still violations that are detrimental to the brand owner. In connection with this, it is important to conduct socialization to the community, including teenagers who are also very potential consumers of branded goods that are traded through the internet. Nationally, Well Known Marks in Indonesia are regulated based on Article 4 and Article 6 of Law no. 20 of 2016 concerning Brands. Meanwhile at the international level the provisions governing Famous Marks are through the provisions of Article 6bis of the Paris Convention and Article 16 (2) of the TRIPs Agreement. Online business transactions in Indonesia are regulated by Law no. 11 of 2008 concerning Information and Electronic Transactions. In connection with the rapid development of transaction practices for well-known branded goods through the online system, for the sake of legal protection for both well-known brand owners and consumers, especially teenagers who tend to be adaptive to changes in new trends, it is important to understand the legal provisions, both trademark law and trademark law. information technology law as regulated in UU No. 20 of 2016 and the U.U. No. 11 of 2008 and PP No. 71 Year 2019
Perlindungan Hukum Terhadap Pencipta dan Pemegang Hak Cipta Lagu “Lagi Syantik” (Studi Putusan No. 82/Pdt.Sus-HKI/Cipta/2019/PN Niaga Jkt.Pst) Lesson Sihotang; Roida Nababan
Visi Sosial Humaniora Vol. 3 No. 1 (2022): Visi Sosial Humaniora: Edisi Juni 2022
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v3i1.622

Abstract

Copyright is an exclusive right owned by the Creator or Copyright Holder and arises automatically based on a declarative principle consisting of 2 rights, namely economic rights and moral rights. The formulation of the problem is what is the form of legal protection for the author and copyright holder of the song "Lagi Syantik" for changes to lyrics without permission from the copyright holder? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) and what are the dispute resolution efforts that can be taken to protect copyright holders for song copyright infringement? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST). The results of the research is examined based on existing juridical data and facts, the decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) is considered not in accordance with the provisions in Article 9 of Law no. 28 of 2014 concerning Copyright regarding the absence of permission from the Author or Copyright Holder. The Panel of Judges in their decision stated that Gen Halilintar was not guilty of all legal considerations which according to the author in this case were not in line with Law no. 28 of 2014 concerning Copyright. In this case the music label Nagaswara as the Plaintiff has also taken non-litigation routes such as mediation but failed and continued with litigation, namely by filing a lawsuit to the Commercial Court.
Co-Authors Besty Habeahan Dakka Hutagaol Debora, Debora Elsa Marlina Simalango Erita Wage Wati Sitohang Fitri Oktaviani Sihombing Gelora Butar-butar Jinner Sidauruk Marthin Simangunsong Ricky Omega Yosua Roida Nababan