Mirza Nasution
Universitas Sumatera Utara, Medan, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Pertanggungjawaban Ayah Terhadap Anak Kandung Sebagai Kewajiban Hukum Dalam Lingkup Rumah Tangga Berdasarkan Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Rumanty Fitriana Sagala; Madiasa Ablisar; Mahmul Siregar; Mirza Nasution
Recht Studiosum Law Review Vol. 2 No. 1 (2023): Volume 2 Nomor 1 (Mei-2023)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/rslr.v2i1.11873

Abstract

Every husband/father in the household is prohibited from abandoning people within the scope of his family as stipulated in Article 9 paragraph (1) of the Law on the Elimination of Domestic Violence. Husband/father or because of approval or agreement, providing life, care, or maintenance to these biological children is obligatory. In positive law, a father is obliged to provide maintenance for his child. The issues raised are regarding 1) The responsibility of a father towards his biological children in terms of positive law; and 2) The legal considerations of the panel of judges regarding the responsibility of fathers towards their biological children; case studies of court decisions regarding child neglect. This research is juridical-normative research that is descriptive-analytical with a statutory approach. The study uses secondary data from the Medan District Court Decision collected by field study techniques at the Medan District Court Registrar's Office. Data analysis used qualitative data analysis methods. Results of the study: From the point of view of marriage law, the limits on the obligations and responsibilities of parents (including fathers) towards their biological children can be seen in Article 45 paragraph (2) of the Marriage Law. In implementing sentencing objectives, not all judges can explore the actual legal facts in a case. It is recommended that law enforcement officials in handling cases of criminal acts of child protection and domestic violence prioritize the best interests of the child.
Penyelidikan dan Penyidikan Tindak Pidana Korupsi Terhadap Kasus Kredit Macet Pada Bank Bumn Menurut UU Tipikor Putra R Siregar; Madiasa Ablisar; Mirza Nasution; Mahmul Siregar
Recht Studiosum Law Review Vol. 2 No. 1 (2023): Volume 2 Nomor 1 (Mei-2023)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/rslr.v2i1.11874

Abstract

One element of corruption offenses is the unlawful action that harms the state's finance or economy. In the context of state-owned banks, there are still two different opinions about the source of finance, whether it belongs to state finance or limited liability company (PT) finance. Due to this ambiguity, anti-corruption investigators should understand this issue before investigating state-owned banks with a limited liability company structure. The research was conducted at the North Sumatra High Prosecutor's Office because it is currently investigating alleged corruption crimes related to non-performing loans worth IDR 39.5 billion at Bank BTN Medan Branch. The research aims to investigate: first, the regulation of corruption investigation related to non-performing loans cases in state-owned banks, which are related to the lex specialis derogat legi generalis principle; and second, the investigation of corruption crimes related to non-performing loans cases in state-owned banks by the North Sumatra High Prosecutor's Office. This research used a descriptive-analytical normative legal research method with a legislative approach. The data were collected through secondary sources and field studies at the North Sumatra High Prosecutor's Office. The data were analyzed using a qualitative data analysis method. The research findings show that based on the lex specialis systematische principle, the Banking Law should be applied to banking cases resulting in non-performing loans. The North Sumatra High Prosecutor's Office conducts corruption investigations by collecting evidence to be used as valid evidence, and when the suspect is found, the evidence will be used to prove the case. It is recommended that law enforcement officers, especially the prosecutors and judges who apply the law to the cases, should apply the Banking Law to non-performing loan cases. If there is an unlawful action found in the provision of credit facilities, it should be investigated as a corruption case.