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USU Journal of Legal Studies
Published by Universitas Sumatera Utara
ISSN : 25491261     EISSN : 2549130X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
USU Journal of Legal Studies (UJLS) is a peer-reviewed journal published by Faculty of Law University of Sumatera Utara two times a year in March and October. All papers submitted to this journal should be written in English or Bahasa. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. UJLS is available in print and online version. The scope of the articles published in this jour- nal deal with a broad range of topics in the fields of Constitutional Law, Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law; Economic Law; Adat Law; Labor Law; Agrarian Law; Intelectual Property Rights Law; Environmental Law and another section related contemporary issues in law
Arjuna Subject : -
Articles 8 Documents
 1 
CHALLENGES OF CONSERVATION AREA MANAGEMENT IN THE ERA OF REGIONAL AUTONOMY Rollys Suriani
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

This paper is a comprehensive assessment of the conservation area management issues conducted by the government at the local level, it is believed will be faced with the challenge, along with the increasingly implementation of regional autonomy widespread. Various policies issued by local governments wasa consequence of implementation of regional autonomy, not separated with issue of conservation region. Conservation management will be successful if the leaders, associated institution collaborative concern in taking policies to promote conservation areas which require substantial fund management, one factor must change was the pattern of the old paradigm to a whole new paradigm for the interests of conservation areas in  the future, both for development purposes and communities interest surrounding conservation areas, with the era of regional autonomy it must also be able to walk together with the vision and mission for the interests of the whole society in general, and not just  pursuit of local revenue.
PURCHASE BINDING AGREEMENT FOR PARTIES (PURCHASER AND DEVELOPER) Rosnidar Sembiring
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

Purchase Binding Agreement on housing is a preliminary agreement between a seller and a potential buyer as it is stipulated in Article 42, paragraph 1 of Law No. 1/2011 on Housing and Residence and in Kemenpera (the Decree of the Minister of Low-Cost Housing) No. 9/1995 which become the basis for PPJB as the preliminary agreement. Even though PPJB is consensual, it is made by paying attention to good faith principle as it is stipulated in Article 1338, paragraph 3 of the Civil Code. this thesis attempted to analyze the legal consequence of PPJB. The research used judicial normative (doctrinal) with descriptive analytic and explanatory method. The result of the research showed that the legal consequence of PPJB was binding for the parties concerned and the legal ground of PPJB was Law No. 1/2011 on Housing and Residence, Kemenpera No. 9/1995 on the Guidance for Purchase Contract, and Article 1338, paragraph 1 of the Civil Code.
LEGAL ANALYSIS OF BANK OBSERVATION IN INDONESIA THROUGH LAW PATHOLOGY APPROACH CONSTRUCTION Reka Dewantara
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The development of hybrid products in new forms such as financial technology (fintech) and the emergence of business conglomerates of banks and financial institutions in Indonesia to be sociological juridical factors required independent independent institutions to supervise in the field of microprudential and regardless of the central bank of Bank Indonesia. Juridically the formation of Financial Supervisory Auhtority (FSA) in Indonesia, called the Financial Services Authority based on OJK Act number 21 of 2011 is a mandate of Article 34 of Law no. 23 of 1999 concerning Bank Indonesia as amended by Act no. 3 of 2004 which indirectly undermines the independence of Bank Indonesia. This leads to the need for an integrated regulation that supersedes the regulation in the field of supervision of financial institutions, especially the existing banks. The construction of a legal pathology approach for analyzing the development of regulatory and supervisory models of banking institutions in Indonesia was established through comparison with supervisory models in other countries, analyzing typologies of highly regulated banking institutions in Indonesia, regulatory mapping of regulations related to banking supervision with due regard to theoretical implications and practical implications To realize the principle of good banking governance.
NOTARIES AS PARTIES IN CIVIL CASES BEFORE THE COURT Anita Afriana
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The role of a notary today is crucial for the parties who wish to make variety of agreements, due to authentic notarial deed is considered to be more secure for the society than the legal power of the deed under the hand. Nevertheless, in practice it is frequently discovered the presence of a notarial deed being sued to be requested for cancellation  before the court due to the fault of the parties who disagree and dihonest in his statement to the notary, or the fault of the notary him/herself, either for negligence or willful misconduct. This article / paper is an analytical descriptive study, in order to see the position of the notary in the process of examination of dispute in court either as a person in his/her capacity as a state official or from the positions of the authentic deed made are often the source of disputes and sanctions and responsibility of the notary who is deemed to have made mistakes during undertaking further work that is considered detrimental to the third party.  In terms of any problems that might arise in the future on the publication of an authentic deed made by the notary, the notary may not necessarily be drawn as the guilty party which caused the disputes, yet to be seen how far the offense has been committed by a notary, whether there is an error / not, a violation of the code of ethics and or the Law Number 2 of 2014 on the Position of Notary ( hereinafter referred to as UUJN ). In the dispute resolution in court on civil disputes, notaries can hold the position as the other party such as Defendant, if deemed to have committed an unlawful act to the detriment of others, as a co-defendant, or witness.
MINIMUM WAGE AND NON-TAXABLE INCOME : TO MEASURE FAIR AND FEASIBLE WAGE FOR HUMANITY Budiman Ginting; Agusmidah Agusmidah
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The enforced regulation states that minimum wage is according to the inflation rate and economic growth. This article shows that the wage of the employee, including the non-taxable income, is the substantiation of infeasible minimum wage of the employee, because not only, it hasn’t met the opportunity cost, but it also hasn’t fulfilled the daily needs of the employees. This article uses the data of primary and secondary legal materials obtained from library research, with legislation and conceptual approach, conducted analytically, and presented in descriptive-qualitative form. The synergy between the doer of industrial relation in performing the right and obligation decently and with goodwill shall carry us to the national goal, the commonweal.
LOCAL WISDOM OF INDONESIA: REVITALIZATION IN PHILOSOPHICAL BASIS ON INDONESIAN CRIMINAL PUNISHMENT PURPOSE Mahmud Mulyadi
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The philosophy of criminal punishment purpose in Indonesia which is used until today, is based on the criminal punishment purpose brought by Dutch Colonial, both for retributive, deterrence, or integrative purpose. Indeed, this philosophy must be improved, since it may have not been adjusted with Indonesian values. Because of that, another digging in criminal punishment purpose in Indonesian vibe based on local wisdom is necessary. This digging of local wisdom in criminal punishment scope will make Indonesian criminal punishment concept rich and highly valued in law enforcement. By that, law protection based on the purpose of law to create legal certainty, legal justice, and legal expediency is desired.
IMPROVING ASEAN AND ITS MEMBER COUNTRIES ROLE IN MIGRANT WORKERS PROTECTION IN ASEAN COMMUNITY Setiawan Wicaksono
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

The goals of this article which based on a research are to find out the obstacles in migrant workers protection, which initially had already been agreed in ASEAN Social Culture Community (ASCC), and how ASEAN and its members’ effort to actively protect migrant workers based on ASCC in ASEAN Community. Research method used in this article is normative legal studies. The results are ASCC Blueprint still general in its formulation and resulting problems when applied into national law, regulation institutionalisation was not at ease due to the long procedure which augmented with sovereignity issue that gives states the rights to determine its internal interest. ASEAN as regional organization must able to maximise the role of mechanism and organs in its possession to push the regulation into national law of its member states in order to ensure institusionalisation. The member states also have to own a concept on how regionalism is, and willing to relegate souveregnity so ASCC Blueprint and its derived instrumens can easily be fused into national law and work well.
EQUITY PRINCIPLE AS TRUST CONTRACT PRINCIPLE IN BANKING AND ITS IMPACT TO NATIONAL CONTRACT LAW RENEWAL Tri Handayani; Lastuti Abubakar
USU Journal of Legal Studies Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017
Publisher : University of Sumatera Utara

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Abstract

National bank industry need a strong legal principles to run its function as intermediary institution in supporting national development and global access in order to be able to compete in welcoming ASEAN Banking Integration Framework (ABIF) in 2020. To anticipate that, Banking develop banking services based on contract. One of many, is Bank Indonesia which has issued PBI No. 14/17/PBI/2012 regarding deposit and managing (Trust) which then revised with POJK No: 25/POJK.03/2016 regarding revision of POJK No: 27/POJK.03/2015, which brought forward equity principle. This activity brings impact in contract law development. In its implementation, equity principle was troubled with the difference its definition or application in Indonesia and other countries with common law legal system. The issues to be discussed are (1) How is the implementation of equity principle in trust agreement to push the development of national banking? (2) how is the urgency of contract law system renewal in accommodating trust agreement? Based on the previous research, the result is: there is difference in definition and scope of equity in its implementation based on Indonesian contract law. The implementation of equity principle hasn’t been performed optimally, remembering Indonesian legal system which doesn’t recognize dual ownership which is the essence in trust agreement. Because of this, certain effort is necessary to implement equity principle concretely. It is time for Indonesia to renew its contract law to be able to compete the vast development of banking activity or other rapidly developing business.

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