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INDONESIA
JURNAL MERCATORIA
Published by Universitas Medan Area
ISSN : 19798652     EISSN : -     DOI : -
Core Subject : Education, Social,
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Mercatoria is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees. Published twice a year (June and December) and first published for print edition in June 2008.
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue " Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER" : 6 Documents clear
PELAKSANAAN PERATURAN MENTERI BUMN NOMOR:PER-01/MBU/2011 TENTANG PENERAPAN TATA KELOLA YANG BAIK (GOOD CORPORATE GOVERNANCE) PADA BUMN (Studi Kasus Di PT Perkebunan Nusantara IV) Hartono, Rudi
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (163.649 KB) | DOI: 10.31289/mercatoria.v9i2.432

Abstract

Good Corporate Governance can be understood as a set of regulations governing Limited Liability relationship between shareholders, management companies and other stakeholders with regard to the rights and obligations, one of which is the decision-making at the Board of Directors and Board of Commissioners. The provisions stipulated in the Regulation of the Minister of SOE No. PER-01 / MBU / 2011,the publication of these regulations ultimately aims to create corporate governance that provides added value for all parties. Barriers to implementation of Good Corporate Governance is composed of several factors, among others, legal, corporate culture and human resources, but the implementation of PT Perkebunan Nusantara IV remain committed. As part of its commitment to the forming section, which is responsible for monitoring and encouraging implementation of application in accordance with the provisions of the Law. 
KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE Syaputra, Muhammad Yusrizal Adi
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (152.419 KB) | DOI: 10.31289/mercatoria.v9i2.433

Abstract

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.
Kajian Yuridis Sanksi Pidana Terhadap Ayah Sebagai Pelaku Tindak Pidana Pemerkosaan Menurut Qanun Nomor 6 Tahun 2014 Krisna, Liza Agnesta
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.329 KB) | DOI: 10.31289/mercatoria.v9i2.434

Abstract

The purpose of this study was to determine the sanction of criminal law to the father as the perpetrator of rape according to Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 and Qanun No. 6 of 2014 on the Law Jinayat and analysis of Court Decision shar ' Yeah Langsa No. 05 / JN / 2016 / MS. The method used in this research is the analysis of the content or the content analysis, which uses secondary data research that is in-depth discussion of the content of a written document from the book and other scientific papers relevant to criminal law arrangements. But in this study also used the sociological method / empirical to do an interview to one Syar'iyah Court judges. The conclusion is that there is a difference writings criminal sanctions in Law No. 35 of 2014, with Qanun No. 6 of 2014. The criminal sanction in Qanun No. 6 of 2014 was lower than in Act No. 35 of 2014 which is the legal umbrella of safeguards against child.
ANALISIS TERHADAP PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG OLEH BANK BNI DI TINJAU DARI UNDANG UNDANG NOMOR 8 TAHUN 2010 TENTANG TPPU Nugroho, Nur
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.103 KB) | DOI: 10.31289/mercatoria.v9i2.435

Abstract

Formally, the prevention and eradication of criminal acts of money laundering in Indonesia began on 17 April 2002, ie when the enactment of Law No. 15 of 2002 on Money Laundering. Before the enactment of this Act phases of prevention of money laundering have been done but its scope is limited to banking. This can be demonstrated through a set of regulations issued by the banking authority, better known as Bank Indonesia Regulation concerning Know Your Customer. Urgency of this arrangement, of course based on solid arguments, especially regarding the impact of the money laundering activity in the economy and to meet the principles of effective bank supervision. Money laundering can undermine the national economy as it is very closely linked to the belief that one or another country against the policy of the State. Usually money laundering illicit money was made by mixing with legitimate money so that a legitimate business will not compete with companies who are honest, undermining the integrity of the financial markets due to the financial institutions (financial institutions) even rely on the proceeds of crime can face the danger of liquidity; resulting in a loss of government control of the economy of a country whose policies result in lack of confidence in other countries against its policies. This research was conducted in Bank BNI Cabang USU. In conducting the study, researchers conducted a study of documents about matters relating to the Prevention of Money Laundering. Fields that deal with money laundering in Bank BNI Cabang USU is the Compliance Division, in line with the needs after the end of 2015, the field of prevention is replaced by the Internal Controls under direct by branch managers. In carrying out its supervisory duties USU Bank BNI has implemented Law No. 8 of 20110 on AML with Bank Indonesia Regulation No. 11/28 / PBI / by applying the principle to know the Customer and step in stages in accordance with Circular No. 11/31 / DPNP Year 2009 Standard Guidelines for the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Banks
HARMONISASI PENGATURAN TENTANG KEWENANGAN DALAM PENERBITAN SURAT PERSETUJUAN BERLAYAR (SPB) KAPAL IKAN DI PELABUHAN BELAWAN DITINJAU DARI UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN DAN UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN Sitompul, Muhammad Said
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (210.222 KB) | DOI: 10.31289/mercatoria.v9i2.436

Abstract

Harmonization of regulations on competence (authority) in the Issuance Agreement Fish Sailing Ships in the Port of Belawan in terms of the Act.No. 17 of 2008 with the Act.No. 45 of 2009, particularly the provisions of Article 42 of Law. No. 45 of 2009 related to the authority of the harbor master in the issuance of the Letter of Approval Sailing, that disharmony (disharmony) legislation between Law. 17 of 2008 by Law.No. 45 of 2009, as well as including the rules below. Furthermore, the (legitimate) Letter of Approval issued by the harbor master Sailing Fishing in the port of Belawan, are legal under the law. No. 45 of 2009, but contrary to the Act. No. 12 Year 2011 on the Establishment of legislation is contrary to the principles of the law of the formation of law (the principle of legal drafting). Syahbandar legal responsibility in the fishing port was not entirely responsible for the accident because the fishing boats in the laws have not been set, but the laws of the cruise itself clearly and in detail to explain matters of ship wrecks including the inspection procedure shipwrecks.
KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA DI BIDANG KETENAGAKERJAAN (Studi Kasus Pada Pengadilan Negeri Lubuk Pakam) Prima, Aristo
JURNAL MERCATORIA Vol 9, No 2 (2016): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.273 KB) | DOI: 10.31289/mercatoria.v9i2.437

Abstract

Status of employment law    in the national legal order Indonesia theoretically can be separated into three areas, namely the areas of administration, the field of civil and criminal fields. Relationships law made by workers / laborers with employers included in the field of civil law. However, during the manufacturing process, implementation, and an end to the relationship controlled by the government. If during these processes there is a violation (not in accordance with applicable regulations), it can be applied to criminal sanctions. Based on this it raised the question of how the criminal law policy of the offenses in the field of employment, how goal setting normative regarding labor relations. The results of research and discussion to explain policies Criminal Law Against Crime in the Field of Employment is the regulation of provisions regarding the issue penal law in relation to employment issues in the legislation which is national that aims to maintain synchronization of the working relationship between employers and workers and put the government functions as a function harmonization between employers and workers. Goal setting normative concerning the employment relationship is to maintain order tangle working relationship between workers and employers.

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