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Nommensen Journal of Legal Opinion
Published by Universitas HKBP Nommensen
ISSN : 27229858     EISSN : 2723164X     DOI : 10.51622
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Nommensen Journal Of Legal Opinion adalah jurnal yang berisikan kumpulan-kumpulan artikel tentang Ilmu Hukum untuk dapat dapat dibaca oleh para akademisi maupun masyarakat luas
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Roida Nababan; Martono Anggusti; Sonya Lorensa Sirait
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.v2i01.206

Abstract

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.
PENGGUNAAN INDIRECT EVIDENCE (ALAT BUKTI TINDAK LANGSUNG) OLEH KPPU DALAM PROSES PEMBUKTIAN DUGAAN PRAKTIK KARTEL (STUDI DI KANTOR KOMISI PENGAWAS PERSAINGAN USAHA WILAYAH I MEDAN) Martono Anggusti; Dina Mayasari Sinaga; Janpatar Simamora
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.v2i01.207

Abstract

Provisions regarding business competition law in Indonesia are regulated in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition which regulates various prohibitions on actions that cause unfair business competition from activities or agreements between business actors, one of which is cartels. This study aims to analyze the use of indirect evidence by KPPU in the process of proving allegations of cartel practice and to analyze the factors that hamper the use of indirect evidence by KPPU in the process of proving alleged cartel practices. The use of research as a contribution to knowledge in the field of legal science, especially business competition law related to indirect evidence in cartel evidence and to add insight to legal practitioners, legal consultants, especially in the field of law regarding indirect evidence by the KPPU. This research is a normative legal research using the approach method in this research is a statutory approach and a case approach.
PERLINDUNGAN HUKUM PEMBELI DALAM PERJANJIAN JUAL BELI MELALUI SISTEM ELEKTRONIK Besty Habeahan; Aurelius Rizal Tamba
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.v2i01.208

Abstract

The Research on Buyer Legal Protection in the sale and purchase agreement through an electronic system aims to find out how the validity of the sale agreement through an electronic system and how the form of legal protection of buyers for losses due to damage to goods purchased through an electronic. By the agreement between the seller and the buyer in the sale and purchase agreement, they have the rights and obligations. This research method use Library Research Method and the research carried out in the library, where data is obtained from availeble data by reading, studying books, laws and relations, magazines, scientific paper, legal dictionaries and so on. Based on the method used, the results of this study indicate that the validity of the sale and purchaseagreement through an electronic system still considers the validity of the agreement as Article 1230 KUHP of the Civil Code, namely agreement of both parties, where both parties are capable in doing legal action and cause-effect which is lawfull. Buyer’s legal protection for losses due to damage to goods purchased through electronic systems is preventive protection and repressive protection, the buyerwho suffered the loss ca sue for loss or claim the replacement of the damaged goods with goods of the same brand.
TANGGUNG JAWAB PERUSAHAAN ALIH DAYA TERHADAP PEKERJA OUTSOURCHING YANG TERKENA PEMUTUSAN HUBUNGAN KERJA DIMASA PANDEMI COVID-19 (STUDI DOKUMEN PERJANJIAN PENYEDIA JASA DI PT NTU) Intan Mayasari Hutabarat; Martono Anggusti; Christina N.M Tobing
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.v2i01.210

Abstract

The Covid-19 pandemic has a very big impact in the industrial world, many companies have terminated employment (PHK) for workers, both PKWTT and PKWT. In the Manpower Act No. 13 of 2003 and the Job Creation Act No. 11 of 2020 concerning labor and termination of employment. Regarding termination of employment, termination of employment to outsourced workers, the author discusses 2 (two) problem formulations, namely: First: How is the responsibility of outsourcing companies to outsourcing workers / laborers who were terminated during the Covid-19 pandemic; Second, what is the comparison of the forms of legal protection for outsourcing workers / laborers who have experienced termination of employment according to Law no. 13 of 2003 concerning Manpower and Law no. 11 of 2020 About Job Creation. The research method used in this thesis is the Normative-Empirical method. The conclusion of this decision is First, that the outsourcing company is still in charge of the implementation of termination of employment, this can be seen in the PT SIS PKWT; Second, in terms of comparison between UUK No. 13 of 2003 with UUCK No.11 of 2020 not much has changed, only in UUKC regarding labor Outsourcing is more discussed.
IMPLEMENTASI DANA DESA SESUAI UNDANG-UNDANG NOMOR 6 TAHUN 2014 (STUDI KASUS DESA LOBUSIREGAR II KECAMATAN SIBORONG-BORONG KABUPATEN TAPANULI UTARA) Rinsofat Naibaho; Hisar Siregar; Tri Dennis Boy Silitonga
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.v2i01.211

Abstract

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical-emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.
TINJAUAN YURIDIS PELAKSANAAN PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP MAKANAN MIE INSTAN DALAM KEMASAN YANG TELAH KADALUWARSA Jinner Sidauruk; Nova Sari Simanjuntak
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.v2i01.213

Abstract

The Research is motivated to see how The development of economic sector trade produce various types of goods or variations of food. But in the circulation of food in Indonesian special its instants noodles is still a matter to be considered, where consumers are often harmed by violations committed by business actors by selling instants noodles that have expired. Global competition makes business actors justify any means to reap the benefits of one of them by distributing food expired so that they can reduce the number of losses. Writing method used in this journal writing empirical juridical method that essentially examines the law in its application in public life. The hallmark of empirical juridical research is a study that goes from the das sollen gap (theory)to the das sein (practice or reality). The result of this research is Legal protection for consumers related to the circulation of instant noodles expired in Denpasar is worth noting where many consumers not only inDenpasar city feel the loss due to food or beverage expired. With the existence of Law No. 8 of 1999 on Consumer Protection, the guaranteed consumers who feel aggrieved and the Food and Drug Supervisory Agency in his duties only become a medium in coaching for business actors or producers who sell goods or foods that are expired, while in cracking down in the implementation of public health Office. Not only provide guidance, drug and food regulatory agencies can provide recommendations for follw-up by the health service, as well as the consumer community should be more careful in buying food and if they find naughty business actors in terms of selling expired foods can report to the agency drug and food superintendent.
PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS DALAM TINDAK PIDANA KORUPSI PROYEK TERBATAS PEMBANGUNAN RUMAH SAKIT (STUDI PUTUSAN NO.15 /PID.SUS-TPK/2018/PN.MDN) Marthin Simangungsong; Herlina Manullang; Tulus R.G Purba
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.v2i01.214

Abstract

The existence of corporations in the Criminal Code provisions that currently apply has not clearly stipulated corporations as perpetrators of crime because only Article 59 of the Criminal Code still regulates corporate provisions. However, the provisions of regulations outside the Criminal Code have clearly regulated the existence of corporations as legal subjects such as Law Number 40 of 2007 concerning Limited Liability Companies. Corporate criminal crime in its development has been widespread in people's lives, this can be done by the management of the corporation itself. The form of corporation in its development is in the form of legal entity and non-legal entity, one of which is a legal entity is a Limited Liability Company, in Article 82 of the Company Law Director is the management of the company, the Director represents the Limited Liability Company in and out of Article 82 of the Company Law. As for the problem in this research is how the criminal responsibility of the Director of a Limited Company in a criminal act of corruption in a hospital development project (study of decision number 15 / Pid.Sus-TPK / 2018 / PN.Mdn)The legal research method used in this study is a type of normative legal research that is research used by searching or analyzing and analyzing library materials, one of which is Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn. Then based on the results of research on Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn it can be concluded that based on the deeds and errors of the Director of PT. Care Indonusa has fulfilled the element of error, criminal liability requirements and found no excuses for excuses or justifications, so that criminal liability can be requested from the Director of a Limited Liability Company. Based on the above, the judge sentenced him to 5 (five) years in prison as a form of criminal liability to the Director of PT. Care Indonusa.
AKIBAT HUKUM PENCABUTAN BERITA ACARA PEMERIKSAAN SAKSI DI DEPAN PERSIDANGAN DALAM TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 201/Pid.Sus/2018/PN Simalungun) Pondang Hasibuan; Sahat Benny Risman Girsang; Erni Juniria Harefa; Janpatar Simamora; Herlina Manullang
Nommensen Journal of Legal Opinion Vol 01 No 01 Juli 2020
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v1i01.341

Abstract

During the trial, witnesses were often found retracting the testimony of witnesses given during the investigation (Police) in court. There are many reasons that the revocation is given by the witness to revoke the witness's BAP that has been given before the investigator. The problem studied is how the consequences of the revocation of the BAP in front of the trial affect the judge's decision in Decision No. 201/Pid.Sus/2018/PN Simalungun. The research method uses a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and legislation. In Decision No. 201/Pid.Sus/2018/PN Sim that the strength of the evidence of the witness's BAP becomes an integral part of the investigation file and is finally transferred to the District Court for trial, it has become evidence of affidavits. That the consequence of the revocation of the witness's BAP before the trial in Decision No. 201/Pid.Sus/2018/PN.Sim did not affect the judge's decision to convict the defendant, because the Panel of Judges considered that the revocation of the witness's BAP did not have a strong reason and the defendant's actions were also categorized as extraordinary crime.
URGENSI PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA HASIL PILKADA LANGSUNG Yonata Harefa; Haposan Siallagan; Hisar Siregar
Nommensen Journal of Legal Opinion Vol 01 No 01 Juli 2020
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v1i01.342

Abstract

In accordance with the decision of the Constitutional Court Number 97 / PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.
PENERAPAN RESTORATIVE JUSTICE DALAM PROSES PERKARA TINDAK PIDANA PENGERUSAKAN DIHUBUNGKAN DENGAN PERATURAN JAKSA AGUNG TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (Studi di Kejaksaan Negeri Pematangsiantar) Sahat Benny Risman Girsang; Erni Juniria Harefa; Pondang Hasibuan; July Esther
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.v2i01.347

Abstract

Settlement of criminal cases through restorative justice in stage two (2) or since the handing over of responsibility for suspects and evidence to the Public Prosecutor has been regulated in the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The legality of the application of restorative in Indonesia has been used in Law No. 11 of 2012 concerning the Juvenile Justice System (SSPA) and the Circular Letter of the Chief of Police No. 8 of 2018 concerning the Application of Restorative Justice before the start of the investigation sent to the Public Prosecutor. a law enforcement in a slow direction because law enforcement is carried out at various levels from the Police, Attorney General's Office, District Courts, High Courts and even to the Supreme Court. In the end it has an impact on the accumulation of cases that are not small in number in court. The purpose of this study is to find out the application and problems that occur in the application of restorative justice through efforts to stop prosecution in the process of resolving cases of criminal acts of vandalism associated with the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This research is normative-empirical juridical using a case approach and a statutory approach. Data collection techniques using primary data are field interviews at the Pematang Siantar District Attorney and library research to obtain secondary data. Referring to the principle of fast, simple and low cost justice, PERJA No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has been accommodated, especially in cases of destruction by making peace between victims and suspects, and the peace process is carried out voluntarily, with deliberation and consensus, without pressure, coercion and intimidation. In this peace process the facilitator is the Public Prosecutor, this is because there is no interest and connection with the case, against the victim and the suspect. In the implementation of PERJA No. 15 of 2020, it turns out that there are many obstacles, including the lack of understanding among law enforcement regarding restorative justice, lack of infrastructure, and public misunderstanding.

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