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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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PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP Erni Juniria Harefa; Pondang Hasibuan; Sahat Benny Risman Girsang; Herlina Manullang
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.356

Abstract

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG DATA PRIBADINYA DIPERJUAL BELIKAN DI APLIKASI FINTECH PEER-TO-PEER LENDING Roida Nababan; Nelson Persada Sinaga
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.366

Abstract

The influence of globalization brings many influences in the progress of life. The rapid development that can be seen from the era of globalization is the development in the field of information technology, especially financial applications. Applications that are developing in the financial services sector are fintech applications. The increase in the use of fintech applications leads to abuse of the fintech application itself. Misuse of personal data of fintech consumers is by buying and selling personal data of fintech consumers. Facts related to the misuse of consumer personal data in fintech applications for sale are circulating on social media. The sale and purchase of consumer personal data using this fintech application was confirmed by a cybersecurity observer from Vaccines.com, Alfons Tanujaya, to CNN Indonesia. The sale and purchase of consumer personal data has violated Article 4 letter a of Law Number 8 of 1999 concerning Consumer Protection, hereinafter referred to as UUPK which states: "Consumers' rights are rights to comfort, security, and safety in consuming goods and/or services." Buying and selling of consumer personal data on fintech applications violates consumers' rights to obtain safety, convenience, and security when using fintech applications.
TINJAUAN HUKUM KEADAAN MEMAKSA(FORCE MAJEURE) DALAM PELAKSANAAN KONTRAK BISNIS PADA MASA PANDEMI COVID-19 Besty Habeahan; Sena Rusiana Siallagan
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.369

Abstract

The Legal Review of Force Majeure in the implementation of business contracts during the covid-19 pandemic objectives of knowing whether covid 19 pandemic defined by the government as a national disaster which can be classified as a force majeure in the implementation of business contract and to find out how to solve the law against default in the implementation of business contract during the covid 19 as a national disaster. The library research, namely the research conducted in the library where the data is obtained from available data by reading and studying books such as laws of regulation, Scientific works, dictionaries and so on. Based on the method used, the result of this study indicate that force majeure is relative, so the cases that occur must be studied first, because not all the parties get loss but some of them get profit, for the implementation of achievement can be done by considering great effort and sacrifice. Relative Force Majeure is exemption from lost and interest costs, but not for cancelation of agreement. A right solution to solve from dispute is by negotiating with the parties, because the covid 19 pandemic it’s self is a new event.
TINJAUAN YURIDIS TANGGUNG JAWAB PENGEMUDI DAN PERUSAHAAN ANGKUTAN ATAS DALAM PENGANGKUTAN BARANG MELALUI ANGKUTAN DARAT (Studi CV. Belawan Indah) Jinner Sidauruk; Grace M. C. Lumbantobing
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.385

Abstract

CV Belawan Indah as a company engaged in the field of freight services is also not free from problems arising from mistakes of drivers and transport companies. In discussing the problems in this thesis needed a method of data collection, to obtain data with research. The research in question is the research method of library research and interviews that is collecting material obtained from primary data and secondary data. The data obtained will be analyzed normatively which is descriptive qualitative so that it illustrates the reality. Based on research results obtained at CV. Belawan Indah that the driver and the transport company are jointly responsible by disadvantage arising in the freightage via truck transportation to delays, damage, and lose the goodsin each operation of transportation and efforts of the owner of the disadvantage in the freightage the goods can file a claim for compensation through a consumer and business dispute resolution agency or the so-called BPSK or through a court of law within the general court.
TINJAUAN YURIDIS HUBUNGAN PEMERINTAH PUSAT DAN DAERAH SAAT TERJADI WABAH VIRUS COVID-19 DALAM KARANTINA WILAYAH SESUAI DENGAN UNDANG-UNDANG NOMOR 6 TAHUN 2018 KEKARANTINAAN KESEHATAN Kasman Siburian; Ondo Puro Hutahaean
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.386

Abstract

The determination of the status of the Covid-19 Pandemic by the World Health Organization based on the number of spread of the virus has increased significantly and sustainably globally, this has been responded by the Government of Indonesia by setting the status of the Covid-19 outbreak as a National Disaster on March 14 as stated in the Decree President Number 12 of 2020 concerning the Designation of Non-Natural Disaster for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. The principle of the unitary state emphasizes the highest power over all state affairs, namely the central government without a delegation or delegation of power to the regional government (local government). Based on the results of the research that has been done, it can be concluded that, considering that there are still problems with coordination, communication and synergy that were felt at the beginning of this pandemic, it is considered to be still lacking. The government should have responded quickly to the pandemic which in turn affected the entire handling process. However, it has been seen that the government is increasingly focused and realizes that coordination is important, one of which is reflected in the existence of a task force and a study of the status of various regions in Indonesia. This is done for the common interest of handling the Covid-19 health emergency.
PERTANGGUNGJAWABAN PIDANA KORPORASI YANG MELAKUKAN KORUPSI PENGADAAN BARANG DAN JASA Marthin Simangungsong; Sihol Marito Siregar
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.387

Abstract

A corporate criminal accountability is a corporate obligation to receive a reply for his crimes. These crimes can be appealed to corporations based on theories about how they handle criminal crimes. The study is aimed at understanding the form of corporate criminal accountability under the law no. 31 in 1999, Jo law no. 20 in 2001 on the elimination of corruption crimes, and understanding the corporate criminal accountability of those who are in the corruption management of goods and service ruling no.1 / ppd. SUS/ppd. PST. This study is a normative-law study, with legal sources being primary and secondary legal materials, with regulatory and case approaches, and is then studied descriptively by using deductive and inductive methods to address the problem. Based on research the authors conducted on corporate criminal accountability that underlie the 51st/pd. SUS/tipikor /2018/ pk. JKT. In the first semester of 2008, bank Indonesia the central bank/bi decided to raise its key rate by 25 basis points to 8.25 percent in the second quarter of this year.
PERANAN MAHKAMAH AGUNG DALAM PENEGAKAN HUKUM DAN KEADILAN MELALUI KEKUASAAN KEHAKIMAN Rinsofat Naibaho; Indra Jaya M. Hasibuan
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.388

Abstract

Judicial power is an independent power to conduct justice and to uphold law and justice. One of the executors of the judicial power was carried out by the Supreme Court. The role of the Supreme Court as the executor of judicial power is urgently needed as a suppressor of any violation of the law, the last place is seeking truth and justice, and the guardian of citizen freedom from all forms of violations of Human Rights. This Research has a formulation of the problem what is the role of the Supreme Court in upholding law and justice and what are the driving factors and obstacles to the Supreme Court in carrying out its role throught the judicial authority. The purpose of this study is to know and understand the extent to which the independence and independence of the Supreme Court at this time, to understand the role of the Supreme Court in upholding law and justice, and to know the driving factors and obstacles of the Supreme Court in carrying out its role through judicial power. Based on the analysis carried out, it was concluded that the Supreme Court in carrying out its duties and functions has 2 (two) roles, that is as the the Supreme Court Judiciary that carries out the judicial function of making regulations to fill the vacancy in order to smooth the judicial process as a State High Institutions that carries out non-judicial functions, which includes providing legal considerations/advice to other State High Institutions.
KEBIJAKAN HUKUM PIDANA SEBAGAI UPAYA MEMINIMALISIR TINDAK PIDANA BULLYING DI MEDIA ELEKTRONIK Sumangat Salomo Sidauruk; July Esther; Herlina Manullang
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.390

Abstract

The need for technology today is increasing and continues to be developed in order to make it easier for humans to carry out their daily activities, because apart from being a medium for providing information, through the Internet, commercial community activities will also become the largest and fastest growing part and can penetrate various national borders. In fact, the existence of some types of business is impossible without this network, market activities in the world can be known for 24 (twenty four) hours. But in reality what is happening today, the development of this era is like a double-edged sword because for the positive we all have to be grateful for it because there are many benefits and conveniences obtained from this technology, for example we can do banking transactions anytime with e-banking, e-commerce It also makes it easy for us to buy or sell an item without knowing the place. In addition, we can find references or information about science is not difficult with the e-library and many more conveniences obtained with the development of the internet. Whereas in a negative nature, the use of this information technology has influenced every attitude and behavior of members of the community, even as a result has also formed a new world society that is no longer hindered by the territorial boundaries of a country to become a "mayantara world" (a world without boundary) or “virtual reality”. The author's purpose in this study is to find out about criminal law policies against bullying in electronic media at this time in Indonesia and criminal law policies in the future as an effort to minimize bullying in electronic media. The current criminal law policy regarding bullying in electronic media in Indonesia is identified with the Criminal Code, and lastly on November 25, 2016, Indonesia has issued Law No. 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions involve several articles relating to the form of bullying in electronic media. If we look closely at the laws and regulations in Indonesia, there are still many weaknesses in the criminal provisions regulated in the Criminal Code and the ITE Law to reach the crime of bullying in electronic media. Criminal law policies as an effort to minimize bullying in electronic media can be found in the Draft Criminal Code and comparative studies with other countries on bullying, so that with the establishment of a new Criminal Code and make comparisons from other countries as an effort to minimize bullying in electronic media so as not to jump from year to year in order to see the cheerfulness of Indonesian children.
KEPASTIAN HUKUM MANFAAT PENSIUN MENURUT UNDANG-UNDANG NO. 13 TAHUN 2003 DENGAN UNDANG-UNDANG CIPTA KERJA NO. 11 TAHUN 2020 KLASTER IV DAN PERATURAN PEMERINTAH NO. 45 TAHUN 2015 Nelson Manalu; Martono Anggusti; Janpatar Simamora
Nommensen Journal of Legal Opinion Vol 02 No 02 Juli 2021
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v2i02.393

Abstract

Workers at work and when entering retirement age, that in everyday life it is difficult to deny the condition of workers categorized as marginalized (groups), this can be seen through Government Regulation concerning retirement age Number: PER-02/1995 retirement age 55 years and Government Regulation No: 45 of 2015 the retirement age is 56 years and can be extended to 60 years. Whereas in daily reality there are still many workers who work in the formal sector, generally in private companies are employed over the age of 60 years. Whereas according to the labor law, namely Law no. 13 of 2003 article 167 (currently has been removed) the retirement age is not regulated explicitly and only refers to the pension benefit which is regulated by the amount of the pension benefit according to the working period of the worker/laborer. Whereas according to the Job Creation Law, Number 11 of 2020 Cluster IV concerning Employment does not refer to the Government Regulation regulating the retirement age, and the Cluster IV Job Creation Act Number 11 of 2020 only regulates pensions and the nominal value of pension benefits is regulated by Government Regulation Number 35 of 2021.
ANALISIS HUKUM PENGGUNAAN SURAT KUASA YANG MELEBIHI TUJUANNYA (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1189K/Pdt/2017 dan Putusan Pengadilan Negeri Cibinong Nomor 104//Pdt.G/2012/Pn. Cbn.) Raskita J.F. Surbakti
Nommensen Journal of Legal Opinion Vol 03 No 01 Januari 2022
Publisher : Magister Hukum Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/njlo.v3i1.414

Abstract

Misuse of power of attorney in a civil case includes, among other things, if the power of attorney contains beyond the limit of authority granted by the power of attorney to the recipient of the power of attorney, so that the power of attorney can be used to commit a legal act that is inconsistent with or deviates from the intention or purpose of the person giving the power of attorney. power. The power of attorney is often a problem in view of the restrictions, legal consequences and protections that connect with third parties. The problem of power in this thesis is reviewed based on the decision No. 104 / PDT.G / 2012 / PN.Cbn and Decision Number 1189K / Pdt / 2017. The formulation of the research problem is: discussing the regulation of limiting the provision of power of attorney based on civil law in Indonesia, due to the legal agreement of the beneficiary that exceeds his authority and legal protection of third parties who suffer losses due to the use of a power of attorney beyond their authority The type of research used in this thesis is normative legal research, the nature of the research used is descriptive analytical research. This study uses library data collection techniques (library research). The data analysis used in this thesis research is qualitative data analysis. The limitations on granting power of attorney in the Civil Code are seen in Article 1794 to Article 1798 of the Civil Code which explains the granting of power based on what the giver is responsible for with the substance of the power of attorney's wages, form of power, power of attorney, provisions for exercising power of attorney and whoever can receive power. Decision Number 1189K / Pdt / 2017, the power of attorney even in the form of apparent power of attorney made based on the receivables of the power of attorney is not allowed by the court to make a sale and purchase deed based on a power of attorney against him even though the power of attorney has a debt against him Decision No. 104 / PDT.G / 2012 / PN.Cbn explained that in relation to the legal position based on the results of the court punishing the power of attorney to return what is the right of the power of attorney is a form of proof of the power to bind the power of attorney as a form of agreement. The agreement that has been agreed upon is only to offer and find a buyer but is carried out in fact selling the object of the dispute. Third party protection is obtained based on Article 1491 of the Civil Code which reads: "The coverage which is the obligation of the seller to the buyer is to guarantee two things, namely: first, control of the goods being sold in a safe and secure manner; second, for the existence of hidden defects in the goods, or in such a way as to issue a reason for the cancellation of the purchase ”.

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