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INDONESIA
USU LAW JOURNAL
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Articles 469 Documents
ANALISIS HUBUNGAN KELEMBAGAAN ANTARA OTORITAS JASA KEUANGAN DENGAN BANK INDONESIA BISDAN SIGALINGGING
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The characteristic of OJK institution is independent to realize national economy which growth sustainably, especially in regulate and supervise banking sector. OJK has coordination with other institutions by integrated, independent, just, transparent, and accountable inter financial institution. How is the independency of OJK and BI in regulating and supervise banks, and how is the coordinating relationship between OJK and BI? The type of the research was judicial normative. The independency of OJK and BI is very different. The independency of OJK in its regulation has governmental element, but independency of BI does not. It can spoil the principle of the philosophy independency. Coordinating between OJK and BI can be established through cooperation in making regulation and supervise banks, specially in handling micro-prudential. In the abnormal condition, the coordinating is made through FKSSK for the handling of macro-prudential. It is recommended that regulating independency unmistakable if want to maintained independency, ex officio should be omitted because it will spoil the independency principle, or, if ex officio is used, the independency of OJK should be eliminated. BI and OJK should make standard guidance of the technical of coordination to anticipate the overlapping of the implementation of task and responsibility. Keywords: Independency, Authority of Financial Service, Bank Indonesia
PENEGAKAN HUKUM PIDANA DALAM TINDAK PIDANA PENCABULAN TERHADAP ANAK (STUDI PUTUSAN NO. 396/PID.B/2012/PN-LP DI PENGADILAN NEGERI LUBUK PAKAM) BOB SADIWIJAYA
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Law No.23/2002 on Child protection is expected to function as a safety valve for various criminal acts intended to children including criminal act of sexual abuse. But, this expectation is different from reality in which the criminal act of sexual abuse tends to increase from time to time. The legal provision on sexual abuse against children is regulated in the Indonesian Criminal Codes and law No.23/2002. The law enforcement in the case No. 396/Pid.B/2012/PN-LP was done accordance with the provision of the Indonesian Criminal Codes and law No.23/2002. Juridical constraint was the provision of Article 153 paragraph (3) of the Indonesian Criminal Codes and Article 64 paragraph (3) of Law No.23/2002 stating that decency court proceedings are closed to public and the absence of article regulating severe punishment for the adult perpetrators of child sexual abuse. The non-juridical constraints were the lack of human resources/court officials including the judges who are especially able to understand the problems of child psychology, the less representative facility and infrastructure such as the courthouse for the trials of the cases of decency and the cases which are closed to public. Keywords: Law Enforcement, Criminal Act, Sexual Abuse, Child
ANALISIS YURIDIS PENYELESAIAN PEMBIAYAAN BERMASALAH PADA BANK SYARIAH (Studi pada PT. Bank Muamalat Indonesia, Tbk, di kota Medan) CHRISANTY AMALIA
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The presence of syariah bank in Indonesia has long been waited by Indonesian muslim community.  The establishment of PT. Bank Muamalat Indonesia, Tbk. in 1991 as the first Syariah bank offers new athmosphere for community’s economy particularly the muslim community. A syariah bank is a bank whose business activities are based on shariah principles.  Islamic bank becomes an alternative for community to improve the economy.  In providing finance (debt), syariah banks do not apply the system of interest, as a debt interest in Islam which is called riba is unlawful.  The bank  in seeking for profit does not use interest but money sharing system. Similar to conventional banks, Bank Muamalat provides services such as credit/financing. The forms of financing provided by Bank Muamalat consist of  mudharabah, musyarakah, murabahah, salam, istishna, ijarah, ijarah muntahia bitaamlik, or qaradh, qaradh al hasan financing.Financing with the system of installment for certain time includes in murabahah.  Murahabah contract is similar to the sale and purchase agreement. So, there is a process of exchange of goods with cash transactions, where payment is carried out within a certain time with a fixed amount of total financing .   Keywords: Non Performance Financing, Muamalat Activity, Akad Murabahah
PELAKSANAAN SISTEM KOORDINASI PENGAWASAN ORANG ASING KOTA SABANG DILIHAT DARI ASPEK HUKUM KEIMIGRASIAN SEBAGAIMANA DIATUR DALAM UNDANG-UNDANG NO. 6 TAHUN 2011 TENTANG KEIMIGRASIAN FAHROZI FAHROZI
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The heterogeneous geographical condition of Indonesian territory with the clusters of islands stretching from Sabang to marauke automatically becomes the factor complicating the process of monitoring the existence of foreigners doing activities in the territory of Indonesia in general and in the city of Sabang in particular. Therefore, intensive inter agency coordination is needed in the process of immigration monitoring and enforcement. The problems discussed in this study were how foreigner focused inter agency monitoring coordination system was regulated, how foreigner focused inter agency monitoring coordination was implemented, and what kind of enforcement effort can be done on the violotion of immigration permit reviewed from law no.6/2011 on immigration. According to law no.6/2011, monitoring the foreigners was implemented by the Sabang immigration office through the mechanishm coordinating with the local police, local government, local manpower service, related agencies and local community. Tthe coordination of foreigner monitoring in the Sabang area was done through a joint monitoring, exchanging information about the existence and activities of the foreigners in Sabang area up to the process of legal action either administratively or projustisia. The legal action taken for immigration violations was determined through a deep analysis by the related officials by considering the effectiveness of the handling process of the cases occurred in one region of the republic of Indonesia including the city of Sabang. Key words :  Implementation, Coordinating system, Monitoring coordination, Law no.6/2011
PENGAWASAN KEIMIGRASIAN TERHADAP ORANG ASING DALAM RANGKA PENDEPORTASIAN DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN (STUDI DI KANTOR IMIGRASI KELAS I POLONIA MEDAN) IMAM BAHRI
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The controlling of international human traffic in one country concerning the immigration aspect of a certain country has universal value and specification in each country which should be in line with the value and need of that country. In Indonesia, the controlling of foreigners is performed by the Directorate General of Immigration for central government level, by Law and Human Rights Office for provincial level, and by the head of the Immigration Office for regional/municipal level. The controlling of foreigners is done by asking them to obtain their visas from the Indonesian Consulates and keeping watch over them when they enter the country, while they are staying, and all their activities in Indonesia, until they leave and return to their respective countries. Deportation is one of the immigration aspects in which it is needed to minimize negative impact of their existence and activities during their stay in Indonesia.The condition and provision of Deportation stipulated in Article 13, Paragraph 1 of Law No. 6/2011 gives the authority to the Immigration Officials to reject any foreigner to enter the Indonesian territory. The immigration controlling constitutes controlling foreigner which includes observing and controlling all their activities since they plan to come to the country, their stay in the country until they leave Indonesia as it is stipulated in Article 66, Paragraph 2 of Law No. 6/2011 on Immigration. Keywords : Controlling Foreigners, Immigration, Deportation.
ANALISIS HAK DAN KEWAJIBAN PARA PIHAK PADA PERJANJIAN JUAL BELI PIUTANG DALAM PEMBIAYAAN ANJAK PIUTANG MUHAMMAD HENDRA
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The right and obligation that become a heap in the bond of contract will be a holy symbol to all the parties, together keep it in order to what become the basic interest  of all the parties could be protected and realized finely in the same manner as must. On Pacta Sun Servanda principle that is the person who pledge to do something must fulfill his or her promise along with Partie Autonomie or Freedom Of Contract that absolve everyone to make an agreement of contract and then the contract will be the law to all the party who made it, as long as not to be in contradiction wih all the rules and regulations that obtain an all the other proper norms. Until for the next future couldn’t happen what says as WanPrestasi (reluctant of promise) by one party that finally could have negative impact to all the process of trade transactions that ongoing.In particular in factoring trade transactions that day after day getting wriggle especially after legalized and precepted in Keppres No.61 of 1988 on date December 20 of 1988 about Financing Institution or be acquainted with policy package of December 1988 that distincted with releasing judgement letter of The Minister Of Finance No. 1251/KMK.013/1988 about Finance Company that revised with Regulation Of The Minister Of Finance No.84/PMK.012/2006 about Finance Company. Keywords: Factoring, The right and obligation of the parties in factoring agreement,Wan Prestasi (reluctant of promise) and the settlement dispute of  the parties in factoring.
PERANAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP ANAK PELAKU TINDAK PIDANA PENGGUNA NARKOTIKA NUR SARI DEWI
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Children are potential young generation to continue the ideals of national struggle. With their strategic role and special characteristics, children can ensure the continuous existence of the state and nation in the future. Children who are in conflict with law need protection considering that they are immature and very much depending on others. Basically, children cannot protect themselves from various mental, physical and social threats in their lives, especially in the implementation of chils criminal justice they are infamiliar with.The application of criminal law as a means of preventing drug abuse will eventualy result in the problem how a judge make his decision. The basic consideration for the judge to make decision that can be used as the materials to analyze the orientation of the judge in making decision is also very important to see how releveant the decision the judge has made to the predetermined purpose of punishment. In sentencing the children using drug, the judge tends to base it more on juridical consideration. Juridical consideration is not adequate to be the only base in sentencing children. It will be wiser if the sentence is based on the non-juridical consideration such as the children’s spiritual, mental and physical growth because this spiritual ability is the base for the judges including the judge who sentences the children.
PERANAN PENYIDIK POLRI DALAM TINDAK PIDANA YANG TERKAIT DENGAN PENEMPATAN TENAGA KERJA INDONESIA DI LUAR NEGERI (Studi Pada Kepolisian Daerah Sumatera Utara) ROBERT HARYANTO WATRATAN
USU LAW JOURNAL Vol 1, No 1 (2013)
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Abstract

Human trafficking is a crime. TKI (Indonesian workers), especially children, in foreign countries are vulnerable to be the object of human trafficking. The police has strategic role in preventing and eradicating it and illegal TKI placement. The regulation on criminal act in the placement of TKI in foreign countries only states that illegal individuals are prohibited to send TKI to foreign countries or illegal TKI is prohibited. The role of Polda Sumut investigators is to optimize the relationship among nations. The obstacles faced by Polda Sumut can be judicial and non-judicial. Some efforts are to increase preemptive, preventive, and repressive actions. It is recommended that Law No. 1/2006 on Mutual Legal Aid in Criminal Act should be optimized, the national interest principle of the Aid Requesting Countries should be prioritized to accelerate the process of law enforcement in the Aid Requesting Countries, and prevention should be more prioritized than eradication. Kata Kunci:   Keywords: Role of Police Investigators, Placement of TKI in Foreign Countries, Human Trafficking Criminal Act
PERANAN KEPOLISIAN RESOR LABUHAN BATU TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN ROBERTUS A PANDIANGAN
USU LAW JOURNAL Vol 1, No 1 (2013)
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Abstract

Police force, an important element in creating security and order, provides protection, service, and shelter to people. Violent theft criminal acts in Police jurisdiction of Labuhan Batu increases, either quantitatively or sadistically so that they even cause death. Police jurisdiction of Labuhan Batu comprises three districts: Labuhan Batu Induk/Raya District, Labuhan Batu Utara District, and Labuhan Batu Selatan District.The violent theft criminal acts in Article 365 of the Penal Code are regulated specifically on robbery. One factor which causes them in the Police jurisdiction of Labuhan Batu is that the number of the police personnel is not balanced with the wide area. Therefore, it prioritizes the handling of them as the prominent case. It is recommended that the sanctions imposed on the perpetrators collectively be based on Article 365 and Article 56 of the Penal Code, these factors should be efficiently, and the priority scale on violent theft criminal acts should be increased. Keywords: Role of Police Force, Police District of Labuhan Batu, Violent Theft Criminal Act
ANALISIS TERHADAP PERLINDUNGAN INVESTOR ASING DALAM KEGIATAN PENANAMAN MODAL DI SUMATERA UTARA (STUDI PUTUSAN MA-RI NO. 382 K/TUN/2010) WAHANA GRAHAWAN MANURUNG
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The role of law in supporting foreign investment is urgently needed in order to create legal certainty. In order to invite investors, especially foreign investors, to Indonesia, a consistent and integrated government regulation is needed in order to give the benefit not only to foreign investors but also to the Indonesian government, especially in increasing the economic growth which develop stable each year. The problems which were discussed in the research were about the government’s main policy on domestic and foreign investors based on Law No. 25/2007 on Capital Investment, the government’s attempt to give legal protection to foreign investors, and legal certainty for foreign investors in investing their capital in North Sumatera as it is stipulated in the Ruling of MA-RI no. 382 K/TUN/2010. The government should give equal treatment (not discriminative) to investors based on Law No. 25/2007 on Capital Investment. This equal treatment should be based on the principle of national treatment and the principle of the most favored nations. The protection given by the government to foreign investors is by improving the structure of legal provisions on investment and the implementation of these legal provisions, improving the facilities and services for investors, giving investment security, and controlling capital investment. The research of the case which occurs in the Ruling of the Supreme Court of the Republic of Indonesia No. 382/ K/TUN/2010 indicates that there is the law enforcement in the case which occurs in PT Socfin Indonesia (Socfindo) because there is no legal certainty. The overlapping of regulations can be seen in the publication of The Directives of the Governor of North Sumatera in 1971 and in 1972 although the land had legal basis owned by NV Sukaradja Cultuur My in the Land Certificate on January 28, 1928 and has been used as plantation area since 1928. The overlapping regulations can harm investors; in this case, PT Socfin Indonesia (Socfindo). Keywords: Protection for Foreign Investors

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