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INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 17 Documents
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Search results for , issue "Vol 3, No 1 (2015)" : 17 Documents clear
PERLINDUNGAN HUKUM TERHADAP NASABAH ATAS PERBUATAN PIALANG SAHAM YANG TIDAK BERITIKAD BAIK Amrizal Fahmy Fahmy; Bismar Nasution; Keizerina Devi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Legal liability to investors in the stock brokerage stock market is a relationship that is based on contractual relationships. There are responsibilities that must be carried by such broker to sell or buy action based on orders from investors. It is primarily a stockbroker more passive than active in its responsibilities to investors. However, there are actions that can be activated if there is a stock broker it really needed investors. The forms of action were not acting in good faith from a stock broker to the investor is informed not act properly on certain information effects, not informed and deliberate disregard of the use of investor funds were made ​​without the knowledge of investors stockbroker. Given legal protection Law Number  8 of 1995 on Capital Markets and Regulation Number  01 / POJK / 2013 concerning Consumer Protection Financial Services Sector is a legal protection in the form of preventive and repressive.
ANALISIS YURIDIS TERHADAP TINDAKAN PEMBERHENTIAN DENGAN HORMAT PADA ANGGOTA POLRI (ANALISIS PUTUSAN PENGADILAN TATA USAHA NEGARA MEDAN NOMOR 52/G.TUN/2005/PTUN-MDN) Anderson Sirongoringo Sirongoringo; Budiman Ginting Ginting; Pendastaren Tarigan Tarigan; Jelly Leviza
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The regulation on the discharge of police officers is stipulated in Law No. 2/2002 on the Republic of Indonesia State Police and on PP (Government Regulation) No. 1/2003 on the Discharge of Police Officers. The legal enforcement in the case No. 52/G.TUN/2005/PTUN-MDN has been in line with the provision of the prevailing law of procedure. The obstacle faced by judges in executing the Ruling No. 52/G.TUN/2005/PTUN-MDN is caused by the legal provisions which do not firmly regulate the enforcement of execution of the Ruling of the State Administrative Court, the absence of enforcement institution as the executor of the ruling, and the absence of sanction on the non-compliance to the ruling. Plaintiffs’ obstacle in executing the ruling is also related to the absence of a firm regulation in Law No. 2/2002 and in PP No. 1/2003 related to the court’s ruling on discharge. Keywords: Honorable Discharge, Police Officers, Ruling of the State Administrative Court
SANKSI TINDAKAN SEBAGAI SARANA ALTERNATIF PENANGGULANGAN KEJAHATAN PSIKOTROPIKA BAGI PECANDU DAN PELAKU ANAK DALAM PERSPEKTIF HUKUM PIDANA Anggoro Wicaksono Wicaksono; Alvi Syahrin Syahrin; Budiman Ginting Ginting; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT One problem arising from the use of narcotics and psychotropic substances by children addict. Children are protected by Law No. 3 of 1997 on the Juvenile Court in which action alternative sanction can be applied to children through the law. The question arises what if the addict child which distribute narcotics and psychotropic substances, whether punitive action is done through sanctions. These questions arise because the child is protected by law while the addict must be severely punished by law. Criminal offenses committed by a child should be seen and understood as a social phenomenon, meaning that one should not give a bad stigma or sign that the child is evil for committing a crime, but we must understand and give attention and affection to them. Judicial approach to the child who committed the crime should be closer to the approach persuasive, educational, psychological, which means as far as possible to avoid legal proceedings solely punitive, dropping mental (mental degradation) and face stigmatization that can inhibit the growth and maturity of a reasonable of children.
ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL ATAS PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA (PHK) DENGAN ALASAN MENGUNDURKAN DIRI (Studi Kasus Putusan Mahkamah Agung Nomor : 37 K/Pdt.Sus/2013) Ardiantha Putera Sembiring; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Arrangements Termination of Employment by reason of resigned of their own accord have been set in Article 162 of Law Number 13 of  2003 on labor, where in one of the verses that paragraph (3) sets the terms of PHK by reason of resignation in a way apply for resignation by  workers/labourers in writing no later than 30 days before the start date of resignation. Against the ruling of the PHI Number: 60/G/2012/PHI.Mdn stating PHK of the plaintiffs are characterized as Termination of Employment since the resignation of their own accord are contrary to Article 162 of Law Number. 13 of 2003 on Labor. Therefore, the decision of the Supreme Court the case Number. 37K/PDT.SUS/2013 quashed the verdict of the Court at the level of industrial relations and stated the Tribunal Judges of PHI had been wrong to apply the law and not paying close attention to disconnect the evidences in the matter, is in compliance with the provisions of applicable law. Keywords : Termination of Employment by reason of resignation, the ruling of PHI, workers/labourers.
APLIKASI KEBIJAKAN HUKUM PIDANA TERHADAP PELAKSANAAN REHABILITASI PECANDU DALAM TINDAK PIDANA NARKOTIKA (STUDI DI REHABILITASI KEMENTERIAN SOSIAL PAMARDI PUTRA “INSYAF” SUMATERA UTARA) Arie Kartika; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Law enforcement in narcotics which uses criminal instrument is not the only prioritized policy; the strategies of law enforcement in narcotics such as treatment strategy and rehabilitation strategy are also needed. One of the examples of social rehabilitation centers in North Sumatera is PSPP (Social Rehabilitation Center Pamardi Putra) ‘Insyaf’ of North Sumatera, under the aegis of the Social Ministry of the Republic of Indonesia. It is responsible for carrying out the mandate in the policy of criminal law on the implementation of rehabilitation for drug addicts. The policy of handling (criminal political) crimes was done by using “penal” (criminal law) and non-penal (outside criminal law) facilities. Therefore, penal policy is related to the functionalization in some stages: formulation, application, and execution. The application of the policy in criminal law in implementing rehabilitation for drug addicts is synchronized between written policy planning and service planning for drug addicts. The implementation of social rehabilitation gives legal benefit to drug addicts. Keywords : criminal politicy, criminal law, social rehabilitation, drug addicts
"HUBUNGAN ANTARA KESENGAJAAN TERHADAP PERTANGGUNGJAWABAN PIDANA DALAM KASUS KECELAKAAN LALU LINTAS DI JALAN YANG MENYEBABKAN HILANGNYA NYAWA ORANG SESEORANG" M Budi Hendrawan; Alvi Syahrin; Budiman Ginting; Mahmud Mulyadi
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Traffic is also known with the intent and negligence. Most formulation of a criminal offense, the element of intent or called by opzet is one of the most important elements. Relation to the element of intent, then when in a formulation of criminal acts are acts intentionally or commonly referred to opzettelijk, then this master element intentionally or include all the other elements that are placed behind and had to be proven. Relation to traffic accidents is in terms of motor vehicle driver negligent in maintaining the safety of themselves and others. This study aims to identify and analyze the relationship with punishment deliberate, intentional element which can be applied in sentencing traffic accidents, and the element of punishment in a traffic accident that resulted in the death of the element of intent. Keywords : traffic accidents, punishment deliberate
PELAKSANAANEKSEKUSIPUTUSAN PENGADILANDALAMPERKARA PERDATA TERHADAP ASET BUMN Charles Silalahi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   State Owned Enterprises (SOE) is a business entity wholly or largely owned by the state capital through direct investments from sovereign wealth pengaturanya separated and regulated in Law No. 19 Year 2003 on SOEs and the Law No. 40 Year 2007 About the Company Limited. But there are many cases of failure by not executed a civil suit over the object of wealth owned by the Court was interpreting SOE’s property is state property that is subject to the law of the State Treasury. Regulation of Wealth Owned Enterprises as a form of wealth separated state regulated in Law Number 19 Year 2003 regarding SOEs and Law No. 40 of 2007 on Limited Liability Companies. Wealth Enterprises is the object Civil Lawsuit Case. When the state capital in the form of shares included in the Persero of wealth separated state, for the sake of intellectual property law becomes Persero. No longer the nation's wealth. This is based on Article 1 (1) and figure (2) jis Article 1 (10) and Article 4 paragraph (1) of state-owned enterprises, as well as Article 1 (1) in conjunction with Article 7, paragraph (7) letter a of Law PT also principles of law 'separate legal entity', wealth separated state and are included as capital assets Persero Persero. Consequently all the wealth obtained either through the inclusion of the country as well as those derived from business activities Persero, by law, a wealth Persero itself. Analysis of the Supreme Court delayed the execution of the provisions referring to Law. 1 of 2004 on State Treasury, Article 1 number 10, 11 and 50 then there is a conflict of laws (antinomie) the rule of law. This is an issue that the Supreme Court ruling execution can not be carried out above. To complete the 'antinomie' rule of law courts should use a "preference principle of law ', namely: (1) Lex superiority derogat legi inferiori (legislation higher higher level defeating legislation below), (2) Lex posteriori derogat legi priori (new legislation which beat the old legislation), and (3) Lex derogat legi generali specialist (special legislation defeated general legislation). There are several related attitudes 'antinomie', namely: (1) denial (disavowal), (2) reinterpretation, (3) revocation (invalidation), and (4) recovery (remedy).   Key Words: Execution, Civil Case, SOE Assets
DISPARITAS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA Devy Iryanthy Hasibuan; Syafruddin Kalo; Suhaidi Suhaidi; Madiasar Ablisar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT     Conditions of punishment against the perpetrators of the crime of narcotics in general practice caused the disparity in the imposition of criminal punishment against narcotics. some narcotics criminal cases that have been Composed by a criminal court judge, a criminal cause disparities among different judges in deciding cases against the same. In addition to disparities that occur in sentences by fellow judges, the disparity also occurs between the the imposition of criminal  prosecution.  Concluded, first, punishment against perpetrators of narcotics under Law No. 35 of 2009 on Narcotics in the court ruling could potentially lead to disparities in the criminal because the interval between the minimum criminal penalty provisions and open wide maximum criminal. Second, the factors that cause the disparity in the criminal narcotic crime, among others, is no operation of the SPP elements as   appropriate, differences in philosophy espoused by each judge is different, the absence of sentencing guidelines for judges in imposing a criminal, an independent judiciary, and uncontrolled  disparities in the criminal cases narcotic crime can be done in the most effective way is to establish a sentencing guidelines. Keywords : Disparities Punishment, Narcotics, and Sentencing Guideliner
KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN PENCURIAN KENDERAAN BERMOTOR (STUDI DI KEPOLISIAN SEKTOR SUNGGAL) Eko Hartanto; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Motor vehicle theft problem in the community is no longer a new thing, because almost every day many cases moto vehicle theft. Location of motor vehicle thefts occur in many places, but generally the same modus operandi. Nowadays, these criminal motor vehicle theft, especially theft is increasing, because the sanction given to the offender the theft of a motor vehicle is considered less severe, so many actors are already free repeat such action. This research is important to know why the highest motor vehicle theft happened in the jurisdiction of Police Sunggal. Furthermore, the data also showed, Crime Settlement (PTP) in Sunggal Police also did not show significant numbers.
PENERAPAN PERIZINAN TERPADU DALAM PENERBITAN IZIN LINGKUNGAN DI PROVINSI SUMATERA UTARA (Studi: Izin Lingkungan PT. Arah Environmental) Radinal Panggabean; Suhaidi Suhaidi; Syamsul Arifin; Pendastaren Tarigan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Environmental protection and management need an integrated system to be developed. This system is a national policy in environmental protection and management which has to be done consistently and consequently from the central government to local government in permits. North Sumatera Provincial Administration has the Integrated Permit Service Board which one of its authorities is issuing environment permit as the requirement to get business/activity license which is regulated based on the prevailing rules. PT. Arah Environmental is a company which operates in the field of hospital medical waste gathering. Before it gets its business license, it has to complete environment permit first. The latter is issued, based on environmental feasibility and recommendation from UKL-UPL which is used as the instrument for planning preventive action against environmental pollution and damage which has possibly been caused by business/activity. It could be concluded that coordination among regional government agencies was needed. Even though integrated permit is considered a good system, it does not guarantee its implementation of forestalling environmental pollution and damage as the result of business or activity implementation.   Keywords:      Integrated Permits, Integrated Permit Service Board, Environment Permit

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