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Sumatera utara
INDONESIA
USU LAW JOURNAL
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol 5, No 3 (2017)" : 15 Documents clear
ANALISIS YURIDIS FUNGSI OTORITAS JASA KEUANGAN (OJK) SEBAGAI PELINDUNG NASABAH PERUSAHAAN ASURANSI Dede Aquari Irawan Surbakti; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Regulation on consumer protection in Indonesia has especially existed since Law No. 8/1999 on Consumer Protection was in effect. In its development, consumer protection in also done by independent institutions, based on Law No. 21/2011 which is called OJK which functions to organize an integrated regulation and supervision system toward all activities in financial service sector. One of the goals of establishment o OJK is to protect consumers and society. In order to achieve that goal, OJK issued POJK No. 01/POJK.07/2013 on Customer Protection in Financial Service Sector. One of the financial service sectors supervised by OJK is insurance system. Today, insurance is regulated in Law No.40/2014. The research problems are as follows: how about the role of OJK in protecting insurance company customers in the insurance legl system in Indonesia,how about the difference between consumer protection, stipulated in Law No 8/1999 on Customer Protection, and that which is regulated in Law No. 21/2011 on OJK in conjuction with POJK No. 01/POJK/07/2013 on Customer Protection in Financial Service Sector. The result of the research showed that,first,after  Law No.40/2014 on Insurance was in effect, the role of OJK was very strategic as an institution which regulates and supervises insurance companies since they request license for the establishment. It also has the right to impose severe administrative sanction by revoking insurance company which is potential to harm their consumers. Secondly, in providing legal protection for insurance customers, OJK, through POJK No. 01/POJK.07/2013 provides more maximal legal protection than Law No 8/1999 on Consumer Protection. Keywords:  -OJK (Financial Service Authority), Insurance Customers,Consumer protection
PERTANGGUNGJAWABAN PEMEGANG LISENSI-WAJIB MENURUT UNDANG-UNDANG NOMOR 14 TAHUN 2001 TENTANG PATEN Indi Fandaya; Runtung Sitepu; Keizerina Devi Azwar; Utari Maharany Barus
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Patent term first appeared in Europe in the Dark Ages as technologies used. Patent term itself comes from the Greek word meaning 'open'. In the UK the term known letters Patent, namely the decree issued by the kingdom which gives exclusive rights to certain individuals and businesses. From the definition of the word itself Patents, Patents concept to open knowledge for the betterment of society and instead, inventors obtain exclusive rights for a certain period. Problems in this thesis is Do the terms of compulsory patent licensing according to the principles contained in the Intellectual Property Rights? How is the government's role in determining the amount of royalties for a compulsory license? The results showed a condition of the terms of the license shall not fully in accordance with the principles of intellectual property rights, this is due to the loss of the principle of justice on the owner or holder of patents when patent that has been discovered or produced by the owner or holder of patents taken over by government simply because of the pressing needs and for the benefit of society. The role of government is enormous and absolutely to determine the amount of royalties to the patent exploitation undertaken by the government issued Government Regulation No. 27 of 20014 About the Mechanism of Patent by the Government and Regulation of the Minister of Finance Ministry of Finance Regulation No. 72/PMK.02/2015 About Rewards Comes from Non Tax Revenue Royalties To Patent Inventor.   Keywords : Intellectual Property Rights , Patents , Compulsory Licenses
PENYELESAIAN PINJAMAN BERMASALAH DALAM PROGRAM PINJAMAN DANA BERGULIR UNIT PENGELOLA KEGIATAN (UPK) PNPM MANDIRI PERDESAAN KELOMPOK SIMPAN PINJAM PEREMPUAN (SPP) DI KECAMATAN KARANG BARU KABUPATEN ACEH TAMIANG DITINJAU DARI PERSPEKTIF KITAB UNDANG-UNDANG Iqbal Mursalin; Tan Kamello; Yefrizawati Yefrizawati; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Implementation of the revolving fund by CGU is part of PNPM MP that aims to improve the economic welfare of the family in the countryside. It also dilakuakn in KarangBaru where the majority of the population who are women just graduated from high school, but the system of revolving funds in UPK with the communities do not have a clear legal position on the legislation in Indonesia. Based on the above background found the problem: First, lending procedures revolving fund UPK to the SPP in KarangBaru district of Aceh Tamiang viewed from the perspective of the draft Civil Code, two factors that cause bad loan revolving fund UPK against group SPP in KarangBaru district of Aceh Tamiang, completion of non-performing loans in the UPK program revolving fund against the SPP in KarangBaru sub-district of Aceh Tamiang viewed from the perspective Seen from the perspective of the Book of the Law of Civil Law.   Keywords : Settlement, Troubled Loan, Revolving Fund, UPK
ANALISIS HUKUM KEDUDUKAN PENGGUNAAN CEK DAN BILYET GIRO SEBAGAI JAMINAN UTANG DALAM HUBUNGAN BISNIS Julisman Julisman; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Cheque and Bilyet Giro is a payment instrument that is recognized in payment payment system in Indonesia. Initially "cheque" are first known and used by the public as a means of payment is legitimate because the cheque by its nature is cash and portable payments. With cheque as a cash payment tool to replace cash, the public is very fond of using it until it eventually leads to a lot of empty cheque in business transactions. To regulate the cheque for not being misused, the Government of Indonesia issued Law No. 17 of 1964 concerning Prohibition of Withdrawal of Blank Cheque, which essentially prohibits the use of blank cheque as they may disrupt, disrupt, and frustrate government efforts in implementing stability improvements in monetary and economic sectors. According to Article 1, Article 2, and Article 3 of the provisions, the use of blank cheque may be subject to severe punishment, in the form of death penalty, life imprisonment and at least 20 (twenty) years imprisonment. Such provision causes the public no longer free to use the cheque and cause the Indonesian economy to deteriorate until finally the provision is revoked based on Government Regulation in Lieu of Law No. 1 Year 1971.   KeyWords : Use of cheque and bilyet giro; Means of payment; and Debt guarantees in business relationship.
ANALISIS HUKUM MENGENAI SANKSI PIDANA PENJARA SEUMUR HIDUP TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DALAM PERSPEKTIF KRIMINOLOGI : STUDI PENGADILAN NEGERI MEDAN Marihot Tua Silitonga; Ediwarman Ediwarman; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   People’s relevance in the social and national life starts from an understanding that law is a part of the inherent system in human life. Therefore, we need a policy to improve or make the national KUHP (the Criminal Code) as the value in the society in order that it better reflects the personality of Indonesian nation. Today, life imprisonment is still an alternative to the imposition of death penalty for murderers; thus, it is necessary that life imprisonment be regulated by taking into account the existing interests, the factors that cause and need to be considered in imposing criminal sanctions. The research discussed some problems i.e. how the legal provisions regulated the criminal sanctions for a premeditated murder, how the process leading to life imprisonment for the criminal of a premeditated murder in criminology perspective, how the legal policy on the criminal of a premeditated murder. The results show that firstly, criminal sanction for the criminal of a premeditated murder is stipulated in article 340 of KUHP regarding the pronouncing of death penalty, life imprisonment and 20 year imprisonment. In addition, regarding the offenses stipulated in KUHP, it also regulates the types and criminal sanctions in article 10 of KUHP which is in force at present time. Secondly, the Judge continues to use the factors that cause the occurrence of such crime, namely internal and external factors to be taken into consideration in pronouncing a criminal case of premeditated murder. Thirdly, the criminal law policy is oriented on the reality that the criminal law policy implemented takes into more consideration the criminal’s behaviour and fate that he will become better in the future. Keywords: Crime, Premeditated Murder, Criminology
TANGGUNG JAWAB MASKAPAI PENERBANGAN ATAS KEAMANAN PENUMPANG DALAM RUTE PENERBANGAN NON IZIN DI TINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN Mhd. Subhi Solih Hasibuan; Tan Kamello; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Any air flight accidents always result in losses for passengers either moral or materill which of course gave birth to prolonged legal issues, particularly with regard to the legal responsibility of the airline or carrier (carrier) against passenger and owner of the goods, as the parties to the agreement as well as the carriage as a consumer, especially if an accident on a flight without permission. The issue raised in this research, i.e. how legal consequences for businessmen who do tort related infringement safety for passengers on the flight routes of non consent, the responsibility over the security of airline passengers in the flight route to non permission, and the form of compensation the airline cannot satisfy the security factor for passengers on the flight routes of non consent.   Key Words: Responsibility, Aviation, Non Consent
SISTEM PEMBUKTIAN PADA TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM KAITANNYA DENGAN HUKUM ACARA PIDANA Nara Palentina Naibaho; Mahmud Mulyadi; Muhammad Hamdan; Mirza Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Muara District Court Teweh No. 194/Pid.Sus/2013/PN.Mtw, the accused was sentenced under electronic evidence in the form of sms while Ranai District Court's Decision No.20/Pid.B/2013/PN.Rni containing electronic documents as supporting evidence to ensnare convict. It brings need to be assessed on setting criminal offense of information and electronic transactions contained in the legislation, Strength evidence electronic evidence in criminal offenses of information and electronic transactions in relation to criminal procedural law and the role of electronic evidence in uncovering the truth of the law in the District Court's Decision Muara Teweh 194/ Pid.Sus/2013/PN.Mtw and Ranai District Court's Decision No.20/Pid.B/2013/ PN.Rni.   Keywords: Evidence, Verification and Criminal Procedure Law
UPAYA HUKUM ACTIO PAULIANA DALAM MELINDUNGI KREDITOR ATAS ASET DEBITOR DALAM KEPAILITAN PERSEROAN TERBATAS Ruben Tambunan; Sunarmi Sunarmi; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The legal action of Actio pauliana in the bankruptcy of a limited liability company is the cancellation of a legal act of transferring the company’s assets to a third party by the debtor (in bankcruptcy) where such action is not obliged to do (the existence of bad faith), this harming the creditor as refrred to in Articles 41 to 47 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligation of Debt Payment. The legal action of Actio pauliana is to provide legal protection and legal certainty to the creditors for the repayment of the debts of the debtor. The application for the cancellation of this legal act shall be submitted to the Commercial Court by a designated and appointed curator by a court assigned to conduct the management and/or ordering of property from a bankrupt party. The important thing to be noticed before such petition is submitted to the Comercial Court is to ensure that the ownership of the asset is actually on behalf of the company so that the petition for the cancellation of such legal act is not in vain.   Keywords: Bankrupttcy, Actio pauliana, Limited liability company.
ANALISIS YURIDIS PENENTUAN KEDUDUKAN SAKSI PELAKU SEBAGAI JUSTICE COLLABORATORS DALAM TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI PEMATANG SIANTAR (Studi Putusan No: 231/Pid.Sus/2015/PN Secsio Jimec Nainggolan; Syafruddin Kalo; Mahmud Mulyadi; Edy Yunara
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Judge’s Ruling in Pematang Siantar District Court No. 231/Pid.Sus/2015/PN Pms decides lighter sentence than the prosecutor’s claim because the defendant is considered a justice collaborator. A defendant is considered to be a Justice Collaborator by Pematang Siantar District Court because he has helped as a witness and revealed the main narcotic dealer and the networks involved in the distribution of narcotics in Pematang Siantar and Simalungun District. The Judge considered that the defendant’s testimony as a justice collaborator of being cooperative. This case encourages a need to study the judge’s legal consideration in deciding the narcotic perpetrator as a justice collaborator in Pematang Siantar District Court. It needs to study whether the ruling which says that the narcotic perpetrator as a justice collaborator has been in accordance with the objective of the conviction. Keywords: Witness and Victim Protection Institution, Justice Collaborators, Narcotic Crime
PERTANGGUNGJAWABAN PIDANA PELAKU PENYALAHGUNAAN ATAS PENERIMAAN PEMBAYARAN PAJAK REKLAME BERJALAN MOBIL TANGKI BEREKLAME (Studi Putusan Pengadilan Tipikor Medan No.10/Pid.Sus.K/2014/PN.Mdn) Sari Devi Tumanggor; Alvi Syahrin; Madiasa Ablisar; Faisal Akbar Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The state is responsible to keep the interests of its people in prosperity, security, defence and education in life. In performing the responsibility to bring it to reality, the state has its sources of revenue to rely on based on valid constitutional regulations. Tax as one of the state's or provinces' sources of revenue has an important role, and its successful accomplishment is the duty of the authorized tax officials. However, in fact there was a tax official who commited corruption by abusing his authority which then causes state's financial loss. How is the official's responsibility in justifying his act as the state's or province's official who had accepted tax-payment wihout depositing it into province's treasury. Key Word : Criminal responsibility, An abuser’s to accepting tax payment

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