Garuda - Garba Rujukan Digital

Analisis Pencabutan Keterangan Terdakwa Dalam Berita Acara Pemeriksaan (BAP) Penyidikan Di Persidangan Terhadap Putusan Hakim Sarimonang B Sinaga; Syafruddin Kalo; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.093 KB)

Abstract. The revocation information of the defendant in the news of the proceedings (BAP) investigation at the trial which is not accompanied by a fundamental and logical reason then the legal position of the description of the defendant in the BAP the investigation can be "evidence hints". Legal considerations the judge refused the defendant's description of revocation reason Rhio Hendra Heriawan Ginting, et al in the BAP investigation because of the reasons stated for the removal of the defendant in the trial is not accompanied by a fundamental reason and logical, so that description the defendants contained in the BAP investigation can serve as evidence of the defendant's fault, the instructions while the matter with defendant Sandro Lumban Tobing, et al, the judge accepted the reasons for the removal because the defendants description accompanied by fundamental and logical reasons so that it captions the defendant in a BAP investigation does not have value of proof in proving fault of the defendant Keywords : Revocation Information of The Defendant, The News of The Proceedings (NoP) Investigation, Consideration The Ruling of The Judges.

Kebijakan Kriminal Terhadap Tindak Pidana Pencabulan Yang Dilakukan Oleh Anak Di Wilayah Pancur Batu Rosalyna Damayanti Gultom; Alvi Syahrin; Edi Yunara; Marlina Marlina
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (640.561 KB)

Abstract. Children as successors to the baton of the struggle of the nation and state actually grasp the hopes of the nation. The good and bad future of the nation depends also on the good and bad conditions of the child at this time. However, now children often fall into various crimes, including the crime of sexual abuse. Crimes of sexual immorality can not only be done by adults, but children also tend to easily fall into it. There are 8 (eight) cases of sexual offenses committed by children in the Pancur Batu area that occurred in 2016 to 2017. The problems raised in the writing of this thesis are how to regulate criminal acts of sexual abuse committed by children in the legislation in Indonesia, then what are the factors that cause criminal acts of sexual abuse committed by children in the Pancur Batu area, and how is the criminal policy in handling criminal acts of sexual abuse committed by children in the Pancur Batu area. Keywords : Criminal Policy, Abuse done by Children

Perjanjian Kredit Sumut Sejahtera PT. Bank Sumut Dalam Kaitannya Dengan Penyelesaian Kredit Bermasalah Adi Saputra; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (636.947 KB)

Abstract. Micro, small and medium enterprises have so far shown their strategic role especially in expanding employment opportunities, increasing community income and economic growth in Indonesia including maintaining and recovering the economy during the critical condition. One of the difficulties experienced by the micro entrepreneurs in exanding their business is the limited cap[ital due to the difficulty of accessing the working capital provided by the banks because of the absence of collateral. It is stated in Article 3 and Article 6 of Law No.10/1998 on Banking that the main function of Indonesian banking is to raise and distribute public funds, and one of the bank businesses is to extend credit. In relation to this matter, to help develop the micro business without collaterals, Bank Sumut lunched a product called Kredit Sumut Sejahtera, a credit extended to the Kelompok Keuangan Mikro (Micro Financial Group= MFG) with 20 (twenty) till 30 (thirty) members through banking education in the form of guidance, training and consultation on the compulsory weekly meetings. This MFG applies the system of Grameen Bank popularized by Muhammad Yunus in Bangladesh. This credit extension is only to fund the micro working capital especially to empower the financially disadvantaged women. Although, up to now, there is no special regulation from Bank Indonesia on the technical implementation of credit extension through the Grameen Bank system, the bank can extend the credit through this Grameen Bank system based on Law No.10/1998 on the Amendment of Law No.7/1992 on Banking, Law No.20/2008 on Micro, Small and Medium Enterprises, the Regulation of Bank Indonesia No. 14/22/PBI/2012 on Credit Extension, or the Financing by Commercial Banks and Technical Assistance for the Development of Micro, Small and Medium Enterprises. During this credit extension activity, the incident of non-performing loan is unavoidable but it can be minimized. If this Kredit Sumut Sejahtera is not performing well due to the factors raised by the debtors, the strength of joint-liability groups is one of the effective efforts to settle the problem, and the bank can debit the debtors’ savings to pay their debt or file an application to the court in order to confiscate all of debtors’ assets for the repayment of their debt under section 1131 of the Indonesian Civil Codes. The incident of the non-performing loan can be avoided through the in-depth analysis done to the debtor before the credit is extended, doing strict monitoring system in credit extension, and making a clause in the credit agreement that can protect the bank. Keywords: Credit Agreement, Non-Collateral Credit for Micro Business, Non-Performing Loan Settlement

Kebijakan Polresta Medan Terhadap Tindak Pidana Kejahatan yang Dilakukan Oleh Kelompok Geng Motor (Studi Kasus Polresta Medan) Patar Maruli Simanjuntak
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (682.392 KB)

Abstract. Motorcycle gangis a group of young people who are members of a community of two-wheeled motorized vehicles. Gang was originally a component of adolescents who had the same goals. Starting from just looking for a new experience, then the actions of gang members over time become increasingly out of control and turn into criminal acts of violence and crime. For example, robbing and killing. In the scope of the Medan Police's policy problem against criminal acts of crime by motorcycle gang groups. The formulation of the problem in this study is what the causes of crime committed by motorcycle gangs in Medan Police are, how the Medan Police policy on crimes committed by motorcycle gang groups and what obstacles which are faced by Medan police in dealing with crimes which are committed by groups motorcycle gang are. The purpose of this study is to analyze and explain the factors that led to the crime which are committed by motorcycle gang groups in Medan Police, to identify and explain Medan Police's policy towards crimes which are committed by motorcycle gang groups, and to analyze and explain the obstacles in Medan Police dealing with crimes which are committed by motorcycle gang groups. This research is a normative juridical research that is a research that emphasizes legal science. The data collection techniques and tools are carried out by library studies and field studies that are obtained directly from the research location in the form of interviews with police officers. The data analysis carried out by qualitative methods. From the results of the study concluded: the motorcycle gangs in the law area of Medan Police are very frightening to the public. Almost every night, motorcycle gangs convoy on the street carrying sharp machetes. This happens because of several factors including environmental factors, the influence of liquor, minimal formal education, and revenge factors. The policy which is carried out by Medan Police in tackling the level of crime committed by the motorcycle gang group is preventive in nature, namely, carrying out patrol activities, conducting raids on liquor sellers, and counseling in every school. Repressive efforts, namely, pursuing and arresting suspects, holding checks on suspects along with evidence, and then submitting documents to the District Prosecutor's Office for processing. Keywords: policies, crime, motorcycle gang

Tinjauan Yuridis Tentang Tindak Pidana Kekerasan yang Dilakukan Oleh Orang Tua Terhadap Anak Kandung (Studi Putusan Nomor 208 /Pid. Sus/2017/PN Trt) Rudi Sianipar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (949.155 KB)

Abstract. One of the cases of child molestation to eliminate the lives of children often occurs not only in big cities, in areas that are far from the development of the capital city of Indonesia is widespread, such as cases of child murder by father who occurred in Humbang Hasundutan district of North Sumatra Province. The case of the child's murder was examined in the Tarutung District Court and was decided by Decision Number 208 / Pid.Sus / 2017 / PN.Trt .. As for the problem of this research, how is the form of legal protection against the child of the victim of violence in the domestic violence? What is the criminal policy towards the application of criminal law to the parents who perpetrate violence against their children in the Decision of Case Case Number 208 / Pid.Sus / 2017 / PN. Trt ?, How is the judges' consideration in Decision Case Number 208 / Pid.Sus / 2017 / PN. Trt ?. The method of this research is normative juridical research. The nature of this research is descriptive analysis, the method used to describe a condition or condition that is happening or lasting its purpose in order to provide data as much as possible about the object of research so as to explore the things that are ideal, then analyzed based on legal theory or regulations - the prevailing law. The results of this study, firstly, the form of legal protection against child victims of violence in the domestic violence act is to provide legal protection both normatively and empirically. The normative is to enforce punishment correctly in accordance with the law against the perpetrators of violence. Empirically, it is given protection to victims by means ofpreventive and giving protection of children rights, rehabilitation and psychological counseling to child of victim of domestic violence. Second, the application of criminal law to parents who violate their children in decision of Case Decision Number 208 / Pid.Sus / 2017 / PN. Trt is to apply a prison sentence of 2 years 6 months against perpetrators of domestic violence. Third, Judges' Consideration in Case Decision Number 208 /Pid.Sus / 2017 / PN. Trt is by looking at the evidence presented in the courtroom and the evidence provided by the public prosecutor, further consideration is with the testimony of the victim's witness and the perpetrator. It is suggested to the government to consistently provide protection to child victims of domestic violence both normatively and empirically; it is advisable to judges and prosecutors to give severe punishment to the perpetrators of domestic violence especially in natural children. it is advisable for judges to more clearly give consideration in the court’s decision to create justice, certainty and legal benefits Keyword: violence, children and parents

Pengawasan dan Penindakan Sebagai Upaya Perlindungan Hukum Terhadap Dana Masyarakat yang Disimpan Di Lembaga Koperasi Simpan Pinjam (KSP) Kamaluddin Pane; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (849.045 KB)

Abstract. The activities of the Saving Loan Cooperative (KSP) into a special phenomenon for the past two years, the cause is a loss of Community Fund are fantastic.This is becoming a lot of questions of the extent of secuirity and a protection of Community funds that are deposited in the Institution the cooperative store, on this issue ultimately had to be returned to the proportion of the legislation and regulations, containing the entire activities of the Saving Loan Cooperative (KSP) as part of one of the forms of community economy activities which many popular varieties. As for the related legislation implementation activities KSP is Act Number 25 Of 1992 about cooperation, Act number 1 of 2013 About microfinance institutions, and regulation of the financial services authority (POJK) and ministerial regulation Cooperatives And Small And Medium Enterprises (KUKM). The method used in this research is the juridical normative or legal research methods, that is a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of rules and Legislation, and the data that is retrieved by accessing the internet related to this research. The study was done with that data, so it can be compare to unknown picture of efforts to answer to the problems of the legal protection of the community's funds deposited in the Cooperative Institutions. Based on Act Number 25 year 1992 About Cooperative then convened a Community Fund activities by Cooperative Loan (KSP) is done to a limited extent. But the fact is, a lot of problematic cooperative of loan have done activities gather funds widely. In addition, according to the law number 1 Year 2013 about microfinance institutions, then should all activities KSP compulsory license, the construction and supervision of the financial services authority (OJK). And that became a problem as long as it is stored in Community Fund Cooperative Institutions (KSP) do not have a guarantor of Deposits. Keywords: legal protection, Cooperative Loan, the financial services authority, the institution of Micro finance

Analisis Yuridis Terhadap Tugas dan Wewenang Majelis Pengawas Notaris Setelah Diundangkannya Undang-Undang No. 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang No. 30 Tahun 2004 Tentang Jabatan Notaris Yandi Wijaya Silalahi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (714.242 KB)

Abstract. The enactment of Law No. 2/2014 on the Amendment to Law No. 30/2004 on Notary Position has caused changes in the authority of Notary Supervisory Council. This research aims to know, Firstly, how the duty and authority of the Notary Supervisory Council is before the imposition of Law No. 2/2014 compared to the one after it. Secondly, what impacts are brought by the revocation of the authority of the Notary Supervisory Council in relation to the approval given for the benefit of the trial process on Notary’s compliance with the Notary Supervisory Council. Thirdly, what obstacles are encountered by the Notary Supervisory Council in performing their duty and authority pursuant to Law No. 2/2014 on the Amendment to Law No. 30/2004 on Notary’s Position. This research employs normative juridical method and the data are collected through library study and field research while the data analysis is done qualitatively. This research was conducted by using normative juridical research method and data collection through literature study and field research and data analysis was done qualitatively. From the results of this study is expected to get a picture related to changes in the authority of the Notary Supervisory Board. Keywords: Notary Supervisory Council, Supervision and Notary

Peran Pemerintah Daerah Dalam Pengawasan Penanaman Modal Sektor Pariwisata (Studi Dinas Pariwisata Kabupaten Tapanuli Utara) Juergen K. Marusaha. P. Panjaitan; Budiman Ginting; Mahmul Siregar; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (714.079 KB)

Abstract. The authority of the Regency / City Government in organizing investments in the field of tourism, Article 27 paragraph (1) of the Investment Law states that the Government coordinates investment policies, both coordination between Government agencies, between Government agencies and Bank Indonesia, between Government agencies and regional governments, as well as between regional governments, with delegation of authority from the central government to local governments. The role of districts / cities in controlling investment activities in the tourism sector, namely monitoring compilation, namely verification and evaluation of the Investment Activity Report (LKPM) and various other sources. Guidance by means of counseling on investment rules. Guidance is also carried out by providing investment consultations and guidance in accordance with the licensing provisions owned by investors. Implementation of investment supervision in the field of tourism at the North Tapanuli District Tourism Office, so far the North Tapanuli District Government has carried out oversight of investments in accordance with applicable regulations, but there are still several obstacles, namely the unavailability of how many PMA and PMDN companies are categorized as the planning stage , the development phase, and the commercial stage, the coordination function is still weak because the planning preparation process has not involved the investment / technical institutions in the Regency / City. Keywords: Supervision, Local Government, Investment, Tourism

Tanggung Jawab Korporasi Dinas Kebersihan Atas Pengelolaan Sampah Berdasarkan Undang-Undang No. 18 Tahun 2008 Tentang Pengelolaan Sampah Jennifer Jennifer; Alvi Syahrin; Madiasa Ablisar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (840.44 KB)

Abstract. Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law. Keywords : waste management, corporate liabilities

Konsinyasi Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Wahyu Ibrahim; Muhammad Yamin; Hasim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (785.485 KB)

Abstract. The problems of this thesis is whether the provisions of the consignment in the procurement of land for the construction of public interest in accordance with the care that is mentioned in the BW / Civil Code, why legally consignment justified in the procurement of land for development in the public interest, and whether care compensation (consignment) of the land used for construction of the public interest is in conformity with the principles of the agreement. This type of research used in this research is a kind of normative juridical research, descriptive analysis. The data analysis was conducted using qualitative analysis. The survey results revealed that the care for damages (consignment) in different land acquisition or do not fit as well as the shift in meaning with care as in the Civil Code, as consignment in land procurement relationship between the government and community objections regarding the huge amount of compensation given, whereas in the Civil Code to repay debt due receivables arising under a contract in an engagement relationship. Keywords: Custody Compensation (Consignment), Land Procurement, Public Interest.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota medan,

Sumatera utara

INDONESIA