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Penerapan Unsur Permufakatan Jahat Dalam Pasal 132 Ayat (1) Undang-Undang Republik Indonesia Nomor 35 Tentang Narkotika : Studi Putusan Pengadilan Negeri Medan Nomor : 2644/Pid.Sus/2017/Pn.Mdn Gerry Anderson Gultom; Syafruddin Kalo; Muhammad Hamdan; Edi Yunara
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara not in accordance with the full sound of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, this can be seen clearly from the indictment, proof of elements by the public prosecutor in the judicial panel's decision and elemental verdict in the decision that omits the phrase "to do" in Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The application of articles like this is clearly contrary to the law. The application of evil consensus elements in Article 132 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics based on the decision of the Medan District Court Number: 2644 / Pid.Sus / 2017 / PN.Mdn on behalf of defendant Roni Sihombing and defendant Novrizal Batubara eliminating the phrase "to do" gives rise to different legal consequences of the intent and purpose of Article 132 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning actual Narcotics. The phrase "to do" wants the perpetrators of crimes to be charged even though the criminal act has not been completed, but in this case the public prosecutor and the panel of judges actually prove the crime as referred to in the second indictment which has already been completed. By proving the second indictment, the public prosecutor and the panel of judges wasted the opportunity to prove the defendant's guilt in the first indictment, whose criminal threat was more severe even though the facts of the trial were very possible to prove the defendant's mistake in the first indictment. Keywords: application, elements, evil consensus, crime and narcotics.

Kompetensi Pengadilan Tindak Pidana Korupsi dan Pengadilan Tata Usaha Negara Terkait Penyalahgunaan Wewenang yang Mengakibatkan Kerugian Keuangan Negara Hiras Afandy Silaban; Alvi Syahrin; Budiman Ginting; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The results of this study concluded that (1) abuse of authority in administrative law and criminal law occurred when the officers have the Authority (either by attribution, delegation or mandate) does not implement the authority in accordance with the goal gave the authority. In this case, the abuse of authority may result in financial loss to the State between administrative law and criminal law are affected by the intention (mens rea) with a result of the Act (actus reus); (2) Dualism between the authority of the courts of criminal acts of Corruption by The country's Courts in the event of abuse of authority which resulted in financial losses of the country caused by the similarity of the concept, the subject of the intended norm (normadressat) and the desired behavior or behavior that is not desired (normgedrag) between the abuse of authority; (3) a court which has competency against the abuse of power that resulted in financial losses of the State is the country's Administrative Court and the Court of criminal acts of corruption. In this case, the competence of the courts of The States have restrictions (retriksi) about a time where The State Court can receive, check and disconnected or no abuse Report after the Examination and APIP before the Court of a criminal offence of corruption began the process towards the matter. In the matter of the petition examination submitted at trial after the criminal offence of corruption starts, then the process in court The State Court process must wait for the criminal offence of corruption is completed. Keywords : corruption, abuse of authority

Pelaksanaan Peraturan Pemerintah Nomor 48 Tahun 2008 Tentang Pendanaan Pendidikan Terkait Pungutan Sekolah Pada Sekolah Menengah Negeri Di Medan Jimmy Carter A.; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The legal basis for implementing levies is Article 51 PP Nmor 48 of 2008 number (5) letter c No 48 of 2008 concerning Education Funding which must follow the provisions stipulated in Article 52 of Government Regulation Number 48 of 2008 concerning Education Funding. Levies outside the provisions of legislation constitute illegal levies that have criminal sanctions depending on the case by case that occurs. The forms of levies in State High Schools in Medan are called School Fees or often called SPP in accordance with Government Regulation No. 48 of 2008. Some Medan Senior High Schools are still carrying out levies outside of school fees such as Research, School Sports Week, Christmas Money, Retreats, Study Tours , Qurban, Teacher's Day, Pool Money, LKS book money, Class Cash, Principal Cup, Farewell, etc. PP 48 of 2008 has not been fully implemented in the State High School in Medan. The implementation of PP 48 of 2008 is still experiencing problems, namely chaos that occurs during meetings / deliberations between Schools, School Committees, and other stakeholders. Keywords : education funding, levies

Analisis Yuridis Kewenangan Dewan Komisaris Dalam Pelaksanaan Rapat Umum Pemegang Saham (RUPS) Bagus Firman Wibowo; Sunarmi Sunarmi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Board of Commissioners is a PT organ that serves to oversee the tasks carried out by the Board of Directors and also give advice to the Board of Directors, besides that the Board of Commissioners is the company organ in charge of overseeing the Board of Directors in terms of the implementation of GMS. The situation of the Board of Commissioners can hold a GMS, if the Board of Directors is unable or there are other provisions that cause the GMS to not be held, the Board of Commissioners appointed by the shareholders has the authority to hold a GMS. Research This thesis is a normative juridical study accompanied by a legislative approach, this research is also descriptive analytical, the source of data in this study is Law No. 40 of 2007, books, legal dictionaries, journals, decision No. 54 / Pdt.P / 2016 / PN / Plk and 157 / G / 2014 / PTUN.JKT. Data collection techniques in this study are secondary data. Qualitative analysis is research on descriptive research and tends to use analysis. Basically those who function and have the authority to hold the annual GMS and Extraordinary GMS are Directors. Unless the directors are unable or there is a conflict of interest between the directors and the company, the summons is made by the Board of Commissioners. In Article 79 paragraph (1). The implementation of the GMS is entirely an initiative of the Board of Directors. The Board of Commissioners must call the GMS no later than 15 (fifteen) days from the date the request for the implementation of the GMS is received. Furthermore, the GMS convened by the Board of Commissioners based on the GMS call upon the request for the holding of shareholders, only discussed issues relating to the reasons stated in the request letter. Whereas if those who hold a Board of Commissioners are at the request of the shareholders, they are only limited to discussing mass issues relating to the reasons stated in the request letter. The Board of Commissioners has the authority to Organize the GMS in the condition that the Board of Directors does not hold an annual GMS or extraordinary GMS. According to Article 79 paragraph (2) the Board of Commissioners must conduct a GMS if the Board of Directors does not implement the GMS, if the Board of Commissioners does not conduct a GMS, the position of the Board of Commissioners can be dismissed by the shareholders in an LB GMS which will then be held by the shareholders with court approval country. This is included in the Responsibility section due to negligence tort liability, based on the concept of fault relating to interminglend. Keywords : board of commissioners, general meeting of shareholders

Pemenuhan Hak Konstitusional Penghayat Kepercayaan Parmalim Dalam Dokumen Administrasi Kependudukan : Studi Putusan Mahkamah Konstitusi Republik Indonesia Nomor 97/PUU-XIV/2016 Daulat Nathanael Banjarnahor; Faisal Akbar Nasution; Mirza Nasution; Afnila Afnila
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Indonesian Constitution, the 1945 Constitution has regulated the freedom of every citizen to embrace religion or adhere to faith and be treated equally and not discriminatory. In its implementation, freedom to adhere to beliefs, equal treatment and non discrimination has not been felt by believers, especially those who believe in parmalim because they have not been able to state their status as trustees in the demography administration document. The problem in this thesis study is how the legal arrangement related to the Indonesian belief in Indonesia during the new Order period to date, how the implementation of the constitutional rights of the termination of trust Parmalim in the administration The population before and after the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016, and how the State responsibility in fulfilling the constitutional rights of the Parmalim belief in the Demography Administration. This thesis uses empirical legal research methods. The data used in this thesis research are secondary data in the form of primary, secondary, and tertiary legal materials and supported by primary data in the form of in depth interviews with informants. The development of regulations related to belief groups in the New Order era can be seen in several forms of legislation, including the MPR Decree. Other arrangements in the form of a Presidential Decree, Minister of Religion Decree, Minister of Home Affairs Circular, Attorney General's Decree, and Law. During the regulatory reform period, the belief group was in the form of acknowledgment to the belief group which was regulated in the MPR Decree and Law. The implementation of fulfillment of the constitutional rights of the parmalim trustees in demography administration before the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016 was done by the Medan City Demography and Civil Registry Service is limited to Family Cards (KK) and was not done yet to identification card because refer to Demography Administration Law. After the Republic Indonesia Constitutional Court Decision Number 97/PUU-XIV/2016, Slowly gradually the Indonesian state through the government began to take strategic measures to accommodate the inclusion of the status of the belief in the administration of their residency, which is to publish The regulation of the minister of home affair, make any changes to the demographic information system, and issued a circular letter ministry of home affairs’ circular letter. The form of state responsibility in fulfilling the constitutional rights of the people who believe in parmalim in demography administration has not been fully implemented because it is still limited to filling in the KK religious column. Keyword: compliance, constitutional rights, parmalim trustees, demography administration

Penerapan Penyelesaian Perkara Melalui Pendekatan Restorative Justice Dalam Penanganan Tindak Pidana Penganiayaan Rachmat Aribowo; Alvi Syahrin; Sunarmi Sunarmi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The community is a portrait of life full of disputes, disputes, quarrels, feuds, or various types of conflicts between individuals, groups, families, ethnicities, even between nations that result in various forms of criminal offense including criminal acts both light and heavy as intended Article 351 sd Article 355 of the Criminal Code. For example, dangdut singer Murya Agung aka Dewi Persik, was found guilty of committing a minor offense against Julia Perez as charged with Article 351 paragraph (1) of the Criminal Code. In essence, the court ruling imposed the defendant Dewi Persik for 3 (three) months imprisonment and ordered the defendant to be detained. Apparently opponent play Dewi Persik, Julia Perez punished with the same punishment that is sentenced to prison for 3 (three) months in prison. From the above description, it is appropriate that the concept of restorative justice approach as an alternative to the settlement of criminal offenses is immediately applied in Indonesia as an effort to reform the law. This is because restorative justice is an approach that is more focused on the conditions of creating justice and balance between perpetrators of crime with the victim. The criminal justice-focused criminal justice mechanism and procedure is transformed into a process of dialogue and mediation to create an agreement on the settlement of a fairer and more balanced criminal case for both victims and perpetrators. Restorative justice has a meaning of restoring justice. In the criminal justice is currently known as restitution or compensation for victims, while restoration has a broader meaning. In this study tried to show that the criminal act of persecuting each other is equally harmful to the parties who litigation. Keywords : settlement of cases; restorative justice; and criminal act of persecution.

Alasan yang Meringankan Hukuman Terhadap Justice Collaborator Dalam Mengungkap Suatu Tindak Pidana Ocktresia. M. Sihite; Madiasa Ablisar; Mahmud Mulyadi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Background is setting about justice collaborator or a witness who cooperated in the proof of the law in Indonesia is a new thing, the term justice collaborator is known from the revolutionary efforts in the practice of criminal law enforcement, which owns the impact of the development mode of the crime in Indonesia. Its existence then get attention and then began to set in positive law. The research method used in this thesis is a normative legal research methods. Method of normative legal research is research which refers to the legal norms contained in legislation and judicial decisions. The conclusion of this thesis conception of justice collaborator in the justice system in Indonesia is a collaborator Justice can also be called as whistleblowers or whistle blowers who want to cooperate with law enforcement officials or partisipant whistleblower. Implementation of the system of criminal justice collaborator in Indonesia. Strengthening the instruments Whistle Blower and Justice Collaborator in the prevention and eradication of corruption is reinforced by Presidential Instruction No. 2 of 2014 on Action Prevention and Combating of Corruption of 2014, which mandates the Ministry / Agency, including the Ministry of Justice and Human Rights to at least provide a Standard Operating Procedure (SOP) which guarantees the protection and confidentiality. The reason that commute to justice collaborator in uncovering a crime that lack of support, especially the protection of the respect / appreciation sufficient for them, often not comparable with the importance of the information they disclose to law enforcement and the public interest. Keywords: justice collaborator, crime, actors, punishment

Keputusan yang Mempengaruhi Wajib Pajak Untuk Mengajukan Sengketa Perpajakan Ke Pengadilan Pajak Mayanti Mandasari Sitorus; Budiman Ginting; Sunarmi Sunarmi; Keizerina Devi
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The existence of Tax Court is stipulated in Law No. 14/2002 on Tax Court which has the authority to check and hand down a verdict on tax dispute. Tax which is stipulated legally has coercion because it contains administrative and criminal sanctions imposed on taxpayers who do not report to tax authorities each month. It seems that many taxpayers who avoid their responsibility which bring about dispute between tax authorities and taxpayers.Tax dispute in taxation is a dispute between tax payers or tax guarantor and tax authorities as the result of the verdict which can be appealed to Tax Court according to the Tax Law, including lawsuit on the implementation of billing according to law on tax billing with forced letter. The research used juridical normative referred to legal norms and principles in legal provisions and court’s verdict, This law emphasizes on secondary data by studying and legal principles related to the position of tax court and legal remedy in settling tax dispute.The settlement of tax dispute consists of two kinds: appeal done based on Notice on Objection and lodged lawsuit on another verdict, besides the other objections and the verdicts related to tax billing and some factors which influence taxpayers to file tax dispute to the Tax Court. Keywords: taxpayers, tax dispute, tax court

Prinsip Keterbukaan Beneficial Owner (BO) Perusahaan Terbuka Terhadap Upaya Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang (TPPU) Leonard Pandapotan Sinaga; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Beneficial owner is every party entitled to and/or receives certain benefits related to the customer's account, is the true owner of funds and / or securities placed on the financial service provider (ultimately own account), controlling customer transactions, providing power to conduct transactions, control corporations or other agreements (legal arrangements), and/or constitute the final controller of transactions made through legal entities or based on an agreement. In common law, ownership terminology is divided into two, namely legal ownership and factual ownership (beneficial ownership), someone who is legally as a legal owner but substantially the owner of the property is someone else because the property doesn't belong to them. Thus, a person who has legal assets is not necessarily the real owner of assets and the actual recipient of the income from the property (the beneficial owner of income). This research is a normative and analytical descriptive research that describes and analyzes the disclosure principle of a beneficial owner (BO) of an open company to prevent and eradicate money laundering crime (TPPU). The results of this study show that the disclosure of a beneficial owner of a public company through financial service providers in the capital market sector may prevent the possibility of being used as a place for perpetrators of money laundering, this is due to the application of the principle of recognizing customers and single investor identification in each transaction. The transparency of beneficial owner from an open company shareholding through the stock exchange to a fund, will narrow the space for the perpetrators of money laundering to hide, save large funds that are allegedly sourced from the proceeds of crime or illegal, so the beneficial owner openness principle could provide preventive measures to perpetrators of money laundering and facilitate law enforcement in eradicating money laundering. Keywords: beneficial owner, public company, money laundering

Pertanggungjawaban Pidana Mengenai Tanah yang Dikuasai Orang Lain Tanpa Hak Dalam Peraturan Perundang-Undangan Irene Putri Kartikasari Siregar; Syafruddin Kalo; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. For Indonesia, the land has a very close relationship yam and are eternal, so that the position of land for the Indonesian nation is a unified whole that cannot be separated from each other. There is a banontheuse of land without permission is entitled to attorneys, because there are still individuals or groups who control the land without permission are entitled to power. This led to the need to beassessed on the elements of the crime of possession of land without rights. Implementation of liability offenses charged to individuals or groups who control the land without right. This study is normative, descriptive and analytical explained as well as analyzing aphenomenon that a criminal offense and accountability of the land controlled by another person without rights.There sults showed, elements of the crime of possession of land without the rights stipulated in the legislation contained in Article 385 of the Criminal Code determines the prohibition for anyone to master, sell, lease, exchange or makes debtburden (mortgaged) land that is not right as guarantee. element "controlled or occupied" no element "used" or "mortgaged" (collateral), enough with the fulfillment of the element controlled or occupied that it meets the criminal elements of land tenure without rights. To be governed is also a subjective element not only individuals but must also in volveth elegal subject of a legal person or acorporation or institution under Article 385 of the Criminal Code and Article 2 inconjunction with Article 6 of the Law 51 Prpof 1960 did not set up alegal entity or acorporation as a legal subject, Though the subject of this law is potentially able to control the land without permission or illegally from entitled to the land. Keywords: crime,tenure and land

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