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Perbedaan Pandangan Hakim Dalam Penetapan Tersangka Sebelum dan Sesudah Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014 Afrizal Chair Nawar; Syafruddin Kalo; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In practice, the use of pretrial mechanisms is often not optimal, which can be seen from the lack of use of this mechanism in criminal proceedings. In fact, pretrial is the right of all suspects/defendants when their civil liberties are confiscated, besides that there are differences in the Supreme Court's attitude towards the determination of suspects through pretrial processes in a number of decisions, making the new legal problem now, therefore a legal study is needed to discuss differences attitude towards these pretrial decisions. The problems raised in this study, namely how is the legal regulation of the determination of suspects through pretrial decisions according to criminal procedural law, legal arguments for differences in attitudes of the Supreme Court regarding the determination of suspects before and after the Constitutional Court Decision Number 21/PUU-XII/2014, and differences the views of judges in pretrial regarding the determination of suspects after the birth of the Constitutional Court Decision Number 21/PUU-XII/2014. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis. Keywords: pretrial, determination of suspects, judges.

Perlindungan Hukum Pemegang Hak Merek Terkenal Terhadap Penjualan Barang Palsu Merek Soffell Lotion : Studi Putusan Mahkamah Agung Nomor: 503 K/PID.SUS/2016 Agung Firmansyah; OK Saidin; Tengku Keizerina Devi; Jelly Leviza
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Brand is part of the form of intellectual work, in the trade of goods /services, the brand is the identity of a company that has an important role for the smooth and increased trade in goods / services. In a trade, there is a competition, where greater trade competition can encourage other people to trade by falsifying goods on a brand, especially a well-known brand that results in losses for the brand owner. Lack of supervision and enforcement of counterfeiting of brands in Indonesia has resulted in a lot of circulation of counterfeit goods. Therefore, the government is expected to be more assertive in overseeing the circulation of counterfeit goods, especially the Soffell Lotion brand, and to take firm action against counterfeiters who do not have good intentions, so that justice is created in the middle of society. This type of research is normative legal research, where the approach towards the problem is carried out by reviewing the applicable laws and regulations according the agreements and other legal materials . The nature of this research is descriptive analyst because this research will reveal the facts and analyze the legal phenomena that exist nowadays. This research analysis uses the deductive method to draw conclusions from the general to the specific. That is the way of thinking in general conclusions based on specific facts. Legal protection against a well-known brand needs to be done, because an act done intentionally and without rights by using the same brand in its entirety with another party's registered brand for similar goods or services that are produced and / or traded is a trademark violation. In national law, the protection of a well-known brand is regulated in Article 21 paragraph (1) of the Brand Law and Geographical indications, and the protection of a well-known mark according to international law can be seen from the Paris Convention and TRIPS Agreement which requires that member countries to protect a well-known Brands. In determining the fame of a brand, it can be seen in Article 21 paragraph (1) letter b of Law Number 20 Year 2016 concerning Brand and Geographical Indications, which is based on the general public's knowledge, promotion and marketing on a large scale, as well as Investments in several countries in the world which is carried out by the owner and accompanied by proof of registration of the brand in several countries. Keywords: counterfeiting, protection, famous brand

Tinjauan Yuridis Terhadap Keterbukaan Pemilik Manfaat Dalam Perseroan Terbatas Berdasarkan Peraturan Presiden Nomor 13 Tahun 2018 Amanda Serena; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abtract. A beneficial owner is an individual who can be said to be a beneficial owner if he/she has income and / or profits due to the ownership of shareholding, capital, initial assets, sources of funding, or other rights that may result in profits from a limited liability company.Individuals who do not have assets in a corporation can also be categorized as a beneficial owner if they have unlimited authority related to the appointment of administratorin a limited liability company management and the control of limited liability company, or are the true owners of the funds for the limited liability company ownership.Furthermore, the existence of beneficial ownership in a limited liability company must be reported to the government.This is done by providing information about beneficial ownership which is certainly can not be separated from the disclosure principles. The limited liability company is often used by villains to hide and obscure the criminal proceeds of crime, money laundering and financing of terrorism through capital participation in the limited liability company by using nominee and becoming beneficial owner.The Government through Presidential Regulation No. 13/ 2018 obliges the beneficial owner of the company (beneficial ownership) to disclose their identity clearly and transparently.This is an effort to supervise and prevent irregularities of the company owner. Furthermore, supervision of disclosure of the limited liability company is carried out by an authorized institution based on the results of the criminal risk assessment of money laundering and terrorism financing. Therefore, the limited liability company that does not specify a beneficial owner and does not submit true information about the beneficial owner in a limited liability company for the authorized institution will be sanctioned in accordance with Presidential Regulation No. 13/ 2018 and with various cross-sectoral regulations related to the limited liability company. Keywords: disclosure, beneficial owner, limited liability company

Analisis Hukum Terhadap Kewenangan Otoritas Jasa Keuangan Dan Kementerian Koperasi dan Usaha Kecil dan Menengah Dalam Pengawasan Lembaga Keuangan Mikro Berbentuk Koperasi Diah Ayu Oktriningsih; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Indonesian’s economic development are keep growing and it made various regulatory agencies which have authorization to supervise a financial institution. Financial Services Authority (Otoritas Jasa Keuangan as known as OJK) exist as the institution which have the authority to regulate, supervise, and investigate a financial institution. The main issue for this research is about the authority of OJK in supervising Micro Financial Institution (Lembaga Keuangan Mikro as known as LKM) of Cooperation, meanwhile cooperation legal entity scouted and supervised by Ministry of Cooperation and Small and Medium Enterprises. This research is normative legal research through library research and field research and also through study of document as the data collection technique. The Data analysis is by using qualitative method of analysis. The data used in this research is secondary data source with primary legal material, they are: Law number 25 of 1992 about Regulation of Cooperation, Law number 21 of 2011 about Financial Service Authority, and Law number 1 of 2013 about Micro Financial Institution. The result of the research can be known that OJK under the Law number 21 of 2011 about Financial Service Authority has the functions, duties, and authority of arrangement, supervision, inspection, and investigation of financial institution. OJK supervising LKM of Cooperation based on attribution authority and as Lex specialist based on Law number 1 of 2013 about Micro Financial Institution and on the implementation referred to Regulation of Financial Services Authority number 14/POJK.05/2014 about The Development and Supervision of Micro Financial Institution. Ministry of Cooperation and Small and Medium Enterprises is not supervising LKM of Cooperation and only carrying the affirmation of Cooperation itself as the legal entity. Business activities of LKM are fully the authority of OJK in granting business license, coaching, supervising, and inspection and financial investigation. The authority of OJK in supervising LKM of Cooperation is not against Law number 25 of 1992 about Regulation of Cooperation and Ministry of Cooperation and Small and Medium Enterprises Regulation number 17/Per/M.KUKM/IX/2015 about Supervising Cooperation and or with other legislation about Cooperation. Keywords: OJK, Financial Services Authority, Small and Medium Enterprises, Micro Financial Institution,

Analisis Penerapan Peraturan Presiden Nomor 75 Tahun 2015 Tentang Rencana Aksi Nasional Hak Asasi Manusia Dalam Kebijakan Hukum Pemerintah Daerah Provinsi Sumatera Utara Edo Maranata Tambunan; Faisal Akbar Nasution; Mirza Nasution; Jelly Leviza
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The demand for awareness of the protection, respect, enforcement, fulfillment and promotion of human rights is the commitment and responsibility of the state. This form of ethical awareness is manifested and normalized in the form of Presidential Regulation Number 75 of 2015 concerning the National Action Plan for Human Rights as an elaboration of the Vienna Declaration and Program of Action June 25, 1993. This study uses a normative juridical method that is descriptive analytical. While the National Action Plan on Human Rights of the province of North Sumatera is regulated and recommended based on the Minister of Home Affairs Circular Letter No. 180/1319/SJ, which was previously regulated and must be determined based on Presidential Instruction; On the other than funding for the application of National Action Plan for Human Rights in the Regional Government of the province of North Sumatera in the 2015-2019 period is still experiencing budget limitations. So it needs to be recommended to increase the commitment of both central and regional governments by forming legal policies on a human rights perspective and improving and reinforcing the position and governance of the Presidential Instruction as well as the Minister of Circular Letter which is used as a reference or implementing regulation policy rather than Presidential Regulation Number 75 of 2015 concerning National Action Plan on Human Rights as a reference and reporting procedure for regional human rights actions that have been established. Then, the implementation of National Action Plan on Human Rights in the Regional Government of the province of North Sumatera needs to be addressed with a synergy of more rational and adequate budget coverage, as well as establishing harmonious relations between the province of North Sumatera Government's Human Rights Action Team, especially between the Regional Head and the Regional Representative Council in encouraging understanding for protection and the promotion of human rights through a comprehensive and accountable regional budgeting process. Keywords : human rights, national action plan on human rights, legislation.

Aspek Hukum Perjanjian Kerja Dengan Kontrak Baku Antara Perusahaan Dengan Pekerja Dalam Perusahaan Satu grup : Analisis Putusan Pengadilan Negeri Medan No.132/Pdt.Sus-PHI/2016/PN.Mdn Franz Mika Widardo Harahap; Budiman Ginting; Agusmidah Agusmidah; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In group company, there is often a transfer of work agreements to employees from one company to another in a group of companies. Where the transfer of work agreements is made in a work agreement with a standard contract. The legal vacuum that regulates group companies opens a legal loophole that can harm other parties in general and specialy the workers who transfered to another company within the group's companies. This certainly can eliminate the rights of employee in particular the reduction in working period because they transfered to a different company.. This study was used to analyze the Decision of the Medan District Court No.132 / Pdt.Sus-PHI / 2016 / PN.Mdn, dated November 16, 2016 with literature support, and elaborating legislation.Legal protection has been given by the panel of judges who handle cases to employee who had the termination of employment. By declaring null and void the work agreement of a certain time of the employee and automatically making the status of permanent for employees. The panel of judges also canceled the employee's resignation letter because it was proven not because of the will of the employee but because of coercion from the company and it was proven that the employee had worked for 3 (three) years and 3 (three) months worked continuously in the same company, it was termination of employment relationship and has the right to receive severance pay and length of service awards. Keywords: work agreements, standard contracts and group companies

Urgensi Penambahan Kewenangan Profesi Pengamanan Polri Terhadap Penanganan Personil Polri Sebagai Pelaku Tindak Pidana Iman Azahari Ginting; Syafruddin Kalo; Muhammad Hamdan; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Divpropam was given the authority to deal with the issue of police members who commit criminal acts, if the case is already in question. The Divpropam handlers against the police who commit the crime are limited to the initial examination in accordance with article 5 letter (d) Item (2) Regulation of the Head of the Republic of Indonesia No. 14 Year 2011 concerning profession Ethics Code Indonesian national Police. The research methods used in this research are descriptive analytical, data analysis used in the legal materials in this research will be conducted in a qualitative and comprehensive analytical to primary data and Secondary, this type of research is normative legal research, the collection of data used in this research is covering the literature research (Library Research). In addition to completing secondary data, it is also supported with primary data. Enforcement arrangements against police members who commit a discipline offence are governed by the Government regulation No. 2 year 2003 on disciplinary regulations for police members. Enforcement arrangements against police members who commit violations of the code are set in Law No. 2 of 2002 about the National Police of the Republic of Indonesia which mandated the setting of the Indonesian National Police Profession Code of ethics . The setting of enforcement of police members who commit criminal acts is governed by the legislation in which the police members commit criminal acts. The report or complaint can be done through the function of Reserse and the traffic to handle and examine the alleged police members who have committed a criminal offence, in which case the propam can handle the process after having a permanent law or Through a court ruling. Special code of conduct violations that have to do with criminal acts then for him will be processed in advance in the trial because a police member is heard in the commission of the Code after the Criminal act He did get a permanent law is stipulated in the Perkap No. 14 year 2011 about the profession of the National Code of Ethics and Perkap No. 19 year 2012 on the organizational arrangement and governance of the Police Code of Ethics Commission of the Republic of Indonesia. Institutional technical for police members. Propam can only perform the next process when the criminal case committed by the police members has been completed the legal and permanent law (fixed legal force) in order to conduct the process of checking the police profession code of ethics in accordance by Perkap No. 14 year 2011 about the code of ethics of the Indonesian professional police and Perkap No. 19 year 2012 on the organizational structure and governance of the National Police Code of Ethics Commission of the Republic of Indonesia. Keywords: additional authority, PROPAM, criminal offence

Pertanggungjawaban Pidana Bagi Pelaku Penyalahgunaan Airsoft Gun: Studi Putusan Pengadilan Negeri Simalungun Panji Nugraha; Madiasa Ablisar; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abtracts. Airsoft gun that in principle is used with a positive purpose, but in reality there are only among the people who abuse sports firearms is not as it should be. This misuse can certainly be detrimental to others because if this type of airsoft gun is not used in accordance with applicable procedures, it can be functionally used as a dangerous firearm and can injure the target and even threaten the life of the person being the target of the shot. Along with the complexity of economic problems that continue to squeeze most of the community lately, crime rates are also growing more and more rampant from day to day, often even perpetrators of crimes have used firearms in every crime, and some of these criminals use airsoft guns as a tool to threaten victims. The issues raised in this study, namely how the legal regulation of criminal acts of misuse of airsoft gun in the environment of civil society, the consideration of judges in the simalungun district court ruling that equates airsoft guns with firearms and criminal liability for perpetrators of misuse of airsoft gun misuse in court decisions simalungun country. To find answers to these problems, this research uses descriptive analytical normative legal research, in which normative legal research uses secondary data as the main data using data collection techniques carried out by library research, and data analysis uses qualitative data analysis methods. Keywords: crime, misuse, airsoft gun.

Tinjauan Yuridis Pertanggungjawaban Pidana Korupsi Pengadaan Alat Kesehatan Rsud Sidikalang : Studi Putusan Pengadilan Negeri Medan No. 61/Pid.Sus-Tpk/2016/PN-Mdn Rendra Alfonso Sitorus; Syafruddin Kalo; Mahmul Siregar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract.Bank Indonesia states that there are 3 (three) problems inhibiting the economic growth in Indonesia. Firstly, Indonesia lags behind in infrastructure; secondly, there is inefficiency in bureaucracy; and thirdly, corruption. Highest priority has been put on corruption to be overcome by Indonesians. Since the corruption in Indonesia has been systematical and widespread, not only does it financially harm the financial condition of the country, but it also extensively violates people’s social and economic rights. The practice of corruption may take place anywhere, such as in the public institutions, private institutes, and in daily life. KPK (the Corruption Eradication Committee) has recorded that the country has endured financial loss more than IDR 1 trillion due to corruptions in good and serviceprocurement. One of the regencies that procures goods and service is Dairi Regency i.e. the medical equipment procurement in Sidikalang Hospital, Dairi, pursuant to the Ruling of Medan District Court with Case No.61/Pid.Sus-TPK/2016/PN.Mdn pronounced to have financially harmed the country for IDR 551,357,374.- The results of the research demonstrate that the legal regulations on procurement of goods and service in Indonesia are divided into 3 (three) large parts, namely: (a) the Period of the Presidential Decree Number 80/2003 and its amendments, (b) the Period of Presidential Regulations Number 54/2010 and its amendments, and (c) the Period of Presidential Regulations Number 16//2018. The Legal status and authority of related parties in the Procurement of the Medical Equipment in Sidikalang Hospital is that the Director of Sidikalang Hospital as the Budget User is authorized to use the budget. NM as the Commitment Making Officer is liable for the execution of the procurement of goods/service. The legal consideration in the criminal act of corruption in the procurement of the medical equipment in Sidikalang Hospital based on the Ruling of Medan District Court Number 61/Pid.Sus-TPK/2016/PN.Mdn is that the decision is made after firstly distinguishing the element of “against the law” in article 2 paragraph (1) of Law on Acting Technical Implementation Officer from the element of “power abuse” in article 3 of Law on Acting Technical Implementation Officer. However, in the judge’s consideration, the qualificationof the defendant is not specified and accurate, so that it is difficult to accept the logic of the sentence. On the other hand, the panel of Judges has failed to present the defendant’s role which raises a question; whether the sentence is worth the faults and the defendant’s role in a quo case even though the judge pronounces lighter sentence than the prosecutors’ demands. Keywords: criminal act of corruption, government’s good/service procurement, penal liabilities

Analisis Yuridis Penjatuhan Pidana Terhadap Pejabat Negara Yang Melakukan Tindak Pidana Korupsi Terkait Penyalahgunaan Kewenangan : Studi Putusan Pengadilan Negeri Medan Nomor : 12/Pid.Sus-Tpk/2018/PN.Mdn Rizki Syahbana Amin Harahap; Syafruddin Kalo; Madiasa Ablisar; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Corruption is a tremendous crime (extra ordinary crime). Corruption crimes propagated into the regency of coal in the projects of 2016 and the year 2017, in this case the awarding of gifts to the coal regent and Head of the Department of Public Works and spatial Arrangement (PUPR), has received a prize Or the promise of coal regent of Rp. 8,055,000,000.00 and head of the PUPR service amount of Rp. 80,000,000.00. Analyzed the state of incrimination and relieve the state of criminal proceedings against the government officials and the consideration of the law of the state court against the officials who conduct corruption in Court verdict Number: 12/Pid. Sus-TPK/2018/PN.Mdn. Misuse of authority made by state officials is governed by LAW No. 30 of 2014 on government administration, misuse of authority occurs because of non-negligence or omission. The incriminating circumstances and the alleviating circumstances in the ruling on which the tribunal judges do must conform to the characteristics: 1). The form of nature, atmosphere or situation, 2) the formulation is found outside of its own action, 3) describes The seriousness of the act or the degree of the state officials who commit a corruption criminal. Court ruling No. 12/Pid. Sus-TPK/2018/Pn. MDN is deemed to have not been precise in conducting criminal proceedings, as legal considerations at the coal regent and the head of the PUPR office have a state of incrimination, deeds Defendant proved legitimately and assured the elements of 12 letters (a) UU No. 20 Year 2011 about the amendment of LAW No. 31 of 1999 on corruption criminal eradication, element of article 55 paragraph (1) of the criminal CODE, and the element of article 65 paragraph (1) of the criminal CODE in accordance with what By the public prosecutor. Keywords: abuse of authority, corruption crimetative analysis method.

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Sumatera utara

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