Penerapan Norma Hukum Perdagangan Anak dalam Putusan Pengadilan Negeri Medan

Children are very vulnerable to be traded. Human trafficking in children is done in organized and non-organized crime, either domestically or Internationally. They become absent of freedom and it is not uncommon that they are treated unjustly; they are even enslaved! Therefore, it is necessary to study the regulations on child trafficking, viewed from child protection in the implementation of Law No. 23/2002 on Child Protection and about judge's attitude in handing down a verdict on the case of child trafficking in the Medan District Court

Analisis Yuridis Pemberian Kredit oleh Koperasi terhadap Pengusaha Kecil dan Menengah Berdasarkan UU No.17 Tahun 2012 Tentang Perkoperasian (Studi pada Koperasi Kredit Union Sejahtera Tebing Tinggi)

Cooperatives as people's economic movement give their contribution to small and middle businesses in increasing the welfare, especially for their members. A cooperative is both the guidance for people's economic policy and a part of national economic order. How is the regulation of giving credit to small and middle businesses according to Law No. 17/2012 on Cooperatives? How is the implementation of giving credit to small and middle businesses at Koperasi Kredit CU Sejahtera, Tebing Tinggi? Are there any obstacles and how to solve them? The regulation of giving credit in Law No. 17/2012 on Cooperatives should be in savings and loan. In this case, the credit at Koperasi Kredit CU Sejahtera, Tebing Tinggi is given only to its registered members. The main obstacle is the incapability of its members to pay off the credit. It is recommended that the cooperative adapt its statutes to Law No. 17/2012 on Cooperatives by amending USP to KSP, giving credit should be based on the capability and compatibility, and special advisors who give sanction to fraudulent field workers should be supported. Kata Kunci : Savings and Loan Cooperative, Small and Middle Businesses, Kopdit CU Sejahtera Tebing Tingg

Prinsip Tanggungjawab Produk (Product Liability) Atas Penarikan Kendaraan Bermasalah oleh Pelaku USAha Ditinjau dari Undang-undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

Getting proper life and legal protection is right for every citizens, especially consumers. The same is true to product recall; legal protection for consumers is highly needed since there is the liability of a business person of his product. The problems of the research were as follows; how about product liability in the law on consumers and legal protection for consumers could be effective on product recall by a business person, the provision of product recall performed by foreign automotive companies which product marketing was done in domestic market, and the liability of a business person regarding product recall done by him

Perlindungan Hukum Terhadap Whistleblower Dan Justice Collaborator Dalam Upaya Pemberantasan Tindak Pidana Korupsi

The development of the modus of corruption criminal act in Indonesia today has indicated a wide scale and become more sophisticated so that it is very difficult to prove it. One of the methods to uncover this organized crime of corruption is by using the role of whistleblowers that can help uncover the modus of corruption criminal act more easily. Unfortunately, whistleblowers and justice collaborators in corruption case in Indonesia have not received maximal legal protection; in consequence, people who want to expose the crime and who have the right to gain reward will go to prison instead. In Indonesia, judicial normatively, based on Law No.13/2006, whistleblowers and justice collaborators have not yet received maximal legal protection. The same is true for SEMA No.4/2011; whistleblowers and justice collaborators only received leniency of a sentence. The ideal legal protection is by giving reward, treatment, and protection from all charges as the compensation for what a whistleblower has exposed, whether he is one of the perpetrators or not

Asas Itikad Baik dalam Perjanjian Pendahuluan (Voor Overeenkomst) pada Perjanjian Pengikatan Jual Beli Rumah (Studi Putusan Pengadilan Negeri Simalungun No 37/pdt/plw/2012/sim)

PPJB (purchase contract) on housing is a preliminary agreement (voor overeenkomst) between a seller and a potential buyer as it is stipulated in Article 42, paragraph 1 of Law No. 1/2011 on Housing and Residence and in Kemenpera (the Decree of the Minister of Low-Cost Housing) No. 9/1995 which become the basis for PPJB as the preliminary agreement. Even though PPJB is consensual, it is made by paying attention to good faith principle as it is stipulated in Article 1338, paragraph 3 of the Civil Code. The party with good faith is given legal protection as it is stipulated in the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 251k/sip/1958. Therefore, this thesis attempted to analyze the legal consequence of PPJB made by PT Surya C in the perspectives of good faith and legal protection for potential buyers who had good faith

Perlindungan Hukum terhadap Debitur (Pelaksana Pekerjaan) dalam Pelaksanaan Perjanjian Upah Borong (Partisipatif) dalam Proyek Swakelola di Lingkungan Pekerjaan Umum Kabupaten Deli Serdang

Government procurement of goods and service is a very essential part in the process of implementing the development. Without adequate equipment and infrastructure, the implementation of government's work will be disturbed and it will not achieve the maximum results. In order to achieve such results, comprehensible legal regulations are required, especially regarding rights and obligations of parties that execute the work. It is closely related to the agreement made in the implementation of contracted works as stipulated in Article 1601 b of the Civil Code. According to the agreement, the work results can be accounted for in terms of its physic, finance, and usefulness for the uninterrupted flow of government work and service. The thesis discusses some problems, namely how the protection for debtor (work executor) is in the agreement to the contracted work wages (participating) in self management project at the public works of Deli Serdang Regency and how the protection for debtor (work executor) is in the implementation of the agreement to the contracted work wages (participating) in the self management project at the public works of Deli Serdang Regency. The thesis uses analytical prescriptive judicial normative research method. It used the theory of Legal Protection. The data were gathered by using primary, secondary, and tertiary legal materials, supported by approach methods, namely statute approach, conceptual approach and case approach. The gathered data were analyzed qualityatively. The results showed that: First, in the agreement to the contracted work wages between the debtor (private party/contractor) and the creditor (government /employer), the debtor had weaker position compared to the creditor. The debtor is vulnerable to endure loss that was uncertainly paid by the creditor. Secondly, the agreement to the contracted work wages did not reflect balance principle in which the debtor bear their own obligations, for which in this research the debtor took legal action to obtain legal protection, so that the agreement world reflect the balance principle

Pertanggungjawaban Perusahaan Induk terhadap Perusahaan Anak dalam Hal Terjadinya Pencemaran Dan/atau Kerusakan Lingkungan Hidup

Group corporation as one of the effects of the fast growing economy, in the activities can also play a role in terms of pollution and/or environmental damage done by one or several subsidiaries. In this regard, the parent corporation may be subject to liability in certain cases where there is contamination and/or damage to the environment done by the subsidiary. Based on the results of research, it can be seen that the legal relationship between the parent corporation to the subsidiaries is the employment relationship or other relationship within the scope of work of the enterprise. The parent corporation may be subject to civil liability for pollution and/or environmental damage done by the subsidiary if the parent corporation controls the subsidiaries proven to perform actions within the scope of application of piercing the corporate veil. In addition, the parent corporation may also incur criminal liability if it is proved the parent corporation were also committing a crime of pollution and/or environmental damage done by the subsidiary. Based on this research, it is advisable to make a special provision of group companies in Limited Company Act. In addition, it should be prioritizing the use of criminal law in a law enforcement environment that affects the survival of human beings, as well as the need to increase the moral of businessmen for committing violations of environmental laws

Kekuatan Eksekusi Hak Tanggungan Sebagai Jaminan Pengembalian Utang Pembiayaan Bermasalah Pada Praktik PT. Bank Muamalat Indonesia, Tbk Cabang Medan

The spirit of the birth of the Mortgage Act was a solution for the banking sector in terms of having control collateral that debtor financing problems as a source returns. After doing research on practice in PT Bank Muamalat Indonesia, Tbk which carry out executions Mortgage as a loan repayment guarantees for customers financing problems and the results are not significantly the maximum. Parate execution and real implementation of execution has its own weaknesses and loopholes. Parate execution as UUHT has advantages in terms of legal loopholes guarantee control assets that are still occupied because mandatory evacuation filed suit to state court of domicile, in addition to the implementation of parate execution may also lead to a lawsuit or opposition from its own customers with reasons to be implemented through the courts. While the implementation of the execution of real legal certainly for directly by the district court through the command chair of the district court, but the process will take a long time because it must go through several stages of the process execution like Aanmaning, Determination confiscation execution, Execution of confiscation execution, Determination and the auction process. It's make obstacles for the Bank's business turnover in healthy NPF (Non Productive Financing), this is a problem for the Bank in disbursing financing to the community