PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

TINJAUAN HUKUM KEADAAN MEMAKSA(FORCE MAJEURE) DALAM PELAKSANAAN KONTRAK BISNIS PADA MASA PANDEMI COVID-19

The Legal Review of Force Majeure in the implementation of business contracts during the covid-19 pandemic objectives of knowing whether covid 19 pandemic defined by the government as a national disaster which can be classified as a force majeure in the implementation of business contract and to find out how to solve the law against default in the implementation of business contract during the covid 19 as a national disaster. The library research, namely the research conducted in the library where the data is obtained from available data by reading and studying books such as laws of regulation, Scientific works, dictionaries and so on. Based on the method used, the result of this study indicate that force majeure is relative, so the cases that occur must be studied first, because not all the parties get loss but some of them get profit, for the implementation of achievement can be done by considering great effort and sacrifice. Relative Force Majeure is exemption from lost and interest costs, but not for cancelation of agreement. A right solution to solve from dispute is by negotiating with the parties, because the covid 19 pandemic it’s self is a new event.

PERANAN MAHKAMAH AGUNG DALAM PENEGAKAN HUKUM DAN KEADILAN MELALUI KEKUASAAN KEHAKIMAN

Judicial power is an independent power to conduct justice and to uphold law and justice. One of the executors of the judicial power was carried out by the Supreme Court. The role of the Supreme Court as the executor of judicial power is urgently needed as a suppressor of any violation of the law, the last place is seeking truth and justice, and the guardian of citizen freedom from all forms of violations of Human Rights. This Research has a formulation of the problem what is the role of the Supreme Court in upholding law and justice and what are the driving factors and obstacles to the Supreme Court in carrying out its role throught the judicial authority. The purpose of this study is to know and understand the extent to which the independence and independence of the Supreme Court at this time, to understand the role of the Supreme Court in upholding law and justice, and to know the driving factors and obstacles of the Supreme Court in carrying out its role through judicial power. Based on the analysis carried out, it was concluded that the Supreme Court in carrying out its duties and functions has 2 (two) roles, that is as the the Supreme Court Judiciary that carries out the judicial function of making regulations to fill the vacancy in order to smooth the judicial process as a State High Institutions that carries out non-judicial functions, which includes providing legal considerations/advice to other State High Institutions.

PERTANGGUNGJAWABAN PIDANA KORPORASI YANG MELAKUKAN KORUPSI PENGADAAN BARANG DAN JASA

A corporate criminal accountability is a corporate obligation to receive a reply for his crimes. These crimes can be appealed to corporations based on theories about how they handle criminal crimes. The study is aimed at understanding the form of corporate criminal accountability under the law no. 31 in 1999, Jo law no. 20 in 2001 on the elimination of corruption crimes, and understanding the corporate criminal accountability of those who are in the corruption management of goods and service ruling no.1 / ppd. SUS/ppd. PST. This study is a normative-law study, with legal sources being primary and secondary legal materials, with regulatory and case approaches, and is then studied descriptively by using deductive and inductive methods to address the problem. Based on research the authors conducted on corporate criminal accountability that underlie the 51st/pd. SUS/tipikor /2018/ pk. JKT. In the first semester of 2008, bank Indonesia the central bank/bi decided to raise its key rate by 25 basis points to 8.25 percent in the second quarter of this year.

TINJAUAN YURIDIS HUBUNGAN PEMERINTAH PUSAT DAN DAERAH SAAT TERJADI WABAH VIRUS COVID-19 DALAM KARANTINA WILAYAH SESUAI DENGAN UNDANG-UNDANG NOMOR 6 TAHUN 2018 KEKARANTINAAN KESEHATAN

The determination of the status of the Covid-19 Pandemic by the World Health Organization based on the number of spread of the virus has increased significantly and sustainably globally, this has been responded by the Government of Indonesia by setting the status of the Covid-19 outbreak as a National Disaster on March 14 as stated in the Decree President Number 12 of 2020 concerning the Designation of Non-Natural Disaster for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. The principle of the unitary state emphasizes the highest power over all state affairs, namely the central government without a delegation or delegation of power to the regional government (local government). Based on the results of the research that has been done, it can be concluded that, considering that there are still problems with coordination, communication and synergy that were felt at the beginning of this pandemic, it is considered to be still lacking. The government should have responded quickly to the pandemic which in turn affected the entire handling process. However, it has been seen that the government is increasingly focused and realizes that coordination is important, one of which is reflected in the existence of a task force and a study of the status of various regions in Indonesia. This is done for the common interest of handling the Covid-19 health emergency.

PERAN UNIVERSITAS DALAM MENINGKATKAN PARTISIPASI PEMILIH MILENIAL PADA PEMILIHAN UMUM 2019

In 2019 for the first time held simultaneous elections. Voter turnout in this election includes millennials. Some of the millennials are at university. Therefore, it is necessary to know the role of universities in the 2019 general election. The research was conducted with statute approach, case approach, historical approach, comparative approach, and conceptual approach. From this research, it can be found that universities have sought to increase millennial voter participation in the 2019 general election by including material on elections in courses as well as conducting public lectures.

PENERAPAN RESTORATIVE JUSTICE DALAM PROSES PERKARA TINDAK PIDANA PENGERUSAKAN DIHUBUNGKAN DENGAN PERATURAN JAKSA AGUNG TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (Studi di Kejaksaan Negeri Pematangsiantar)

Settlement of criminal cases through restorative justice in stage two (2) or since the handing over of responsibility for suspects and evidence to the Public Prosecutor has been regulated in the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The legality of the application of restorative in Indonesia has been used in Law No. 11 of 2012 concerning the Juvenile Justice System (SSPA) and the Circular Letter of the Chief of Police No. 8 of 2018 concerning the Application of Restorative Justice before the start of the investigation sent to the Public Prosecutor. a law enforcement in a slow direction because law enforcement is carried out at various levels from the Police, Attorney General's Office, District Courts, High Courts and even to the Supreme Court. In the end it has an impact on the accumulation of cases that are not small in number in court. The purpose of this study is to find out the application and problems that occur in the application of restorative justice through efforts to stop prosecution in the process of resolving cases of criminal acts of vandalism associated with the Attorney General's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This research is normative-empirical juridical using a case approach and a statutory approach. Data collection techniques using primary data are field interviews at the Pematang Siantar District Attorney and library research to obtain secondary data. Referring to the principle of fast, simple and low cost justice, PERJA No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice has been accommodated, especially in cases of destruction by making peace between victims and suspects, and the peace process is carried out voluntarily, with deliberation and consensus, without pressure, coercion and intimidation. In this peace process the facilitator is the Public Prosecutor, this is because there is no interest and connection with the case, against the victim and the suspect. In the implementation of PERJA No. 15 of 2020, it turns out that there are many obstacles, including the lack of understanding among law enforcement regarding restorative justice, lack of infrastructure, and public misunderstanding.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.

IMPLEMENTASI DANA DESA SESUAI UNDANG-UNDANG NOMOR 6 TAHUN 2014 (STUDI KASUS DESA LOBUSIREGAR II KECAMATAN SIBORONG-BORONG KABUPATEN TAPANULI UTARA)

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical-emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.

TINJAUAN YURIDIS PELAKSANAAN PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP MAKANAN MIE INSTAN DALAM KEMASAN YANG TELAH KADALUWARSA

The Research is motivated to see how The development of economic sector trade produce various types of goods or variations of food. But in the circulation of food in Indonesian special its instants noodles is still a matter to be considered, where consumers are often harmed by violations committed by business actors by selling instants noodles that have expired. Global competition makes business actors justify any means to reap the benefits of one of them by distributing food expired so that they can reduce the number of losses. Writing method used in this journal writing empirical juridical method that essentially examines the law in its application in public life. The hallmark of empirical juridical research is a study that goes from the das sollen gap (theory)to the das sein (practice or reality). The result of this research is Legal protection for consumers related to the circulation of instant noodles expired in Denpasar is worth noting where many consumers not only inDenpasar city feel the loss due to food or beverage expired. With the existence of Law No. 8 of 1999 on Consumer Protection, the guaranteed consumers who feel aggrieved and the Food and Drug Supervisory Agency in his duties only become a medium in coaching for business actors or producers who sell goods or foods that are expired, while in cracking down in the implementation of public health Office. Not only provide guidance, drug and food regulatory agencies can provide recommendations for follw-up by the health service, as well as the consumer community should be more careful in buying food and if they find naughty business actors in terms of selling expired foods can report to the agency drug and food superintendent.