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All Journal Substantive Justice International Journal of Law Reswara: Jurnal Pengabdian Kepada Masyarakat Law_Jurnal SWARNA SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum International Asia Of Law and Money Laundering (IAML) Legalpreneur Journal Jurnal Sosial, Politik dan Budaya (SOSPOLBUD) JGEN : Jurnal Pengabdian Kepada Masyarakat SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Kusbianto, Kusbianto
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of the Decision of the Industrial Relations Court in the Dispute for Termination of Employment (Case Study No. 060 / Pdt.Sus-Phi/2023/Pn Mdn Juncto Verdict Number :1174k / Pdt.Sus-Phi/2023 ) Elina, Elina; Kusbianto, Kusbianto; Ruslan, Ruslan
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 3 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i3.102

Abstract

This study is motivated by the frequent cases of agreement disputes between companies and workers, especially in the case of termination of employment relationships for both permanent and contractual workers or commonly known as a specific time work agreement, which often ends up at the green table due to differences in understanding between employers and workers as well as differences in understanding of applicable laws and regulations.In addition, there are times when it is also caused by the inability of one party to fulfill its obligations which may be caused by conditions in which the company experiences losses or due to bankruptcy conditions. This paper aims to analyze the legal process that occurs in the case of termination of employment lawsuit ranging from the mediation level , the Medan state court to the Supreme Court of the Republic of Indonesia and find out the basic consideration of judges used in making decisions in accordance with the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023. This research is Notmatif legal research with normative juridical approach . The data source of this study comes from secondary data.Data collection tool is done with the study of literature (library research). Based on the results of the research conducted , we conclude that the process of termination of employment with bankruptcy conditions, the employer must pay a certain amount of money in accordance with PP 35 2021 Article 40 paragraph 2 , Paragraph 3 , and Article 43 paragraph 1.Analysis of judges ' consideration at the Cassation level according to the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023 is acceptable.
Tanggungjawab Sosial Dalam Tatakelola Perusahaan yang Baik Terhadap Masyarakat Desa Pangobusan, Kabupaten Toba Kusbianto, Kusbianto; Sitompul, Ariman; Sahputra, Rilawadi; Ruslan, Ruslan; Azmi, Syariful; Simamora, Melki Suhery; Nurhayati, Nurhayati; Satar, Abdul
SWARNA: Jurnal Pengabdian Kepada Masyarakat Vol. 3 No. 5 (2024): SWARNA: Jurnal Pengabdian Kepada Masyarakat, Mei 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/swarna.v3i5.1308

Abstract

Kegiatan pengabdian kepada masyarakat (PkM) merupakan salah satu implementasi keterlibatan perguruan tinggi dalam pembangunan masyarakat. Keterlibatan perguruan tinggi terhadap kegiatan kemasyarakatan adalah wujud aktualisasi darma pengabdian kepada masyarakat sebagai salah satu darma dalam pendidikan tinggi. Pada kegiatan pengabdian kepada masyarakat (PkM) di Desa Pangobusan, Kecamatan Parmaksian, Kabupaten Toba Sumatera Utara, Mahasiswa dan dosen melaksanakan Tanggungjawab Sosial Dalam Tatakelola Perusahaan Yang Baik Terhadap Masyarakat. Oleh karena itu, tim pengabdian kepada masyarakat (PkM) merancang kegiatan sosialisasi, pendampingan dan pemberdayaan kelompok masyarakat desa untuk meningkatkan pemahaman masyarakat dalam aspek hukum dan kemasyarakatan yang terkait dengan keberadaan PT. TPL (Tbk), tim pengabdian kepada masyarakat (PkM) juga menyasar sektor ekonomi, kesehatan dan pendidikan dengan memberikan pemahaman tentang pentingnya Tanggungjawab Sosial Dalam Tatakelola Perusahaan Yang Baik Terhadap Masyarakat. Semua kegiatan pengabdian kepada masyarakat (PkM) dimaksudkan untuk meningkatkan pemahaman masyarakat simbiosis mutualisme antara perusahaan dan masyarakat atau sebaliknya sehingga bisa membantu meningkatkan perekonomian, khususnya pada sektor pertanian yang menjadi sektor andalan masyarakat Desa Pangobusan, Kecamatan Parmaksian, Kabupaten Toba Sumatera Utara.
Legal Regulations for Children Involved in Narcotics Crimes in Indonesia Guntari, Suryani; Kusbianto, Kusbianto; Zuliah, Azmiati; Sitompul, Ariman
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 3 No. 3 (2024): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Juni 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v3i3.1301

Abstract

Norms that protect children as perpetrators or victims, especially narcotics, are basically complete, namely the application of Law No. 35 Of 2009 On Narcotics Against Children Involved In Narcotics Crimes After The Birth Of Law No. 11 of 2012 on Child Protection. Seeing the verdict against the child offender who should be given protection, on the other hand the child protection rules strongly emphasize that children should not be reduced let alone deprived of their independence. The research method uses empirical juridical approach, the data used is secondary data and primary data. The interviewees in this study consisted of interviews with judges, investigators, child lawyers, social workers from Child Protection institutions. The data analysis used is qualitative. The provisions stipulated in law No. 35 of 2009 this of course applies in general but if involved in narcotics crime is a child then it is mandatory to use the Child Act. Before the birth of Law No. 11 of 2012 on the juvenile criminal justice system, the law used in the event law is law No. 3 year 1997 namundalam practice when the procedural law is regulated in the Narcotics Crime Act then used by investigators is the Narcotics Act while the Act No. 3 of 1997 on Juvenile Court impressed only as a companion to the law.
Mechanism of Establishment of Joint Venture between PT. Pelindo With PT. Inalum Lubis, Arif Maulana; Sahputra, Rilawadi; Kusbianto, Kusbianto
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 3 No. 4 (2024): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v3i4.1416

Abstract

The purpose of this study was to determine the mechanism of formation of joint venture between PT Pelindo and PT Indonesia Asahan Alumunium (PT. Inalum), as well as the legal position of PT Prima Regional Development according to Presidential Regulation Number 81 of 2018 concerning the acceleration of the development and operation of the Kuala Tanjung Port and Industrial Estate in North Sumatra province. This research is included in descriptive research with normative juridical research using qualitative data analysis methods. Research methods used empirical juridical research methods, the results showed that PT Pelindo (Persero) must acquire shares owned by PT PMT in PT PPK by 10% so that at the time of joining PT Inalum to form a joint venture entity, the position of PT Pelindo (Persero) is a 100% shareholder of PT PPK. Later, if PT Inalum conducts capital participation, PT Inalum can buy part of PT PPK shares from PT Pelindo (Persero) so that the composition of PT PPK shareholders is PT Pelindo (Persero) and PT Inalum.
Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City Pramono, Rahman; Sahputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5128

Abstract

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.
Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021 Surnada, Surnada; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5029

Abstract

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.
The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police Sirait, Mangatur; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5031

Abstract

This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.
Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN. Purnomo, Sigit; Saputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5130

Abstract

Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court Number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 2). Reviewing legal considerations by judges in Supreme Court decision number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 3). Reviewing the legal settlement of disputes over the procurement of goods and services that are not in accordance with the agreement on the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342 / Pdt / 2021 / PT MDN. This type of research is normative legal research the data source of this research is secondary data, which includes: primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection using the study of literature and documents. Analysis of research data using normative analysis of research results obtained a conclusion that: 1). Form of tort and tort in the Procurement Agreement of goods and services with number: PJJ.04.04.01/05/07/2019/0104 about the procurement and installation of AC (Air Conditioner) at Garbarata Kualanamu Deli Serdang International Airport in the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342/Pdt/2021/PT MDN is the plaintiff/comparator/applicant for Cassation I / respondent to Cassation II (CV. Marendal Mas) is considered to have done what was promised, but it is too late and the defendant/compared/applicant Cassation II / respondent Cassation I (PT. Angkasa Pura II Kualanamu Airport Branch) did not immediately make payment for the work that the plaintiff/comparator plaintiff/comparator/Cassation applicant I/Cassation respondent did, as a result CV. Marendal Mas felt aggrieved because he could not pay the working capital of the bank and declared bad loans and collateral threatened with auction.
Business Dispute Settlement Employment Chartering Agreement In The Perspective Of Legal Certainty Saputra, Iqbal; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5030

Abstract

The background of the problems in this thesis research is a business dispute agreement chartering Pekerajaan with a peace decision between Antony Simon melaawan LAI MEE YEK that can be resolved through the mediation process. In conducting the mediation process in court with a peace decision (deed of Vandading) in the Medan District Court in accordance with the mediation implementation procedure as stipulated in PERMA No. 1 of 2016. The problems discussed in writing this thesis is how the legal regulations in the settlement of business disputes on the tort of default, how the settlement of cases of tort of default with the occurrence of peace (Dading) by the Medan District Court and how the settlement of business disputes chartering Pekeraja agreement with the Peace decision (deed Vandading) in Medan District Court. The research method used in the writing of this thesis is a type of normative-empirical legal research, by conducting doctoral research directly and using data collection tools in the form of interviews. Based on the results of research, the process of resolving default business disputes through a simple lawsuit based on perma number 4 of 2019 with a material lawsuit of at most Rp.500.000.000, - (five hundred million rupiah) in order to achieve legal certainty should be in the lawsuit the plaintiff appealed to the Chairman/panel of judges who examined and tried this case to put a temporary bail seizure (conservatoir beslagh) against the defendant's property both movable and immovable. In order to avoid greater financing and longer time in resolving this matter.
Accountability For Corruption Of Village Funds By The Head Of Paridanggaran Village Toba Samosir Regency (Study Verdict Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn) Panjaitan, Uli; Kusbianto, Kusbianto; Simamora, Melki Suhery
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6244

Abstract

Cases of abuse that occur in village fund management are carried out with various modus operandi such as drafting a budget above the market price and then paying based on other agreements, borrowing while the village fund by moving funds to a personal account and then not being returned. The formulation of the problem is how the village fund deviation by The Village Head of Paridanggaran, Toba Samosir regency, North Sumatra Province, how the accountability of perpetrators of village fund corruption in the decision of PN. Tipikor Number : 55 / Pid.Sus-TPK/2018 / FR.Mdn, how the basis of consideration of the judge handed down the verdict against the defendant in the decision of PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the deviation of village funds by the head of Pardinggaran Village related to village funds in 2016 Toba Samosir regency, North Sumatra province is the village fund budget that has been disbursed by the defendant Marhuarar Pangaribuan as the head of Pardinggaran village, but in carrying out activities using village funds not included other village officials, should be used to finance activities in accordance with the draft Paridanggaran village budget. Accountability perpetrators of corruption in the village Fund decision PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn is Marhuarar Pangaribuan sentenced to prison for 2 years 6 months and a fine of Rp.50.000.000, - (fifty million rupiah).
Co-Authors Abraham Abraham Abrar, Muhammad Aulia Adiputra, Adiputra Azmi, Syariful Elina, Elina Guntari, Suryani Lubis, Arif Maulana MELKI SUHERY SIMAMORA Miftahuddin Miftahuddin Nurhayati Nurhayati Panjaitan, Uli Pramono, Rahman Pranoto, Agus Rahmat, Tomy Aldista Ruslan Ruslan Safnul, Dody Sahputra, Rilawadi Saputra, Iqbal Saputra, Rilawadi Satar, Abdul Sigit Purnomo Sirait, Mangatur Sitompul, Ariman Suparman Suparman Surnada, Surnada Syafrizal, Dedek Wahyu, Ahmad Braja Yazid, Fadhil Yudha, Nano Eka Zuliah, Azmiati