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Pendastaren Tarigan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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EFEKTIVITAS TERHADAP PENGUTIPAN PAJAK PARKIR DALAM HUBUNGANNYA DENGAN PENINGKATAN PENDAPATAN DAERAH DI KOTA MEDAN MENURUT PERDA KOTA MEDAN NO. 10 TAHUN 2011 Fitri Handryani; Muhammad Abduh; Faisal Akbar Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT In collecting the parking tax in Medan particularly always contribute to local administration income of Medan, and in field it shall depend on how effectiveness to collect it. This study is aimed to deal with the matters regarding the methods, effectiveness and the barriers found in collecting the parking tax and how its contribution to improve more city income of Medan administration. The result of this research that through the planning stages (data collection), execution (deposit) and supervision, which also embraced self assessment system. Furthermore, local income tax is less effective than the parking sector because the number of parking tax-acquired very rarely reach the target. Bottleneck that occurs in sources of income is the presence of a target area that has been designated parking tax is not comparable to the true potential, the presence of an imbalance between the actual potential possessed by the parking tax revenue and local revenue realization that has been done, so the government is making efforts to regulations areas in which sanctions with the aim of supervision.   Keywords : Parking tax, City Administration income.
ANALISIS HUKUM PERATURAN PENERIMAAN PEGAWAI NEGERI SIPIL DI DAERAH MENURUT UNDANG-UNDANG NO. 43 TAHUN 1999 TENTANG POKOK-POKOK KEPEGAWAIAN (STUDI PENERIMAAN PNS DI PEMKO MEDAN) Andi Nova Bukit; Budiman Ginting; Pendastaren Tarigan; Faisal Akbar Nasution
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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Abstract Good governance principle should be a guidance for the government of Medan city in executing candidates for civil servant recruitment. In this research, there are several issues formulation to be discussed namely procedures of acceptance candidates for Civil Servants, procedure of acceptance candidates for Civil Servants in government of Medan city based on the principle of transparency and accountability, and acceptance of Civil Servants in creating good governance in government of Medan city. Procedure of acceptance candidates for Civil Servants in government of Medan city is performed by proposal of mayor, and objectively conducted in collaboration with universities conducted by the Civil Service Agency  and witnessed by the police and the inspectorate of Medan City. Procedure of acceptance candidates for Civil Servant in government of Medan city not been fully carried out the principle of transparency and accountability. Recruitment of civil servants in creating good governance is implemented in accordance with mechanism to be in force in the legislation and the government also sought to implement bureaucratic reforms to create clean governance and authoritative or known more as good governance ( good governance ) as inseparable part of the overall agenda of the government. Key word: Recruitment of Civil Servant
PENERAPAN PERIZINAN TERPADU DALAM PENERBITAN IZIN LINGKUNGAN DI PROVINSI SUMATERA UTARA (Studi: Izin Lingkungan PT. Arah Environmental) Radinal Panggabean; Suhaidi Suhaidi; Syamsul Arifin; Pendastaren Tarigan
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Environmental protection and management need an integrated system to be developed. This system is a national policy in environmental protection and management which has to be done consistently and consequently from the central government to local government in permits. North Sumatera Provincial Administration has the Integrated Permit Service Board which one of its authorities is issuing environment permit as the requirement to get business/activity license which is regulated based on the prevailing rules. PT. Arah Environmental is a company which operates in the field of hospital medical waste gathering. Before it gets its business license, it has to complete environment permit first. The latter is issued, based on environmental feasibility and recommendation from UKL-UPL which is used as the instrument for planning preventive action against environmental pollution and damage which has possibly been caused by business/activity. It could be concluded that coordination among regional government agencies was needed. Even though integrated permit is considered a good system, it does not guarantee its implementation of forestalling environmental pollution and damage as the result of business or activity implementation.   Keywords:      Integrated Permits, Integrated Permit Service Board, Environment Permit
TANGGUNG JAWAB KUASA PENGGUNA ANGGARAN TERHADAP KEUANGAN NEGARA DALAM PROSES PENGADAAN BARANG/ JASA PEMERINTAH ( STUDI KASUS PENGADAAN ALAT KESEHATAN DI RSU dr. FL. TOBING SIBOLGA Dearma Sinaga; Pendastaren Tarigan; Faisal Akbar Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The goods / services within the government are composed of organizations in the implementation of the Budget User / Authorized Budget, Commitment Officer, Procurement Committee, Managing Committee of Goods, which has the authority duties and responsibilities based positions - each, which is stipulated in President Number 54 Year 2010, the Budget Authority has the duty and authority by delegation of authority from the Budget Users, clearer about the delegation of authority to the Budget Users Budget Authority in Rule Number 1 Head LKPP 2012. Irregularities in the procurement of goods / services can government sanctioned, can be administrative sanctions, penalties and damages State sanction criminal penalties. Keywords:    Responsibility, Budget Authority, the State Treasury, Procurement of Goods / Services
ANALISIS YURIDIS PERMOHONAN IZIN PENYELENGGARAAN RADIO PADA FREKUENSI 99,5 MEGAHERTZ (PERKARA TATA USAHA NEGARA NOMOR 86/G/2010/PTUN-MEDAN) Tri Kurniawan; Pendastaren Tarigan; Suhaidi Suhaidi; Faisal Akbar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Radio is a means of communication that does not use cable as its medium, but uses electromagnetic waves to transmit voice. The use of radio frequency spectrum in the manner intended, and should not interfere with each other as the nature of the radio frequency spectrum can propagate in any direction without knowing the limits of the country, therefore, its use should require a permit from the Government. Concluded, first, setting the organization of broadcasting about granting permission to use the radio frequency spectrum in Indonesia are required for every person who, either legal entities of government, private and foreign in Indonesia, radio broadcasting must obtain permission from the Government through the MCIT.  Secondly, the principles of good governance Government associated with broadcasting license application filed by PT. RPLN are not implemented optimally and wisely, especially the Minister of Communication and Head of the Institute of Radio Frequency Spectrum Monitor Class II Medan. Third, the basic consideration of the judge's decision to cancel the Minister of Communication on radio broadcasting license application filed by PT. RPLN legally well-founded based on a consideration of the principles or the principles of good governance and has in the law normative.
PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PROSES PEMBERIAN IZIN MENDIRIKAN BANGUNAN ( Studi Pada Dinas Tata Ruang dan Tata Bangunan Kota Medan ) Yuke Dwi Hidayati; Pendastaren Tarigan; Budiman Ginting; Jusmadi Sikumbang
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The regulation of license found building in Medan arranged in various forms of regulation, ranging from legislation to regulation mayor, as well as a variety of related laws. But this time the legislation has not been implemented explicity. The general principle of good administration is seen as unwritten legal norms that should always be adhered by government. However, the application of the general principle of good administration currently not optimally carried out by Medan’s government, in particular spatial and office building. Presence of building that do not have license found building but sturdy buildings remain standing, which eventually became a problem for Medan’s government, because when the license found building is issued while the certificate does not exist, then the Medan’s government has done unlawful acts. In the otherwise, if Medan’s government does not give the license found building but still left the constraction is tantamount to letting a violation of law. This violates the principle of legal certainty, precision in action and also the principle of public interest. Medan’s government supervision of the implementation of the city government license found building as well as the administrative law to enforce license violation sodium absorption ratio is still unfair. The building with a very large category but have been left standing, while the buildings in the small category but not have done demolotion license. Therefore required the use of up general principle of good administration more firmly in the issuance of license found building and also required the application of strict sanctions and supervision are more optimal.
ANALISIS YURIDIS TERDAHAP PEMBATALAN PENCABUTAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS PUTUSAN NO. 30/B/2012/PT.TUN.MDN) Misalina Br. Bukit; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   IMB (Building permit) given by Regent and was revoked by the Regent of Deli Serdang District. The Ruling of TUN (State Administrative Court) which was not based on the principle of good governance, the principle of legal certainty and prudence as it is found in the Ruling No. 30/B/2012/PT.TUN.MDN) which harmed the IMB owners and was not in line with the regulation on IMB itself. This Ruling is highly needed to be analyzed. The result of the research showed that judge’s legal consideration which revoked IMB is actually the picture of TUN officials. Their rulings should be in line with the principle of good governance and supported by the fact that IMB owners has complied with the rule in which breaking down a building should be in line with the instruction so that the Ruling of TUN on the revocation of IMB was not correct. It is recommended that judge’s verdict should contain compensation so that it will cause intimidated effect. The TUN officials should be careful and pay attention to the principle of good governance, especially the principle of legal certainty and prudence in giving a ruling of TUN. Keywords: Revocation of Building Permit
PERUBAHAN PERATURAN MENTERI PERTANIAN REPUBLIK INDONESIA NO.26/PERMENTAN/OT.140/2/2007 MENJADI NO. 98 /PERMENTAN/OT.9/2013 DAN PENGARUHNYA TERHADAP PERTAMBAHAN INDUSTRI PENGOLAHAN KELAPA SAWIT DI KABUPATEN LABUHAN BATU UTARA Elikson Rumahorbo; Alvi Syahrin; Pendastaren Tarigan; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT The development of oil palm plantations in Indonesia has affected the economic development in Indonesia. But economic development is only felt by group of companies.  This is caused by the regulations do not give justice to all parties. Changes in Regulation of the Minister of Agriculture of the Republic of Indonesia No.26 / 2007 called Permentan meyebutkan that to build a palm oil mill must have the raw material from its own oil palm plantations at least 20%, these regulations become an obstacle to the development of palm oil mills, because in fact no longer available land for built new plantations. Therefore Permentan converted into Permentan 98/2013, which allowed the construction of palm oil mills without gardens on condition makes sustainable cooperation with the oil palm growers. Company owner IUP-P is also required to facilitate people palm garden development, environmental and social responsibility, and shall divide the shares ownership of the factory to the farmers as a supplier of raw materials. The government of Labuhan Batu Utara district has issued a permit to build a palm oil mill without a garden called IUP-P as much as 3 units. Construction of palm oil mills have brought benefits to the oil palm growers. However, in the implementation of IUP-P in Labuhan Batu Utara district government lacks transparency in terms of time, cost and procedures for the issuance of permits IUP-P. Less government involve the community in the process of issuing permits this could lead to losses because investors are becoming less interested in investing. The government should be able to apply the principles of good governance, namely the principle of transparency, accountability and good  governance  in  order  to  invest  more advanced. Key words: (1) Licensing, (2) the Government, (3) Development of Palm Oil Processing Industry
MENUJU GOOD GOVERNANCE DALAM PELAKSANAAN REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA (STUDI KASUS DWELLING TIME DI EMPAT PELABUHAN INDONESIA) Steffi Seline Maryanne Ginting; Faisal Akbar; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT In the case of acceleration dwelling time, the Ombidsman of the Republik of Indonesia( ORI )  escort up to the President and followed up for the improvement of public service in the port. ORI, as a bridge between the aspirations of the people with the public services and / public officials. The recommendations should be implemented in the public interest. Public services into spears ideals of good governance in a country. Where the law No. 25 of 2009 on the Public Service, in addition to aiming at being the protection and legal certainly for the people in the realm of public services, as well as the certain of the organization so that the public in accordance with the principles of good governance. Keywords : good governance , Ombidsman, dwelling time
ASPEK HUKUM PEMBERIAN IZIN PENGGUNAAN KENDARAAN DINAS DILINGKUNGAN SEKRETARIAT DAERAH KABUPATEN NIAS DIKAITKAN DENGAN PERATURAN PEMERINTAH NOMOR 27 TAHUN 2014 TENTANG PENGELOLAAN BARANG MILIK NEGARA/DAERAH Apnes Perlindungan Zaro Hura; Pendastaren Tarigan; Jusmadi Sikumbang; Edy Ikhsan
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The use of official vehicles at the Regional Secretariat of Nias District from the administrative observation is viewed as the barometer to be followed by other agencies under the Nias District Government. The use of official vehicles is not in line with the official report because of lack of supervision by the state/regional-owned property management. The official vehicles used by the regional head, regional secretary, agency head, section head, and sections under the Regional Work Unit in the Regional Secretariat of Nias District are provided to aid and support their performances in carrying out their duties and work.  The provision of license of official vehicles in the Regional Secretariat of Nias District was found out to be complicated and was inefficient, particularly on the application process for using the official vehicles for the applicants (Civil Servants) because there were so many approvals to get the license to use the official vehicles from the administrative structure of the organization in the Regional Secretariat of Nias District.   Keywords : official vehicles, state/regional-owned property
Co-Authors Agusmidah Agusmidah Alvi Syahrin Andi Nova Bukit Apnes Perlindungan Zaro Hura BUDIMAN GINTING Chairina Nopiyanti Sipahutar Dearma Sinaga Edy Ikhsan Elikson Rumahorbo Faisal Akbar Nasution Fitri Handryani Herdi Munte Jusmadi Sikumbang Mahmud Mulyadi MAHMUL SIREGAR Mirza Nasution Misalina Br. Bukit Muhammad Abduh Radinal Panggabean Rika Jamin Marbun Saddam Bancin Steffi Seline Maryanne Ginting Suhaidi Suhaidi Syamsul Arifin Tri Kurniawan Yuke Dwi Hidayati Zulfahmi Zulfahmi