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All Journal USU LAW JOURNAL Jurnal Pencerah Bangsa
Mirza Nasution
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PENYELESAIAN SENGKETA ADMINISTRASI PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2015 TENTANG PEMILIHAN GUBERNUR,BUPATI DAN WALIKOTA (Studi Putusan Sengketa Administrasi Pemilihan Walikota Dan Wakil Walikota Di Panwas Kota Pematangsi Herdi Munte; Mirza Nasution; Pendastaren Tarigan; Jusmadi Sikumbang
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal norms of dispute resolution to local election administration has been specified in the legislation where Election Supervisory Body of Province and District/Municipal authorities resolve the dispute whose decision is final and binding. Problems in this study, first, how rationalization of legal norms, whether the decision is final and binding dispute may be canceled and how the settlement method according to the principles and legal norms. The study is a normative juridical deskristif analytical. The results showed that the logical reasoning or rationalization of the legal norms of appropriate dispute resolution never mind good philosophical, juridical, sociological and political based on the principles of Pancasila state law. Supervisory Body of Province and District/City have attributive and absolute authority to examine and decide administrative disputes. The role of the Election Supervisory Body of Province and District/Municipal conduct a complete assessment in terms of both rechtmatigheid (certainty) and doelmatigheid (usefulness). For that it must be credible and competent and consistent on the principle of law to reduce the weaknesses that still exist.   Keywords: Dispute Administration, Adjudication, Final and Binding and Elections
SISTEM PENGISIAN JABATAN KEPALA DAERAH DI INDONESIA MENURUT ASAS OTONOMI DAERAH Saddam Bancin; Faisal Akbar Nasution; Mirza Nasution; Pendastaren Tarigan
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The principle of regional autonomy spawned legal norms stating that based on the principle of regional autonomy, regional head position the charging system is done through an election by the people of the area, and without the participation of the central government in determining the position of head of the area. According to the principle of regional autonomy, local independently determine the head region. Then, Indonesia as a state constitutional establish legal order based on the provisions of the constitution. An Act to regulate the charging system regional head position is formulated to maintain consistency with the provisions of the constitution. The rule of law charging system based regional head position is a reflection of democracy and the constitutional principle of local autonomy simultaneously. Based on the principle of local autonomy, the territory can apply the rule of law different charging systems associated with regional head position. These different settings later called asymmetric decentralization system of filling the position of regional head. The asymmetric decentralization can not only be applied to areas that are privileged and special, but also can be applied to areas in general. Keywords :    Legal Structure, Local Autonomy Principle, Head of Local Govern, Asymmetric Decentralization
SISTEM PEMBUKTIAN PADA TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM KAITANNYA DENGAN HUKUM ACARA PIDANA Nara Palentina Naibaho; Mahmud Mulyadi; Muhammad Hamdan; Mirza Nasution
USU LAW JOURNAL Vol 5, No 3 (2017)
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ABSTRACT Muara District Court Teweh No. 194/Pid.Sus/2013/PN.Mtw, the accused was sentenced under electronic evidence in the form of sms while Ranai District Court's Decision No.20/Pid.B/2013/PN.Rni containing electronic documents as supporting evidence to ensnare convict. It brings need to be assessed on setting criminal offense of information and electronic transactions contained in the legislation, Strength evidence electronic evidence in criminal offenses of information and electronic transactions in relation to criminal procedural law and the role of electronic evidence in uncovering the truth of the law in the District Court's Decision Muara Teweh 194/ Pid.Sus/2013/PN.Mtw and Ranai District Court's Decision No.20/Pid.B/2013/ PN.Rni.   Keywords: Evidence, Verification and Criminal Procedure Law
ANALISIS PELAKSANAAN PEMUNGUTAN RETRIBUSI TEMPAT KHUSUS PARKIR DAN RETRIBUSI PARKIR DI TEPI JALAN UMUM SEBAGAI SUMBER PENDAPATAN ASLI DAERAH KOTA PADANGSIDIMPUAN Irfan Fajri Rambe; Budiman Ginting; Mirza Nasution; Jusmadi Sikumbang
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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  ABSTRACT An analysis of the implementation of retribution of parking-specific levies and public parking levies as a source of revenue for Padangsidimpuan city is how the arrangement, implementation, constraints and solutions in levies retribution of parking lots and public roadside parking as an effort to increase local revenue since the enactment regional autonomy. Levies of special parking spaces and public roadside parking are distinguished by the management and location of the parking. The problem in this research concerns how the arrangement of retribution levy of parking at public roadside and special place of parking as source of original income of Padangsidimpuan city?, how policy implementation which have been done by Padangsidimpuan city government in exploring potency of PAD through parking levy on public road and where special parking?, and how the curbing of the implementation of parking management proven violate the city regulation Padangsidimpuan no. 4 of 2010 and No. 5 of 2010?. This research is analyzed using fiscal decentralization theory and legal system theory. The research method is normative legal research method and is analytical descriptive with primary, secondary and tertiary legal material with technique and data collection tool, namely: library research and document study and interview. The regulation of parking fee retribution procedure shall be stipulated by regional regulation and regulation of regional head. Levies are collected by using SKRD or other equivalent documents. Padangsidimpuan municipal government policy to explore the potential of local revenue (PAD) through the collection of public roadside parking levies and special places of parking is regulated in Local Regulation Padangsidimpuan city no. 4 of 2010 on Public Service Business Levies and Local Regulations Padangsidimpuan city no. 5 of 2010 on Service Levies. the implementation of collection of parking fees is managed by the Department of Transportation Padangsidimpuan city. Efforts of Padangsidimpuan city government in order to implement parking management in violation of the provisions of City Regulation Padangsidimpuan no. 4 of 2010 and Regional Regulation of Padangsidimpuan no. 5 of 2010 by the local government through the Department of Transportation of Padangsidimpuan City oversees the management of parking and controlling through the imposition of sanctions.Keywords:            Levy Collection Analysis, Special Parking Area, Parking On Public Road, Local Revenue, Padangsidimpuan City
IMPLEMENTASI PENGISIAN KEKOSONGAN JABATAN WAKIL KEPALA DAERAH Ali Ibsan Jaya; Faisal Akbar Nasution; Suhaidi Suhaidi; Mirza Nasution
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The position of the deputy head of the region is very strategic when viewed from the duties and functions of the regional head is so large, So if there is a vacuum of the regional head or deputy head of the region, then the position must be filled immediately. This study is analytical descriptive research. The election of deputy regional head shall be conducted democratically through pairing elections, which is elected in a package of elections as stipulated in the Law on Regional Head Election. Filling the vacancy of the deputy head of the region who is unable to stay under Article 176 of the Law of the Republic of Indonesia Number 10 of 2016 on the Second Amendment to Law Number 1 Year 2015 Concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governor, Bupati , And the Mayor becomes the Regulation. Deputy Governor, Vice Regent and Vice Mayor in the event of vacancy, the replacement of Vice Governor, Deputy Regent and Deputy Mayor shall be conducted through election mechanism by Assembly Provincial , Assembly at  Regency and City based on the proposal from Political or a combination of Political Which won the election of regional head. Keywords :implementation, vacancy, deputy head of region
PERBUATAN MENGAKU DIRINYA SEBAGAI ORANG LAIN DALAM PEMUNGUTAN SUARA PADA PEMILIHAN UMUM LEGISLATIF (STUDI KASUS: PUTUSAN NOMOR:01/PID.S/2014/P.N.MDN DAN PUTUSAN NOMOR:02/PID.B/2014/P.N.MDN) Fifi Febiola Damanik; Syafruddin Kalo; Muhammad Ekaputra; Mirza Nasution
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Elections are the most important order in any democratic country as the most obvious form of state administration under the rule of law that must be done freely, honestly and fairly based on the sovereignty of the people. One of the most basic forms of elections is the granting of the right or the right choose which is part of Human Rights, which in its implementation rampant misuse of suffrage especially in Medan City. The issues raised in this thesis is how the regulation of the criminal act of legislative elections in Indonesia, how the role of election organizers in the effort to overcome the crime of elections in Medan City and how the application of criminal sanctions against the act of confessing himself as someone else in the voting on 2014 /PN.Mdn and verdict number: 02/Pid.B/2014/PN.Mdn. The research method used is the normative juridical research method descriptive analyst. This study uses the approach of legislation with data collection techniques namely library research supported by interviews to obtain more complete data. The results of the study indicate that the regulation on the criminal act of legislative elections in Indonesia has developed from the provisions that are only regulated in the Criminal Code up to Law Number. 8 of 2012 on General Election of House of Representatives, Regional Representative Council Regional People's Representative Assembly Provincial and Regency / City. The role of election organizers in the effort to overcome the criminal acts of legislative elections lies in integrated law enforcement center through penal facilities against law enforcement under the Bawaslu institution. The application of criminal sanctions against the acts of self-confessed based on two judgments of Medan District Court is considered not in accordance with the value of justice and does not realize the purpose of punishment based on the analysis of judges' ruling.   Keywords : Acknowledging Himself as Others, General Election Legislative
PENANGANAN PEKERJA SEKS KOMERSIAL DITINJAU DARI PERDA KOTA MEDAN NO 6 TAHUN 2003 TENTANG LARANGAN GELANDANGAN DAN PENGEMIS SERTA PRAKTEK TUNA SUSILA DI KOTA MEDAN Ramadani Ramadani; Edy Ikhsan; Rosnidar Sembiring; Mirza Nasution
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The issuance of Perda Medan No. 6/2003 on the Prohibition of Bums, Beggars and Prostitution in Medan consisting of 7 articles is related to legal studies made and is aimed at realizing Medan to be Bestari city which is capable of handling prostitution in Medan. Prostitution is contradictory to religious and moral norms in the society in Medan. The number of prostitutes in Medan is still very high. Prostitutes are easily found at road sides of Medan from early evening until dawn. The policy made by Medan Municipality to overcome practice of prostitutes in Medan since 2003 is that it has issued a Perda (Regional Government Regulation). Medan Municipality coordinates with Social Agency of Medan and Polisi Pamong Praja (Civil Servant Police) Unit. The prostitutes caught in the raids are sent to Rehabilitation Center of Parawasa, Brastagi to implement the policy. The obstacles encountered by Medan Municipality to overcome prostitution in Medan consist of many factors such as the essence of the Perda. Other obstacles are contributed by the law enforcers whose work is not yet optimal; the law enforcement is influenced by internal and external factors. Keywords: Handling, Perda, PSK (Prostitution)
Pemenuhan Hak Konstitusional Penghayat Kepercayaan Parmalim Dalam Dokumen Administrasi Kependudukan : Studi Putusan Mahkamah Konstitusi Republik Indonesia Nomor 97/PUU-XIV/2016 Daulat Nathanael Banjarnahor; Faisal Akbar Nasution; Mirza Nasution; Afnila Afnila
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Indonesian Constitution, the 1945 Constitution has regulated the freedom of every citizen to embrace religion or adhere to faith and be treated equally and not discriminatory. In its implementation, freedom to adhere to beliefs, equal treatment and non discrimination has not been felt by believers, especially those who believe in parmalim because they have not been able to state their status as trustees in the demography administration document. The problem in this thesis study is how the legal arrangement related to the Indonesian belief in Indonesia during the new Order period to date, how the implementation of the constitutional rights of the termination of trust Parmalim in the administration The population before and after the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016, and how the State responsibility in fulfilling the constitutional rights of the Parmalim belief in the Demography Administration. This thesis uses empirical legal research methods. The data used in this thesis research are secondary data in the form of primary, secondary, and tertiary legal materials and supported by primary data in the form of in depth interviews with informants. The development of regulations related to belief groups in the New Order era can be seen in several forms of legislation, including the MPR Decree. Other arrangements in the form of a Presidential Decree, Minister of Religion Decree, Minister of Home Affairs Circular, Attorney General's Decree, and Law. During the regulatory reform period, the belief group was in the form of acknowledgment to the belief group which was regulated in the MPR Decree and Law. The implementation of fulfillment of the constitutional rights of the parmalim trustees in demography administration before the Republic Indonesia Constitutional Court Decision Number 97/PUU-XI/2016 was done by the Medan City Demography and Civil Registry Service is limited to Family Cards (KK) and was not done yet to identification card because refer to Demography Administration Law. After the Republic Indonesia Constitutional Court Decision Number 97/PUU-XIV/2016, Slowly gradually the Indonesian state through the government began to take strategic measures to accommodate the inclusion of the status of the belief in the administration of their residency, which is to publish The regulation of the minister of home affair, make any changes to the demographic information system, and issued a circular letter ministry of home affairs’ circular letter. The form of state responsibility in fulfilling the constitutional rights of the people who believe in parmalim in demography administration has not been fully implemented because it is still limited to filling in the KK religious column.   Keyword: compliance, constitutional rights, parmalim trustees, demography administration
Penyelenggaraan Dana Desa Berdasarkan Prinsip Akuntablitas Dan Transparansi Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa di Kabupaten Langkat Hartina Hartina; Faisal Akbar; Mirza Nasution; Rosnidar Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
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Abstract. The implementation of the autonomy of the village led to the needs of a large Fund for each village to manage the Government's village. The construction of the rural area is a mix of development between villages in one district/city in an effort to speed up and improve the quality of service, development and empowerment of village community in the rural area through approach participatory development. Based on background. such research will be analyzed inaugural village Fund, channelling procedure mechanism budget funds from the state budget to the village village and barriers in the system of organizing the village Fund with the object of research done in the County Langkat. The implementation of village funds consists of original village income, Regional Budget and Expenditures (APBD) and State Budget (APBN). The administration of village government affairs which become village authority is funded from the Village Budget (APBDesa), central government assistance, and regional government assistance. Obstacles in the Village Fund Delivery System include the Low Synchronization Between Village and District Level Planning, the amount of Village Fund Allocation (ADD) as a support for government administration operations is still limited, Lack of intensity of Village Fund Allocation (ADD) socialization to the community, Village Government claims difficulties to prepare an Accountability that is in accordance with the specified standards.   Keywords: village development, village fund, local government, state finance
Implikasi Putusan Mahkamah Konstitusi Republik Indonesia Yang Memuat Norma Baru Dalam Sistem Ketatanegaraan Indonesia : Analisis Putusan Mahkamah Konstitusi No. 102/PUU-VII/2009 Robin Reagan Sihombing; Mirza Nasution; Faisal Akbar; Afnila Afnila
USU LAW JOURNAL Vol 7, No 5 (2019)
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Abstract. Based on the provisions of Article 56 and Article 57 of Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court only limited to the cancellation of the norm (negative legislator). However, from a number of decisions that not only invalidate the prevailing norms, positive legislators are proposed against the limiting bill from the authority of the Constitutional Court. One example of the verdict is the Constitutional Court decision Number 102 / PUU-VII / 2009 which is in the decision of the Constitutional Court (positive legislator), namely by allowing parliamentarians registered in the permanent voters list to be able to choose the identity card and passport. In this case, the authority of the state institution as the legislator of the House of Representatives (DPR) was taken over by the Constitutional Court, therefore the research in this thesis was conducted to explain and analyze the decisions of the Constitutional Court No. 102 / PUU-VII / 2009. The research carried out is normative legal research and the research discussion used is invitational research (statute approach) and renewal (case approach), namely by using legal data sources of secondary data which consists of primary legal materials, secondary legal materials and tertiary legal materials by means of analyzed using qualitative methods to deduce conclusions. Decision of the Constitutional Court No. 102 / PUU-VII / 2009 which influences agreed new norms (positive legislators) is very useful and useful for protecting constitutional rights. real justice. Justice is manifested in a sense of justice that is valued and lives in the midst of society. The implementation of this decision was finally set forth in a law, namely Law No. 7 of 2017 concerning general elections so that the use of identity card or passports in each general election becomes stronger in the implementation of the Court's decision No. 102 / PUU-VII / 2009 can find legal objectives, namely for justice, legal certainty and benefit for the community. Keywords: Mahkamah Konstitusi, constitutional court,  permanent voters list, justice.  
Co-Authors Afnila Afnila Ali Ibsan Jaya Budi Santho Parulian Nababan BUDIMAN GINTING Dara Qurratu’ Aini Yusuf DAULAT NATHANAEL BANJARNAHOR Edi Yunara Edo Maranata Tambunan Edy Ikhsan Faisal Akbar Nasution Fifi Febiola Damanik Hartina Hartina Hendra Poltak Tafonao Herdi Munte Irfan Fajri Rambe James Kristian Laoli Jelly Leviza Jusmadi Sikumbang Madiasa Ablisar Mahmud Mulyadi Muhammad Ekaputra Muhammad Hamdan Nara Palentina Naibaho Pendastaren Tarigan Ramadani Ramadani Robin Reagan Sihombing Rosnidar Sembiring Saddam Bancin Suhaidi Suhaidi Sunarmi, Sunarmi Syafruddin Kalo