Suhaidi Suhaidi
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

Published : 60 Documents
Articles

BENTUK PERTANGGUNGJAWABAN INDONESIA TERHADAP MALAYSIA DAN SINGAPURA DALAM MASALAH KABUT ASAP DI PROPINSI RIAU Liu, Suadela; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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ABSTRACT Forest fires have become an international concern for environmental and economic issues. Smoke disruption  due to forest fire in Indonesia has crossed the states lines. Meanwhile, the provisions of International law for the state responsibility issue has not been established. The principle of state responsibility exists from the international primary rules of obligation, balance between rights and obligations of states. Each country that holds a certain rights also supports a particular obligations as well. This obligations is another side of the rights that been granted by law. That in practice application of this principle still unable to restore the environmental to its original state. This special nature immediately suggests that there is another needs for few more forms of application of the international law principles to ensure that the law is capable as the first instrumen of the environmental protection. Key words : Forest fires, International Law, Indonesia
PENYELESAIAN SENGKETA INTERNASIONAL MELALUI KEKUATAN BERSENJATA OLEH PERSERIKATAN BANGSA-BANGSA DALAM MENJAGA PERDAMAIAN DUNIA Sihombing, Melda Theresia; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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ABSTRAK International relations that happened among states are not always goes well. Disputes happen in this relations frequently.To solve this disputes, we can use of force. Use of force is not suggested, but it is not  forbidden too. International disputes settlement by use of force can be devide became two kind, they are unilateral and collective. Unilateral method can be done by each state without getting permission from any party, but this method must be done in individual self-defence situation. Collective method must be done by the Resolution from Security Council of United Nation. The international disputes settlement, neither it is solve by the unilateral method or collective method, we can see the regulation in Chapter 51 United Nation Charter.
STATUS HUKUM DAN PERLINDUNGAN ENVIRONMENTALLY DISPLACED PERSONS DITINJAU DARI KONVENSI 1951 TENTANG STATUS PENGUNGSI Sinari, Yuthi; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 2 (2013)
Publisher : Journal of International Law

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AbstractClimate change and exacerbating global warming in the recent few decades have triggered an urgent effect that threatens the lives of millions of people. The number of persons seeking refugee protection due to environmental degradation has increased to 25 million people, prominently preceding other groups of people. The preponderance of contemporary human outpouring consists of persons seeking to escape the deteriorating environments of developing countries, but the surge in environmental refugees will soon outpace the ability of the developing world to cope with them. Developed countries will soon feel the effects of this problem. No host country will be able to escape the effects of the growing numbers of environmental refugees for much longer. This heartbreaking phenomenon will remain a unique tragedy in the history of human beings. Forced migration due to environmental degradation has inevitably pervaded every aspect of life. The only solution to overcome hostile environment migration is to intensify international cooperation and corroborate burden-sharing principle. Furthermore, international conventions and declarations have been created to expand the definition of refugees embodied in Article 1 of the 1951 Convention Relating to Refugee Status to include environmentally displaced persons and optimize the international protection for refugees.Keyword: Refugees, Environmentally Displaced Persons
PENGATURAN HUKUM INTERNASIONAL MENGENAI BIOTEKNOLOGI DAN DAMPAKNYA TERHADAP KEANEKARAGAMAN HAYATI Sirait, Friska Messelina; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 2 (2013)
Publisher : Journal of International Law

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Abstract Biotechnology in humans life gives a new expectation of an ability to create new organisms. Biotechnology has a firm connection with biological diversity as its genetic resources. The Living Modified Organism (LMO) that will be released to the free environtment will also affect the balance of the existing biological diversity. The regulation of biotechnology and its impact on biological diversity is at first mentioned on United Nation Conventions on Biological Diversity (UNCBD) 1992. This convention then has some protocols with specific issues. First, Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000 that regulates specifically about the transboundary transfer of Living Modified Organism (LMO). Second, The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization 2010 focusing on the use of biological diversity as genetic resources. Third, Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety 2010 focusing on the regulations to anticipate the emerging impact on biological diversity as the consequence of the LMO’s transboundary transfer.Keywords : Interntional Law, Biotechnology, Biological Diversity
ANALISIS YURIDIS ATAS TINDAKAN DISKRIMINATIF SEBAGAI PELANGGARAN HAM RINGAN BERDASARKAN UNDANG- UNDANG NO. 40 TAHUN 2008 TENTANG PENGHAPUSAN DISKRIMINASI RAS DAN ETNIS Pakpahan, Zainal Abidin; Suhaidi, Suhaidi; Nasution, Faisal Akbar; Leviza, Jelly
USU LAW JOURNAL Vol 1, No 2 (2013)
Publisher : USU LAW JOURNAL

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ABSTRACTPractice to action discriminative as collision of light human right in law order have been arranged in section 28B sentence (2), section 28I sentence (2) Indonesian constitution 1945 post amendment, then section 1 number 1 of constitution No. 40/2008 about discrimination disposal, race and ethnical, then discrimination context as collision of human right have been assured in section 1 number 3 of constitution no 39 the year 1999 about human right, so that action diskriminative has ought to be punishable if it has done. hence to action discriminative can be given sanction of imprisonment at longest one (1) year or penalty fine maximum one hundred million rupiahs according to at section 15 and 16 of constitution No. 40 the year 2008 about discrimination disposal race and ethnical. Refers such a of action perpetrator discriminative instead seldom be punished and their case have never been brought to justice of human right as justice judging about collision human right. Action discriminative as collision of light HAM cannot be judged in HAM justice domain, caused existence of historical reason that is, in Statute Roma 1998 adopting existence of four badness numbers which can be judged in ICC among others, badness of genosida, crimes againt humanity, badness of war and badness of aggression however doesnt coronate to collision of light HAM like action discriminative as collision of light HAM as which included in DUHAM 1948. Reason of yuridis, according to section 4 constitution No. 26 the year 2000 about justice of human right expresslies state that collision of human right which can be judged in justice of human right is collision of heavy HAM that is badness of genosida and badness to humanity outside from the badness justice of HAM doesnt have authority to investigate breaks and judges it, then reason of basis yuridis as presentation of the forming of constitution justice of human right in judging is special for collision of weight HAM which can be judged in justice of human right but not to collision of light HAM.Keyword : analysis yuridis, action discriminative, and light collusion human right.
KAJIAN HUKUM ADMINISTRASI LINGKUNGAN TENTANG BIDANG PERIZINAN ATAS PENGELOLAAN LIMBAH PADA PABRIK KELAPA SAWIT PT. PERMATA HIJAU SAWIT Rizky, Fajar Khaifi; Suhaidi, Suhaidi; Abduh, Muhammad; Tarigan, Pendastaren
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : USU LAW JOURNAL

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Once of instrument in the effort to prevent contamination and environtment damage is an environtment approval , like in a Article 1 point 35 on the Protection and Management of the Environment which continued obeyed in Government Regulation Number 27 Year 2012 about Environtment Approval. In that provision, there are two kinds of approval environtment and protaction approval and management environmental. As a implementation from one of approval and protection and management of hazardous waste and toxic materials, in indonesia language we can called (B3) is a substance, energy, and other component which because of characteristic, consentration and it count, indirect way or indirect way, can be contaminated and destroyed the environmental, and danger of environmental, health, and also human survival and the other organism. PT. Permata Hijau Sawit as once of effort which is move in industry side of oil palm management must to complate and supply th earticle regulation which is pretend in making the document of UKL-UPL and approval to prevent contamination and environment and damage environmental. As one of the problems in a research is how to regulate about approval which have relation with the management of hazardous waste and toxic materials (B3) at oil palm factory PT. Permata Hijau Sawit. Based of that ilustration can be concluded that environment approval is one of instrument in the effort to prevent contamination and environment damage, for realize purpose of protection and management of environmental especially waste management where the substance of the licensing arrangement waste management was not complete and still need executive regulation.
ANALISIS KOMPARATIF YURIDIS KEBIJAKAN ANTIDUMPING ANTARA INDONESIA DAN FILIPINA Kesuma, Novie Andriani; Suhaidi, Suhaidi; Siregar, Mahmul; Leviza, Jelly
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : USU LAW JOURNAL

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ABSTRACTDumping is the practice of selling commodities in foreign markets at less than normal value. The member countries of GATT / WTO have used instruments of antidumping duties against unfair trade practices and allows members to apply anti-dumping duties. Indonesia and Philippines are part of members in WTO and have ratified the GATT-WTO provisions and should have an obligation to obey all the set provisions to their national laws. Although in the application of anti-dumping provisions, Indonesia and the Philippines are still referring to the provisions in the Antidumping Agreement, but the application of laws regulations is different. The differences are to determine the normal value of antidumping policy in Indonesia does not regulate the export price calculations based on CIF or FOB. Other factors that may affect the normal value as exchange value of the currency, Antidumping policy in Indonesia also not set up a special relationship between a producer and an exporter that should be excluded in the determination of the domestic industry and about the protection of domestic industry in Indonesia is regulated Antidumping Policy on Custom Law, while in Antidumping policy in Philippines is set in its own provisions.Keywords : Antidumping, Comparative
PENYIDIKAN TINDAK PIDANA KORUPSI (STUDI PENYIDIKAN DI POLRESTA MEDAN DAN KEJARI MEDAN) Rubianto, Bambang; Hamdan, Muhammad; Mulyadi, Mahmud; Suhaidi, Suhaidi
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : USU LAW JOURNAL

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Recently, corruption has been a serious public attention. Whether or not the criminal act of corruption develops cannot be separated from the element of law enforcer. To anticipate the development of corruption, the law enforcers take the steps, among other things, through the process of investigation. This step is a part of the government efforts to reenforces law under the term of criminal policy or from the aspect of criminal law enforcement policy. In Indonesia, investigating the criminal act of corruption is carried out by three institutions such as Police, Attorney and Corruption Eradication Commission (KPK), Due to the limitation of KPK, the investigation at regional level is focused in the Police and Attorney regional affice. The corruption investigation process cannot be separated from the problems related to technical and non-technical process of criminal justice system. In Medan and its vicinity, the investigation of the criminal act of corruption is focused on Medan Resort Police Departement and Medan Attorney Regional Office. The authority to do the investigation is legal according to the law. Yet, in practice, this authority is less optimally empowered by both institutions, in the scope of its job description in the past three years. To cope with less optimal investigation problem, in the future, Medan Resort Police Department and Medan attorney Regional Office will cooperate with the academicians to provide workshop or seminar, to make staff study, to schedule the investigation of the criminal act of corruption in the scale of priority, to increase the number of investigators, to synchronize the perception of investigators in corruption case investigation. The still rooted culture of corruption will be cahanged through investigating the cases of criminal act of corruption. Community participation in the process of corruption case investigation will be improved and the culture of discipline of government apparatuses will be optimalized.
LIBERALISASI PENDIDIKAN DALAM KERANGKA GATS : KAJIAN HUKUM TERHADAP PENDIRIAN PERGURUAN TINGGI ASING DI INDONESIA Simamora, Anggiat; Nasution, Bismar; Suhaidi, Suhaidi; Siregar, Mahmul
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : USU LAW JOURNAL

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ABSTRACTHigher education liberalization facilitated by the WTO/ GATS has distorted the nature of education as a public service in Indonesia. This study aims at finding out 1). How HE in Indonesia is regulated, 2). what the existence of foreign higher education in the Indonesian regulation is, and 3) what the impact of GATS on regulating higher education in Indonesia is. It was found out that 1). both public higher education (PTN) and Private higher education (PTS) conduct governmental authority. Otherwise, the regulations threat them discriminately, 2). Foreign HE is recognized in Indonesian regulation as a part of SPN. Consequently, foreign HE instututions legally cannot be established in Indonesia, 3). GATS impacts on regulating HE in Indonesia since all agreements achieved in WTO/GATS abide Indonesia. From these findings, it is suggested that 1 ) . Government threat both PTN and PTS equally since they are held in the same system, 2). Regulation obliging foreign higher education to be held as parts of SPN be maintained to improve the quality of Indonesia higher education, 3). Indonesia makes a new legislation on higher education industry.Keywords : Liberalization , Higher Education , SPN , GATS
SINKRONISASI ANTARA HUKUM PAJAK DENGAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN (CSR) Sibarani, Anto; Nasution, Bismar; Siregar, Mahmul; Suhaidi, Suhaidi
USU LAW JOURNAL Vol 2, No 1 (2014)
Publisher : USU LAW JOURNAL

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ABSTRACTDifferent regulations between Law No. 40 of 2007 on Limited Liability Companies with Tax Law at the expense of corporate social responsibility cause injustice and legal uncertainty for companies that implement CSR, and can trigger the employer conducts tax evasion efforts. Legal research was conducted to determine the synchronization between the Tax Law with Law No. 40 of 2007 on Limited Liability on CSR. Law No. 40 of 2007 on Limited Liability Company requires companies to implement CSR since the start of operations and budgeted at the beginning of the year, although not reaching earnings, while the Law Number 36 Year 2008 regarding Income Tax through Government Regulation No. 93 of 2010 stipulates that only companies that have make a profit in the previous year which may charge CSR.Keywords: CSR, Synchronization, Tax Law
Co-Authors Adhy Iswara Sinaga, Adhy Iswara Aldi Subartono Ali Umar Harahap, Ali Umar Alimuddin Sinurat Alvi Syahrin Andi Rian Djajadi Andryan Andryan, Andryan Andy Andy Anggiat Simamora Anto Sibarani Arif Arif Astri Heiza Mellisa Azhar, Muhammad Reza Bambang Rubianto BISMAR NASUTION BUDIMAN GINTING Devy Iryanthy Hasibuan, Devy Iryanthy DewiMaya Benadicta Barus, DewiMaya Benadicta Dina S.T Manurung Donny Tanaka Silalahi Edi Yunara Edy Ikhsan Elmas Dwi Ainsyiyah, Elmas Dwi Faisal Akbar Nasution Faisal Akbar, Faisal Fajar Khaifi Rizky Friska Messelina Sirait Hariyatmoko, Hariyatmoko Hasibuan, Dita Kartika Sari Hasibuan, Jonathan Hasudungan Hasim Purba Hengki Hengki Herman Brahmana, Herman Indra, Sari Rezeki Jelly Leviza Jennifer Jennifer Jhon Tyson Pelawi, Jhon Tyson Juliyani Juliyani Junandar Indra Tongam Panggabean, Junandar Indra Tongam Keizerina Devi Azwar Laurentia A. Kartika Madiasa Ablisar Madiasar Ablisar, Madiasar Mahmud Mulyadi MAHMUL SIREGAR Marlina Marlina Megawati Megawati Meisy Kartika Putri Sianturi Melda Theresia Sihombing Muhammad Abduh Muhammad Ekaputra, Muhammad Muhammad Hamdan Muhammad Solly Lubis, Muhammad Solly Mutiara Panjaitan Nasution, Indra Kurniawan Nasution, Mhd. Nur Arrahman Novie Andriani Kesuma Nurpanca Sitorus Pahmi, Armia Pendastaren Tarigan Perdana Eliakhim Manalu Putri Nesia Dahlius, Putri Nesia Radinal Panggabean, Radinal Ramses Purba, Ramses Rivai H Sihaloho Runtung Runtung Simatupang, Faisal Rahmat Husein Sitepu, Runtung Sonya Airini Batubara, Sonya Airini Suadela Liu Suandi Fernando Pasaribu, Suandi Fernando Sugirhot Marbun, Sugirhot Surya Sofyan Hadi, Surya Sofyan Syafruddin Kalo Syafruddin Sulung Hasibuan, Syafruddin Sulung Syafrudin Kallo, Syafrudin Syahrul Sitorus, Syahrul Syamsul Arifin Tan Kamello Tanaka, Eric Taufik Hidayat Lubis, Taufik Hidayat TRI KURNIAWAN, TRI Utary Maharani Barus, Utary Maharani Ventyrina, Ine Warhan Wirasto, Warhan Windy Sri Wahyuni Yuthi Sinari Zainal Abidin Pakpahan