Pendastaren Tarigan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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KEBIJAKAN PEMERINTAH DAERAH DALAM PENGATURAN SUMBER PENDAPATAN ASLI DAERAH DALAM KERANGKA OTONOMI DAERAH (STUDI PADA KABUPATEN NIAS BARAT) Gulo, Agnes; Abduh, Muhammad; Tarigan, Pendastaren; Nasution, Faisal Akbar
USU LAW JOURNAL Vol 1, No 2 (2013)
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West Nias Regency as a new autonomous regions is required to issue a policy in the regulation of local revenue sources that are not entirely dependent on central government funding. In this study, there are several issues to be discussed include the formulation of regulation of financial resources within the framework of the general areas of regional autonomy, policy and policy implementation has been done by the Government of West Nias, the obstacles faced by the Government of West Nias Regency. The regulation of financial resources especially regional revenue has been established to provide broad authority to local goverments to levy local taxes and retribution, the policy of goverment west nias regency explore potential revenue has been estabished by means of issue a local regulation although not all of these legal products formed. The Policy of Government West Nias in running facing external and internal obstacles.
PELAKSANAAN FUNGSI PENGAWASAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP KINERJA EKSEKUTIF DI KOTA MEDAN Nadeak, Jhonny; Tarigan, Pendastaren; Nasution, Faisal Akbar; Agusmidah, Agusmidah
USU LAW JOURNAL Vol 2, No 1 (2014)
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Abstract

ABSTRACTLocal government system as the consequence of the democratric country that adheres to the deconcentration, decentralization and local autonomy principles goves the right to the local governments to significantly take care of their own domestic affairs as optimal as possible. The supervisory function of the members of regional legislative council was comprehensively regulated, but it was only limited to checks and balance without law enforcement authority. The implementation of the supervisory function of the members of regional legislative council against the peformance of the City Government of Medan in 2011 has not owned the ideal controlling system yet. The actions taken by the members of regional legislative council were merely in the forms of recommendation, criticism, suggestion and continuous monitoring.Keywords: upervision, Regional Legislative Council, Performance, City Government of Medan, Local Autonomy
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)
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Abstract

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.
IZIN LINGKUNGAN DALAM KAITANNYA DENGAN PENEGAKAN ADMINISTRASI LINGKUNGAN DAN PIDANA LINGKUNGAN BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (UUPPLH) Dewi, Dahlia Kusuma; Syahrin, Alvi; Arifin, Syamsul; Tarigan, Pendastaren
USU LAW JOURNAL Vol 2, No 1 (2014)
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ABSTRACTEnvironmental licence based on the Law on Living Environmental Management and Protection (UUPPLH) is a condition to obtain a business licence and/or activity. Functioning as an instrument of damage prevention and/or living environmental pollution in the framework of protecting and managing living environment. Environmental pollution belongs to living creature, substance, energy and/or other components polluted by human activities which is greater than the set standard quality of living environment. A control is needed to monitor the incident of living environmental pollution. Living environmental control or control for short is a sequence of activities which is directly or indirectly by the Living Environmental Controlling Official (PPLH) to find out, to ensure, and to determine the level of compliance of guarantor of business and/or activity set in the evironmental licence and the legislations in the field of living environmental management and protection. The control activity is intended to develop law reinforcement. The reinforcement of administrative environmental law is the control and application of the administrative sanction which are preventive (control) and repressive (administrative sanction) in nature. According to the UUPPLH criminal act is a violation done by an individual on the regulation of legislation and/or the provision of environmental licence. The criminal provision according to the UUPPLH to apply the criminal sanction related to environmental licence as regulated in Article 109, Article 111, and Article 112 of UUPPLH.Keywords: Environmental Licence, Reinforcement of Administrative, Sanction, Environmental Criminal Provision.
EFEKTIVITAS TERHADAP PENGUTIPAN PAJAK PARKIR DALAM HUBUNGANNYA DENGAN PENINGKATAN PENDAPATAN DAERAH DI KOTA MEDAN MENURUT PERDA KOTA MEDAN NO. 10 TAHUN 2011 Handryani, Fitri; Abduh, Muhammad; Nasution, Faisal Akbar; Tarigan, Pendastaren
USU LAW JOURNAL Vol 2, No 3 (2014)
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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) Bukit, Andi Nova; Ginting, Budiman; Tarigan, Pendastaren; Nasution, Faisal Akbar
USU LAW JOURNAL Vol 2, No 3 (2014)
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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) Panggabean, Radinal; Suhaidi, Suhaidi; Arifin, Syamsul; Tarigan, Pendastaren
USU LAW JOURNAL Vol 3, No 1 (2015)
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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 Sinaga, Dearma; Tarigan, Pendastaren; Nasution, Faisal Akbar; Sikumbang, Jusmadi
USU LAW JOURNAL Vol 3, No 2 (2015)
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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) Kurniawan, Tri; Tarigan, Pendastaren; Suhaidi, Suhaidi; Akbar, Faisal
USU LAW JOURNAL Vol 3, No 2 (2015)
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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 judges 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 ) Hidayati, Yuke Dwi; Tarigan, Pendastaren; Ginting, Budiman; Sikumbang, Jusmadi
USU LAW JOURNAL Vol 3, No 2 (2015)
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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.