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

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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 : Universitas Sumatera Utara

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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.
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)
Publisher : Universitas Sumatera Utara

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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
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)
Publisher : Universitas Sumatera Utara

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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.
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)
Publisher : Universitas Sumatera Utara

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Abstract

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.