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The Effectiveness of Police Patrols in Efforts to Reduce Criminality at Labuhanbatu Resort Police Hendra Sony Rambe; Sriono Sriono; Kusno Kusno
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2161

Abstract

One of the state threats due to the Covid-19 case is the disturbance of the stability of the security of public order due to the occurrence of crime. Cumulatively, there is an increase in criminal cases in Indonesia in 2020 compared to 2019. The dominating cases are cases of narcotics abuse, then cases of weighted theft, theft of two-wheeled motor vehicles and cases of theft with violence. The main role and duties of the National Police are at realizing domestic security which includes maintaining security and public order, law and order, providing protection, protection and services to the community and upholding human rights. Police patrol is one of the roles of the police in an effort to reduce the crime rate. The implementation of police patrols at the Labuhanbatu Police in an effort to suppress crime in the jurisdiction of the Labuhanbatu Police, namely: Exploring the areas, routes and targets that have been determined and seeing any vulnerabilities. Taking the First Action at the Place of the Case, Committing Minor Crime, Labuhanbatu Police carried out Tipiring in case of being caught red-handed. Limited repressive actions were taken when there was disruption of social security and security. Police patrols are effective in reducing the crime rate at the Labuhanbatu Police. The obstacles that exist are Labuhanbatu Police personnel not proportional to the population, insufficient patrol operational funds, inadequate patrol equipment, and the community is not proactive in helping the police work in reducing the crime rate.
Legal Aspect of an Agreement Cancellation in the State of Majeure Force during the Pandemic Covid-19 Mifta Hulzannah; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1958

Abstract

Many parties can cancel an agreement or contract during the Covid-19 pandemic in Indonesia. WHO Director General, Tedros Adhanom Ghebreyesus determined the status of Corona Virus Disease 2019 (Covid-19) as a Pandemic This happened because the government issued Presidential Decree No. 12 of 2020 concerning the Determination of Disaster in the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. The covid-19 pandemic falls into the force majeure category or a state of force because it causes the economic sector to experience a decline. The community cannot do work as usual, all activities carried out are very limited. A contract is an agreement made by the parties in written form. An agreement is an act that binds one or more people to one or more people. This event resulted in a legal relationship between the parties, which included rights and obligations. Circumstances compel or force majeure may be earthquakes, fires, floods, landslides, wars, military coups, embargoes, epidemics, and so forth. In the time of the corona pandemic which is currently hitting all parts of the world, of course, it has an impact on the implementation of an agreement / contract. The purpose of this paper is to examine the force majeure in an agreement that occurs during the corona virus pandemic, which cannot automatically be used as a reason for cancellation of an agreement / contract, but can be used as a way to negotiate in canceling or changing the contents of the agreement / contract. The contract / agreement is canceled unilaterally without regard to the sense of justice, in accordance with Article 1338 paragraph (1) of the Civil Code, it is stated that the contract is a law for the parties. So the cancellation of the contract with due regard to aspects in the law and Article 1338 paragraph (1) of the Civil Code cannot be carried out in a covid-19 pandemic force majeure situation. The parties are required to carry out good faith in accordance with Article 1338 of the Civil Code by reviewing the agreement / contract or renegotiating by adding a contract clause to postpone carrying out obligations.  
Default of Banking Credit Agreements in the Time of Covid 19 Sri Dewi; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1878

Abstract

The covid 19 pandemic resulted in a very significant economic impact, and resulted in many defaults on bank credit agreements which underwent payment restructuring based on the covid 19 virus. Financial Services Authority (OJK) Regulation No. 11/POJK.03/2020 concerning the national economic stimulus as a countercyclical policy for the impact of the spread of covid 19 gives authority to banks to establish policies that support economic growth stimulus for debtors affected by the spread of covid 19, one of which is credit or financing restructuring policies. The occurrence of a national disaster caused by the Covid 19 virus had an impact on the force majeure situation. That defaults due to the spread of the covid-19 virus have resulted in debtors being negligent in carrying out their obligations, this method uses the normative juridical method, which refers to the provisions of positive laws and regulations in Indonesia. The results of the research show that defaults in the credit agreement cannot be used as an excuse for not fulfilling their obligations. The spread of covid-19 cannot be used as an excuse that causes a compelling situation that requires the debtor to commit an act of default. In the concept of a rule of law, judicial power is independent in carrying out its judicial function, thus enabling the exercise of judicial power to be fair in examining, adjudicating and deciding cases based on law and justice. Then the policy of the regulations issued by the government against the spread of the covid-19 virus is very important for the community regarding the problem of the spread of the covid-19 virus.
Juridical Review of the Criminal Acts of Economic Exploitation of Children Nur Ainun; Sriono Sriono; Abdul Hakim
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1879

Abstract

Exploitation of children is an act that is prohibited by statutory regulations. Several laws and regulations, both the results of ratification of international conventions and laws and regulations issued by Indonesia. This study aims to analyze the criminal sanctions against child exploitation actors in Indonesia. The research method used is the normative juridical method, which is sourced from statutory regulations and literature. The research results show that child exploitation still occurs in Indonesia. The reason for the economic exploitation of children is poverty. The existence of criminal sanctions contained in statutory regulations has not yet provided a deterrent effect for perpetrators of child exploitation. So it is necessary to have the role of the central and local governments in order to reduce child exploitation, namely by enforcing both laws and regional regulations. Law enforcers, especially prosecutors and judges, provide maximum sanctions or threats to perpetrators of child exploitation. Exploitation of child labor will eliminate the existing rights of children such as playing and learning.
The Legal Aspect of Cancellation of a Marriage Due To Formed Identity (Case of Decision Number 586 / PDT.G / 2014 / PN. JAKSEL) Riki Afri Rizki; Sriono Sriono; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1972

Abstract

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia. 
Aspects of Legal Protection in the Agreement of Selling and Purchase of Heritage Land Adi Sanjaya; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2280

Abstract

This study aims to identify and analyze the sale and purchase of land originating from inheritance and to analyze forms of legal protection for buyers in the event of problems in the process of buying and selling inherited land. The method used in this research is using the normative juridical method by taking primary data from the applicable laws and regulations, especially in Indonesia. The results of the study show that legal protection for buyers of inherited land is contained in Article 1492 of the Civil Code which provides an explanation that although at the time of the sale there is no promise of guarantee, the seller, by law, is obliged to bear the buyer against claims of rights through law to surrender all or part of the goods. sold to a third party
The Role of the Marine and Fisheries Office of Labuhanbatu Regency Towards the Protection of the Terubuk Fish (Tenualosa ilisha) Muhammad Rufli Zendri Batubara; Sriono Sriono; Kusno Kusno
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2163

Abstract

This study aims to determine the role of the Department of Marine Affairs and Fisheries in Labuhanbatu Regency in protecting the terubuk fish (Tenualosa ilisha). This type of research is an empirical research with a qualitative approach with the techniques used in data collection, namely: interviews and observations. The results showed that the role of the Department of Marine Affairs and Fisheries in Labuhanbatu Regency had been carried out well, namely in maintaining the population of terubuk fish and proposing regulations in the form of Decree of the Minister of Maritime Affairs and Fisheries Number 43 of 2016 concerning Protection of Terubuk Fish (Tenualosa ilisha). The inhibiting factors are:the attitude of the fishing community's behavior that does not care about the threat of the worst fish from extinction when caught on a forbidden dayand the lack of knowledge of the fishing community on the protection of the terubuk fish species (Tenualosa ilisha). Meanwhile, efforts to overcome this are by socializing, coaching and monitoringon an ongoing basis so that it is important to obey the regulations that have been set and must be truly understood by the community, especially the coastal fishermen of the Barumun River watershed.
Legality of Execution of Collateral Based on Electronic Mortgage Certificate in Bank Credit Agreement Sriono Sriono; Kusno Kusno; Risdalina Risdalina; Wahyu Simon Tampubolon; Indra Kumalasari M.
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1532

Abstract

This study aims to analyze the legality of the electronic certificate of mortgage in the context of executing the guarantee if the debtor defaults or defaults if there is a data error in the bank credit agreement. The method used in this research is the literature method with reference to the normative juridical method, namely using data sourced from secondary legal materials, namely from the prevailing laws and regulations in Indonesia. The regulations used as material are the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 concerning Electronically Integrated Mortgage Services. The research results show that the certificate generated from the electronic mortgage registration system has executorial power because the mortgage certificate contains the sentence for Justice Based on the One Godhead. The sentence shows that the mortgage certificate can be used as a tool for executing collateral if the debtor defaults or defaults to pay without a court order. Sentences for Justice based on the One Godhead are equated as a judge's decision in a court. If there is a data error in the certificate and no changes are made, the execution cannot be carried out and the certificate can be canceled and the agreement in guarantee can also be canceled.
Analysis of the Impact of the Omnibus Law on Society in Terms of Law Number 13 of 2003 Concerning Manpower and Law Number 11 of 2020 Concerning Work Copyright Jefri Rahmansyah Putra; Sriono Sriono; Bernat Panjaitan
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1962

Abstract

Government prepares Law Copyright Labor by using the concept of Omnibus Law, to be used as a scheme to build the economy in order to attract investors to invest in Indonesia. Law Number 11 of 2020 concerning Job Creation has several clusters, one of which regulates employment as stated in the previous Law, namely Law Number 13 of 2003 concerning Manpower. In the employment cluster, the Government seeks to harmonize the 3 laws so that they are in line so as to provide a space for investors to open their businesses without worrying about overlapping regulations and causing losses to investors. This research menuse normative juridical methods , the concept of the Omnibus Law So far it is not clearly regulated in Law Number 11 of 2020 concerning Job Creation . The government is trying to implement the omnibus law to create jobs. But it is not balanced with regulatory substances that are able to avoid conflicts that have occurred so far. This Job Creation Act still has many weaknesses. This problem exists in changes to the provisions for leave, giving severance pay and others. These changes further narrow the space for workers / laborers to fight for their rights.
Responsibilities of Land Deed Officers (PPAT) For Selling Buying Deed Lisa Ayu Ningsih; Sriono Sriono; Elviana Sagala; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.5995

Abstract

Sale and purchase are an agreement in which one party binds himself to surrender ownership of an item and the other party pays the promised price. The official who has the authority to make and ratify an authentic deed of a right to be transferred is a notary. If an agreement does not meet the subjective requirements, then the agreement can be canceled. Meanwhile, if an agreement does not meet the objective requirements, then the agreement is null and void. The type of research in this article is normative juridical research where in this study the author only takes secondary data, namely library materials obtained by the author including official documents, library books, laws and regulations, scientific works, articles, and documents. -documents related to research material. Secondary data collection throughlibrary researchis done by studying and collecting data related to the author's research. The Land Deed Making Official (PPAT) is responsible for the validity of the registration requirements for the transfer of land rights. The Land Deed Making Officer (PPAT) is also responsible to the parties for making a land deed and managing it effectively until it is completed. If there is a dispute in the Court, it is expected that the testimony of the parties, the Land Deed Official (PPAT) is only asked to be responsible for providing evidence in the form of a letter that has been made by the PPAT.