Articles
<![CDATA[Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City ]]>
<![CDATA[Pramono, Rahman]]>;
<![CDATA[Sahputra, Rilawadi]]>;
<![CDATA[Kusbianto, Kusbianto]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5128
<![CDATA[The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.]]>
<![CDATA[Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021 ]]>
<![CDATA[Surnada, Surnada]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5029
<![CDATA[The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.]]>
<![CDATA[The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police ]]>
<![CDATA[Sirait, Mangatur]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5031
<![CDATA[This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.]]>
<![CDATA[Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN. ]]>
<![CDATA[Purnomo, Sigit]]>;
<![CDATA[Saputra, Rilawadi]]>;
<![CDATA[Kusbianto, Kusbianto]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5130
<![CDATA[Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court Number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 2). Reviewing legal considerations by judges in Supreme Court decision number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 3). Reviewing the legal settlement of disputes over the procurement of goods and services that are not in accordance with the agreement on the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342 / Pdt / 2021 / PT MDN. This type of research is normative legal research the data source of this research is secondary data, which includes: primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection using the study of literature and documents. Analysis of research data using normative analysis of research results obtained a conclusion that: 1). Form of tort and tort in the Procurement Agreement of goods and services with number: PJJ.04.04.01/05/07/2019/0104 about the procurement and installation of AC (Air Conditioner) at Garbarata Kualanamu Deli Serdang International Airport in the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342/Pdt/2021/PT MDN is the plaintiff/comparator/applicant for Cassation I / respondent to Cassation II (CV. Marendal Mas) is considered to have done what was promised, but it is too late and the defendant/compared/applicant Cassation II / respondent Cassation I (PT. Angkasa Pura II Kualanamu Airport Branch) did not immediately make payment for the work that the plaintiff/comparator plaintiff/comparator/Cassation applicant I/Cassation respondent did, as a result CV. Marendal Mas felt aggrieved because he could not pay the working capital of the bank and declared bad loans and collateral threatened with auction.]]>
<![CDATA[Business Dispute Settlement Employment Chartering Agreement In The Perspective Of Legal Certainty ]]>
<![CDATA[Saputra, Iqbal]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5030
<![CDATA[The background of the problems in this thesis research is a business dispute agreement chartering Pekerajaan with a peace decision between Antony Simon melaawan LAI MEE YEK that can be resolved through the mediation process. In conducting the mediation process in court with a peace decision (deed of Vandading) in the Medan District Court in accordance with the mediation implementation procedure as stipulated in PERMA No. 1 of 2016. The problems discussed in writing this thesis is how the legal regulations in the settlement of business disputes on the tort of default, how the settlement of cases of tort of default with the occurrence of peace (Dading) by the Medan District Court and how the settlement of business disputes chartering Pekeraja agreement with the Peace decision (deed Vandading) in Medan District Court. The research method used in the writing of this thesis is a type of normative-empirical legal research, by conducting doctoral research directly and using data collection tools in the form of interviews. Based on the results of research, the process of resolving default business disputes through a simple lawsuit based on perma number 4 of 2019 with a material lawsuit of at most Rp.500.000.000, - (five hundred million rupiah) in order to achieve legal certainty should be in the lawsuit the plaintiff appealed to the Chairman/panel of judges who examined and tried this case to put a temporary bail seizure (conservatoir beslagh) against the defendant's property both movable and immovable. In order to avoid greater financing and longer time in resolving this matter.]]>
<![CDATA[Accountability For Corruption Of Village Funds By The Head Of Paridanggaran Village Toba Samosir Regency (Study Verdict Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn) ]]>
<![CDATA[Panjaitan, Uli]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Simamora, Melki Suhery]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 2 April 2025 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i2.6244
<![CDATA[Cases of abuse that occur in village fund management are carried out with various modus operandi such as drafting a budget above the market price and then paying based on other agreements, borrowing while the village fund by moving funds to a personal account and then not being returned. The formulation of the problem is how the village fund deviation by The Village Head of Paridanggaran, Toba Samosir regency, North Sumatra Province, how the accountability of perpetrators of village fund corruption in the decision of PN. Tipikor Number : 55 / Pid.Sus-TPK/2018 / FR.Mdn, how the basis of consideration of the judge handed down the verdict against the defendant in the decision of PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the deviation of village funds by the head of Pardinggaran Village related to village funds in 2016 Toba Samosir regency, North Sumatra province is the village fund budget that has been disbursed by the defendant Marhuarar Pangaribuan as the head of Pardinggaran village, but in carrying out activities using village funds not included other village officials, should be used to finance activities in accordance with the draft Paridanggaran village budget. Accountability perpetrators of corruption in the village Fund decision PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn is Marhuarar Pangaribuan sentenced to prison for 2 years 6 months and a fine of Rp.50.000.000, - (fifty million rupiah).]]>
<![CDATA[Legal Sanctions Against Perpetrators Criminal Persecution That Resulted Serious Injury (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn) ]]>
<![CDATA[Azmi, Syariful]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Zuliah, Azmiati]]>;
<![CDATA[Fitriana, Fitriana]]>
<![CDATA[ Legalpreneur Journal Volume 1, No. 2 April 2023 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v1i2.3138
<![CDATA[Criminal acts of persecution it is a form of action that can harm others that is against the physical. One of them that can cause serious injury or it can even cause loss of life somebody.The act occurred the factors include less public behavior well controlled due to low level of education and environmental influences, less Association good that eventually resulted disputes both personal and groups. Problems that appointed in this study are how is the application of criminal law against the crime of persecution this resulted in severe injuries in The Samarinda District Court and what to consider judge's decision to drop verdict against criminal acts the resulting persecution serious injuries in court (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn]]>
<![CDATA[Application Of Legal Procedures In The Examination Of The E-Court System ]]>
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Zaen, Pratiwi Putri Marshanda]]>
<![CDATA[ Legalpreneur Journal Volume 2, No. 1 October 2023 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v2i1.3719
<![CDATA[AbstractThe development of Information Technology has entered into all aspects of people's lives. Technology makes everything easier, not least with the world of court governance, it is alsorequired to be able to develop along with the development of society by utilizingtechnological sophistication in the form of an internet network, which can create a systemin forming an application called E-court. E-court is a form of change in the administrationof cases that are more transparent and accountability. The problems in this study are: howthe rules of legal procedure in the examination of the e-court system, how the effectivenessof the process of settlement of lawsuits in the e-court system in court. Based on the resultsof research and discussion, the e-court system in the process of settling lawsuits in courtcourts based on the principle of simple, fast and low cost has been running as its functionbut in practice the trial is still done manually. And there are still obstacles that are felt byadvocates / justice seekers that hinder the legal process to be less effective in itsimplementationKeywords: Examination, E-Court System, Procedures.]]>
<![CDATA[Benefits And Legal Certainty For The Community On Participatory Mapping Services At The Medan City Land Office ]]>
<![CDATA[Utomo, Wahyu]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Zuliah, Azmiati]]>
<![CDATA[ Legalpreneur Journal Volume 1, No. 1 October 2022 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v1i1.2636
<![CDATA[The purpose of this study was to determine the public service in Medan City Land Office. To find out the administrative system of land mapping in Medan City Land Office. To determine the effectiveness of legal benefits for the community on participatory mapping of Land Services at the Medan City Land Office. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study is the National Land Agency (BPN) is a vertical agency, as a vertical unit that organizes Land Services. Vertical service units are service units that are under the ministry / central institution but have services up to the regional level. The National Land Agency (BPN) is a Non-departmental government agency under and responsible to the president and headed by the head of the National Land Agency (BPN).BPN is regulated through Presidential Regulation Number 10 of 2006 concerning the National Land Agency. The administrative system of land registration in the National Land Agency of Medan through the right path that is through the procedures made by the agency to Agrarian. In PP No. 24 of 1997 regulates a number of lands that have been in doubt about the evidence to absenteeism as well as the process and evidence of their rights have been affirmed as land that can be converted into rights according to the Constitution with the development of a legal institution “adjudication†which is regulated in Article 24 FST of PP 24 of 1997. From the provisions of this PP, there are several other things that are the object of conversion or evidence that can be forwarded to be used in the management of land certificates. As for efforts to minimize obstacles undertaken by the Medan Land Office, namely: trying to eradicate scalpers, the need for increased quality and quantity of equipment so that it can be used properly, increased quality human resources means participating in following specifically in the Diploma program or Bachelor's level in cadastral mapping and measurement, seeking costs.]]>
<![CDATA[Indonesian Nationalism Facing Global Globalization ]]>
<![CDATA[Arios, Rion]]>;
<![CDATA[Kusbianto, Kusbianto]]>
<![CDATA[ Legalpreneur Journal Volume 1, No. 1 October 2022 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v1i1.4732
<![CDATA[This paper contains that nurturing the spirit of nationalism in the minds of the younger generation since childhood will make them more resilient to negative influences and rampant moral change in the era of globalization. So, by strengthening morality and ethics through Pancasila Education, Indonesia's young generation will be better prepared to face globalization and maintain Indonesian identity at the same time. Cultural values that are characteristic of the Indonesian nation, such as mutual cooperation, silahturahmi, hospitality in the community become basic privileges that can make individuals of Indonesian society to love and preserve their own national culture. But the characteristics of the Indonesian people who are known as a friendly society and manners are now beginning to fade since the entry of foreign culture into Indonesia that can not be selected properly by the people of Indonesia. Therefore, in this case the government has an important role to maintain the values of Indonesian culture in the lives of its people. The following are some ways to maintain Indonesian culture so as not to be affected by foreign cultures that are negative, 1) foster a strong spirit of nationalism, such as the spirit of loving domestic products and culture. 2) instill and practice the values of Pancasila as well as possible. 3) instill and implement religious teachings with the best. 4) selective against foreign cultures entering Indonesia. 5) strengthen and maintain the identity of the nation so as not to fade. That way the community can act wisely in determining the attitude so that the identity and personality of the nation does not fade because of foreign cultures that enter Indonesia in particular.]]>
