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Kedudukan Pasal 1320 dan 1338 KUHPerdata dalam Kredit dan Sengketa Konsumen di BPSK Simanungkalit, Monica Dameria Vicarista; Munawir, Zaini; Zulyadi, Rizkan
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.499

Abstract

The purpose of this study is to analyze the position of Article 1320 and Article 1338 of the Civil Code concerning credit agreements. In addition, this study also aims to evaluate the authority and application of the law by the Consumer Dispute Settlement Agency (BPSK) in resolving consumer disputes related to credit agreements, with a case study based on Decision Number 292/Pdt.Sus.BPSK/2016/PN-Mdn. This study uses a normative juridical method with a qualitative approach through literature and field research. Data was collected from regulations, academic literature, and field documents at the Medan District Court. Descriptive-analytical analysis evaluates the conformity of legal norms with their application in dispute resolution. The results of the study show that the analysis of Article 1320 and Article 1338 of the Civil Code highlights the challenges of the principle of freedom of contract in credit agreements, especially standard agreements that often harm debtors. The evaluation of Decision No. 292/Pdt.Sus.BPSK/2016/PN-Mdn emphasizes the limitations of BPSK's authority in default disputes, highlighting the importance of compliance with the principle of pacta sunt servanda. BPSK reform is needed to ensure justice, transparency, and legal certainty.
Environmental and Green Investment Regulations: The Impact of China's Belt and Green Road Initiative in Southeast Asia Jing, Zhang; Zulyadi, Rizkan; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5094

Abstract

The Green Belt and Road Initiative (BRI), China's international development strategy, aims to improve regional connectivity while addressing the environmental challenges of major infrastructure projects. This study explores the impact of BRI on environmental regulations and green investment in Southeast Asia, given the importance of sustainable development in the global economy. Research methods include document analysis, project reports, academic literature, and interviews with stakeholders, as well as case studies. The results show that BRI is driving the transformation of environmental regulations in countries such as Viet Nam, Indonesia, and Thailand, and facilitating the shift towards green investment. Investments in renewable energy, sustainable urban planning, and green technology are growing. Despite challenges such as high costs and alignment of interests, BRI opens up opportunities for international cooperation and green market development. This research emphasizes the need for a multifaceted approach to balance economic growth and environmental protection.
Analysis of Law Enforcement on the Case of THTI TNI Soldiers at the Medan Military Court Gurning, Romiduk; Zulyadi, Rizkan; Ramadhan, M. Citra
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.495

Abstract

This study aims to analyze the legal regulation and law enforcement against the crime of absenteeism without permission (THTI) carried out by TNI soldiers at the Medan Military Court, as well as the relationship between the Military Criminal Code (KUHPM) and the Criminal Code (KUHP). The research methods used are normative juridical and empirical juridical, with legislative, case, and conceptual approaches, as well as data collection through document studies and interviews. The results of the study show that legal arrangements related to THTI have been comprehensively regulated in Article 87 of the Criminal Code, with sanctions aimed at maintaining military discipline. Law enforcement against the THTI case at the Medan Military Court is carried out through the stages of investigation, investigation, prosecution, and execution of the verdict. The relationship between the Criminal Code and the Criminal Code reflects the principle of lex specialis derogat legi generali, where the Criminal Code is prioritized for TNI soldiers. However, there are challenges in determining jurisdiction in cases involving civil society, so coordination between military courts and general courts is needed. This study recommends increasing the socialization of the rule of law to soldiers, strengthening the capacity of military legal officers, and moral development to prevent THTI violations. With this step, it is hoped that the handling of THTI cases can run more effectively and fairly in accordance with the principles of military law and general criminal law.
Sosialisasi Aspek Hukum dan Psikologi Terhadap Judi Online dan Pinjaman Online Bagi Generasi Muda di Kecamatan Sunggal Zulyadi, Rizkan; Munawir S, Zaini; Hasmayni, Babby
Nanggroe: Jurnal Pengabdian Cendikia Vol 3, No 11 (2025): February
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This community service activity carried out by the young generation of Krio village, Sunggal District, North Sumatra aims to provide education on the Legal and Psychological Aspects of Online Gambling and Online Loans and the impact of online gambling and online loans on the future and mental health of the Young Generation. Providing an understanding of the importance of always being alert to the enticements and enticements of online gambling. Gambling is a criminal act that involves risking a certain amount of money where the winner will get all the money used as betting material. Gambling can harm society and damage the nation's morals. The rise of online gambling among the younger generation can be influenced by economic and environmental factors. The impact of gambling on financial management includes being wasteful, addictive, online gambling has many negative impacts. Among them are the social impact, namely lazy socializing, the material impact, namely if they lose, their money will run out, the religious impact, namely they will neglect worship because they play online gambling, as well as the achievement impact, namely their study and work achievements will decrease because they are lazy due to online gambling and online loans.
Law Enforcement on Illegal Watershed Cultivation in Simalungun Regency Siahaan, Richard; Zulyadi, Rizkan; Isnaini, Isnaini
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.507

Abstract

Law enforcement against illegal cultivation in the Watershed area is a significant challenge, especially in Simalungun Regency. This study aims to analyze the effectiveness of law enforcement against illegal cultivation, the obstacles faced, and the policies needed to overcome these problems. The research method used is a qualitative approach with data collection techniques through in-depth interviews, field observations, and document studies. The results of the study show that law enforcement efforts have been carried out through repressive approaches, such as joint operations and legal sanctions, as well as preventive approaches, such as socialization and education. However, its effectiveness is still hampered by limited resources, lack of coordination between agencies, resistance of local communities, and lack of accurate data related to watershed management. Some of the recommended strategic policies include capacity building for law enforcement officials, community empowerment through alternative livelihood programs, strengthening technology-based monitoring systems, and participatory approaches in policy formulation. The implementation of holistic and inclusive policies is expected to create a balance between environmental conservation and improving community welfare. This research emphasizes that sustainable watershed management requires synergy between legal, social, and technological approaches. Thus, law enforcement efforts are not only able to overcome legal problems but also build collective awareness to preserve the environment.
Sosialisasi Aspek Hukum dan Psikologi Terhadap Judi Online dan Pinjaman Online Bagi Generasi Muda di Kecamatan Sunggal Zulyadi, Rizkan; Munawir S, Zaini; Hasmayni, Babby
Nanggroe: Jurnal Pengabdian Cendikia Vol 3, No 11 (2025): February
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This community service activity carried out by the young generation of Krio village, Sunggal District, North Sumatra aims to provide education on the Legal and Psychological Aspects of Online Gambling and Online Loans and the impact of online gambling and online loans on the future and mental health of the Young Generation. Providing an understanding of the importance of always being alert to the enticements and enticements of online gambling. Gambling is a criminal act that involves risking a certain amount of money where the winner will get all the money used as betting material. Gambling can harm society and damage the nation's morals. The rise of online gambling among the younger generation can be influenced by economic and environmental factors. The impact of gambling on financial management includes being wasteful, addictive, online gambling has many negative impacts. Among them are the social impact, namely lazy socializing, the material impact, namely if they lose, their money will run out, the religious impact, namely they will neglect worship because they play online gambling, as well as the achievement impact, namely their study and work achievements will decrease because they are lazy due to online gambling and online loans.
Perlindungan Hukum terhadap Anak sebagai Penyalahguna Narkotika di Wilayah Hukum Polres Pelabuhan Belawan Saragih, Denny Hardi Pranata; Zulyadi, Rizkan; Siregar, Taufik
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (924.144 KB) | DOI: 10.34007/jehss.v5i3.1443

Abstract

The purpose of this study was to analyze the legal protection arrangements for child narcotics abusers and their obstacles in the Belawan Harbor Police Legal Area. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study indicate that the legal protection carried out against children as narcotics abusers in Indonesia based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has been regulated starting from the process of investigation, arrest, detention, prosecution, examination in court and correctional. The Belawan Harbor Police Resort has made efforts to protect children who use narcotics by fulfilling children's rights during the investigation process, as well as seeking to resolve cases through diversion. Various obstacle factors faced by the protection of children who abuse narcotics are deviant behavior from child suspects, pressure on children from narcotics networks, the detention time of children is relatively short, there are restrictions on diversion requirements as non-repetition of criminal acts, and the cost of resolving cases through diversion is relatively large for costs. rehabilitation and consultation costs. It is recommended that the police not use children to uncover narcotics networks. The government needs to consider revising the SPPA Law by removing the diversion restriction as regulated in article 7 paragraph (2). The government needs to consider fully covering the costs of rehabilitating children who use narcotics at a more reasonable cost standard.
Implementasi Penyelesaian Sengketa Pertanahan Melalui Mediasi Oleh Kantor Pertanahan Kota Medan Martha, Andhyka; Ramadhan, M. Citra; Zulyadi, Rizkan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (974.373 KB) | DOI: 10.34007/jehss.v5i2.1392

Abstract

This article aims to analyze land problems that arise from economic, social and cultural aspects and even religion. For this reason, the issue of non-litigation land dispute resolution, especially mediation, is very interesting. The research method used is applied law research which combines two normative-empirical legal studies. The starting point of this research itself departs from the problem of typology of land disputes in the city of Medan and the resolution of land disputes through mediation by the Medan City Land Office as well as obstacles in resolving land disputes through mediation at the Medan City Land Office? The results showed: First, the typology of land disputes that occurred in the city of Medan was based on problems, land tenure and ownership, procedures for determining land rights and registration, boundaries and/or location of land parcels, land reform objects, land acquisition, and implementation of court decisions; Second, the settlement of land disputes through mediation by the Medan City Land Office based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning No. 21 of 2020 concerning Handling and Settlement of Land Cases is related to the Decree of the Head of the National Land Agency of the Republic of Indonesia Number 34 of 2007 concerning Technical Guidelines for Handling and Settlement of Land Problems Jo. Technical Instructions No. 05/Juknis/d.v/2007 concerning Mechanism for Implementation of Mediation; Third, the obstacles in resolving land disputes through mediation at the Medan City Land Office can be seen from the aspects, legal substance, legal structure and legal culture. The results of the study reveal that there is a need for improvement in laws and regulations related to the formation of legal rules that guide the implementation of land dispute resolution through integral and comprehensive mediation and human resources (peace maintenance). legal culture in increasing public legal awareness.
Analisis Yuridis Terhadap Pencurian Hasil Kebun Kelapa Sawit Rakyat Setelah Terbitnya Peraturan mahkamah Agung (Perma) No. 2. Tahun 2012 Ginting, Sejahtera Immanuel; Isnaini, Isnaini; Zulyadi, Rizkan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1028 KB) | DOI: 10.34007/jehss.v5i2.1388

Abstract

he rise of criminal acts of theft of oil palm plantations is mainly due to law enforcement that is not firm in the sense that it cannot have a deterrent effect on perpetrators of criminal acts. This is because many of the theft cases have a value of less than Rp. 2,500,000, so it is considered a minor crime. This causes people who have lost most of their livelihoods to feel frustrated, causing some people to lose their minds by taking vigilante actions. Based on this, the formulation of the problem in this study: 1) What are the legal rules regarding theft after the issuance of Perma No. 2 of 2012 in Indonesia. 2) How to steal people's oil palm plantations afterithe issuanceiof Perma No. 2 of 2012 in the Legal Area of Hinai Police, Langkat Regency. 3) How to prevent the loss of smallholder oil palm plantations due to theft of plantation produce which is categorized as a minor crime. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study show that the legal regulations regarding light theft after the issuance of Perma Number 2 of 2012 in Indonesia are increasingly less strict. This is because the criminal threa in Article 364 of the Criminal Code, which is only 3 months old, means that suspects or defendants of minor crimes cannot be subject to detention, and the examination procedure used is a quick examination procedure. If referring to the provisions in the Criminal Code and Perma No. 2 of 2012 concerning the limits of adjustmen for minor crimes, then the act is categorized as a minor crime However, if the Plantation Law is used, the perpetrator of a crime will be subject to a threat of 4 years in prison. The police as law enforcer basically do not agree with the issuance of Perma No. 2 of 2012. Theft of people's oil palm plantations after the issuance of Perma No. 2 of 2012 in the Legal Territory of the Hinai Police, Langkat Regency, has long been a concern considering the losses caused to oil palm farmers. However, the handling of the perpetrators of the theft of people's garden products tends to be done by mediating, namely seeking so that the victims of theft can get proper compensation for the crops stolen by the perpetrators. The ways that can be done to prevent losses to oil palm plantation farmers due to the theft of their plantation products are: excluding the theft of people's plantation products from minor crimes by implementing the Plantation Law, carrying out strict law enforcement against gardeners who have been harmed by ninja, and urging the farming community to supervise their gardens more by collaborating among farming communities to narrow the space for thieves.
Print Legal Regulations on Preventive Policies in Handling Narcotics Crimes Sibarani, Henri Ritson; Ramadhan, M. Citra; Zulyadi, Rizkan
Journal of Public Representative and Society Provision Vol. 5 No. 2 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i2.527

Abstract

Drug abuse is a serious problem that has a negative impact on individuals, families, and society. Combating drug crimes in Indonesia requires not only a repressive approach, but also effective preventive policies based on the rule of law. This study aims to analyze the legal rules underlying preventive policies in combating drug crimes, with a focus on the effectiveness of implementation and the obstacles faced in the field. This study uses a normative legal method, which analyzes laws and regulations such as Law Number 35 of 2009 concerning Narcotics, Regulation of the Chief of Police No. 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, and Attorney General's Guidelines No. 18 of 2021 concerning Settlement of Narcotics Crime Cases Through Rehabilitation. The results of the study indicate that preventive policies have an important role in preventing drug abuse, especially through education, socialization, and cross-sectoral cooperation. However, the implementation of this policy is often hampered by weak coordination between institutions, limited resources, and low public awareness. Therefore, preventive policies supported by strong legal regulations and effective implementation can be a significant strategy in overcoming drug crimes. This study recommends the need for evaluation and improvement of regulations, increasing the capacity of implementers in the field, and strengthening community participation to create a safer environment free from the threat of drugs.
Co-Authors Aang Supono Abdul Hakim Siagian Abdul Kadir Abdul Lawali Hasibuan Adelina Lubis Ahmad Feri Tanjung Aldi Suprianto Alvin Hamzah Nasution Amrin Mulia Utama Nasution Andi Hakim Lubis Andika Pratama Ane Fransiska Sianipar Anggreini Atmei Lubis Anggreni Atmei Lubis Arie Sofandi Palih Arifin, Syasyain Ariman Sitompul Asdi Syukur Dalimunthe Atrizka, diny Babby Hasmayni Beby Masitho Batubara Bobby Hartanto Sinaga Chairany, Dian Nitha Chantika Mayzira Chindy Lovica Br Bangun Cholilah Hanum Dahnial Saragih Dedek Efri Wibowo Dedi Harianto Denny Hardi Pranata Saragih Dessy Agustina Harahap Dessy Dara Lampabe Dody Ichsan Ramadhan Duha, Wiraswan Ediwarman Ediwarman Ernis Sitinjak Eryanti Novita Fahrizal S.Siagian Fitri Yanni Fridoliavon Sahata Mangaloi Manik Friska Tumanggor Friwina Magnesia Surbakti Ginting, Sejahtera Immanuel Gurning, Romiduk Hariani, Riri Rezeki Haura Nurfadilla Lubis Hossain, Mohammad Belayet Hutapea, Marlon Dobik Ihsan Effendi Imanuel Widantara Pandia Irka Dony Hutasoit Irwadi, Irwadi Isnaini Isnaini Ivan Roberth Sitompul Jaya Prana Pinem Jaya Syah Putra Jayenov Isak Jhovindo Sitorus Jikri Sinurat Jogi Septian Bangun Panjaitan Karonika Gurusinga Lase, Agilber Gamaliel Leonyta Rotua Lestari Aprilia M Fadli Ferdiansyah Putra M. Citra Ramadhan M. Citra Ramadhan M. Ridha Haikal M. Yusrizal Adi Syaputra Mahmud Mulyadi Mangantar Anugrah Siregar Marlina, Marlina Martha, Andhyka Martinu Jaya Halawa Marudut Hasiholan Gultom Marviana, Ratna Dina Maswandi Meta Junita Nababan Mierna Zulkarnain Mirza Nasution Montayana Meher Muazzul Muazzul Muazzul, Muazzul Muhammad Andika Bahri Muhammad Citra Ramadhan Muhammad Khotomi Tarigan Muhammad Raihan Rizqullah Muhammad Rifkih Alfaris Muhammad Yusrizal Adi Syaputra Muhammad Yusuf Munawir, Zaini Muslim Wijaya Nainggolan, Parlin Nantama Mulyana Nasution, Sulhan Iqbal Nina Angelia Nindya Dhaneswara Nindya Dhaneswara Panji Wibisana Parulian Sihotang Paulus H Sinaga Permata, Intan Namira Posma Tumanggor Pratama, Ikbar Pratesta, Oxy Yudha Prayuri, Shalsya Savira Purba, Jeni Indriani Rafiqi Rafiqi Rahalim Raja Muda Harahap Rahmad Gaol Hasibuan Rahmadysah, Andi Rajarif Syah Akbar Simatupang Regen Manik Renal Eldinata Samosir Retna Astuti Kuswardani Ridha Haykal Ridho Mubarak Riswan Munthe Rizkan Ernis Sitinjak Rizki Dwi Wira Siregar Sahari, Alpi Saragih, Denny Hardi Pranata Sari Bulan Tambunan Serimin Pinem Serimin Pinem Serimin Pinem Sharon Yudha Ginting Siahaan, Richard Sianturi, Ronald Hasudungan Sibarani, Henri Ritson Sihaloho, Jessica Angelin Sihar Maruli Tua Sihotang Simanungkalit, Monica Dameria Vicarista Sipayung, Jekson Siregar, Lengkap Suherman Sitepu, Chechilia Winri Putri Siti Nur Khadijah Sormin, Anggreana Elisabeth Roria Sri Hidayani Sri Pinem Sri Wahyuni Srimin Pinem Suhaidi Suhaidi Suhaira Marbun Suprihanto Pardjanihadi Syafruddin Ritonga Syam, Ismail Syaputra, M. Yusrizal Adi T. Erwinsyahbana Tanjung, Master Sahat Maruli Tuah Purba Taufik Siregar Taufik Wal Hidayat Tomy Mangaratua Butar-butar Tona Simanjuntak Tri Nova Eka Putri Sinamo Triono Eddy Wahyu Indrajaya Wenggedes Frensh Wenggedes Frensh Wessy Trisna Widya Maylin Sinurat Windy Anggraini Yudha Pratesta, Oxy Zhang Jing Ziko Hamdi