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Journal : JUNCTO: Jurnal Ilmiah Hukum

Analisis Putusan Terhadap Pelaku Tindak Pidana Penadahan Minyak Kelapa Sawit (Studi Putusan No. 238/Pid.B/2022/PN Mdn dan Putusan No. 653/Pid.B/2021/PN Mdn) Arischa, Andini; Hidayani, Sri; Lubis, Anggreni Atmei
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 1 (2024): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i1.2066

Abstract

This article aims to examine the process of sentencing for perpetrators of palm oil fencing and the considerations made by judges in deciding on cases related to palm oil fencing, based on rulings No. 238/Pid.B/2022/PN Mdn and No. 653/Pid.B/2021/PN Mdn. Therefore, the focus of this article is on the elements of the criminal act, fencing, and palm oil. The research method used in this study is normative research. Data were collected through a literature review approach and were subsequently analyzed qualitatively. This study concludes that there are factors that influence the severity of the punishment imposed on the perpetrators of palm oil fencing. The sentence given for No. 238/Pid.B/2022/PN Mdn is imprisonment for 6 months under Article 480 paragraph 2 of the Criminal Code, while the sentence for No. 653/Pid.B/2021/PN Mdn is imprisonment for 2 years under Article 480 paragraph 1 of the Criminal Code. This sentencing serves as a preventive measure against similar crimes.
Analisis Hukum Mengenai Wanprestasi oleh Debitur dalam Perjanjian Kredit dengan Bank (Studi Putusan Nomor: 290/Pdt.G/2021/PN Mdn) Chairunnisa, Siti; Isnaini, Isnaini; Hidayani, Sri
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 1 (2024): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i1.1794

Abstract

The credit agreement is binding on both parties. The offending party, especially those who do not comply with the agreement, will be subject to binding legal regulations and consequences. Legal consequences that must be borne by the offending party can be in the form of contract cancellation, compensation, and even fines. The research method used is normative juridical by conducting a case approach to Decision number 290/Pdt.G/2021/PN Mdn and related laws and regulations. The data analysis used is descriptive analysis with an approach to primary data and secondary data. The result of the research is that the legal rules regarding defaults on credit agreements are regulated in Article 1238 of the Civil Code. The mechanism for granting credit is carried out by paying attention to the 5C principle and the 7P principle. What is considered by the judge in handing down decision number 290/Pdt.G/2021/PN Mdn is the Exception of the Defendants, the evidence of the letters submitted by the Plaintiff and the Defendants, the Plaintiff's lawsuit.
Tinjauan Yuridis Tentang Penyelesaian Sengketa Pemutusan Hubungan Kerja di Perusahaan Badan Hukum (Studi Kasus Putusan Nomor 68/Pdt.Sus-Phi/2023/Pn Mdn) Saragih, Yuni Sari; Isnaini, Isnaini; Hidayani, Sri
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.v6i2.5233

Abstract

This article or paper aims to analyze the Dispute Resolution of Industrial Relations Disputes Between Employees and Employers in Indonesia and analyze the Judge's Considerations in Deciding Industrial Relations Disputes Between Employees and PT. Tor Ganda Based on Decision Number 68/Pdt.Sus-PHI/2023/PN Mdn. This study uses a normative juridical method with analysis of primary and secondary legal materials to evaluate the resolution of industrial relations disputes and judges' considerations in Decision Number 68/Pdt.Sus-PHI/2023/PN Mdn. Qualitative analysis is carried out to understand the application of labor law and the protection of workers' rights. The results of the study show that the settlement of industrial relations disputes in Indonesia is carried out through bipartite, tripartite, and PHI mechanisms per the law. The case of PT. The Double Tor reflects violations of workers' rights, including wages and social security. The judge declared the layoffs invalid and ordered the payment of compensation. This ruling emphasizes the importance of clear work documentation and the company's compliance with the rules, to create fair industrial relations.