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Perlindungan Hukum Terhadap Anak Korban Kekerasan: Studi Kasus Putusan Pengadilan Negeri Gunungsitoli Hia, Hipotesa; Mulyadi, Mahmud; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (333.275 KB) | DOI: 10.31289/arbiter.v1i2.114

Abstract

The purpose and benefits of this research are to find out violence against children in Gunungsitoli court, to find out legal efforts in protecting children against child abuse, to find out the inhibiting factors in protecting children in Gunungsitoli District Court. The benefit is to provide input to the Gunungsitoli district court regarding legal protection for victims of violence. This research is analytical descriptive, which means describing the facts studied and the relationship with the legislation, theories, and opinions of legal experts. Conclusions and advice on legal protection according to positive law Indonesia never guarantees the fulfillment of children's rights, especially the rights of children who receive an education. Hereby the state's legal obligations in child protection will depend on the positive laws that exist in the country, so that child protection can be adequate in the application of children, and efforts to protect children need support from the government and the community in terms of effective and comprehensive child comfort. In this case, given the increase in violence against children every year, it is necessary to have the legal protection that must be taken seriously by the government, the community and other non-governmental organizations.
Analisis Yuridis Kewenangan Penyitaan Harta Kekayaan Wajib Pajak oleh Juru Sita Pajak Julianty Siregar, Riana; Barus, Utary Maharany; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.574 KB) | DOI: 10.31289/arbiter.v2i1.124

Abstract

Tax collection in the form of confiscation is a follow-up to the implementation of forced tax collection due to the tax paid not being paid 2x24 hours after the date of notification with the statement and submission of the forced letter to the tax guarantor. The exercise of the authority of the tax bailiff at the East Medan Pratama tax service office is based on tax legislation in the area of taxation, which involves confiscation and hostage taking. In addition, the tax bailiff is also given the authority to enter and inspect all rooms including opening cabinets, drawers and places. others to find confiscated objects at the place of business, at the domicile, or at the place of residence of the tax guarantor, or at other place that can be suspected as a place to store confiscated objects in accordance with the provisions contained in Article 5 paragraph (3) of Law Number 19 of 2000 concerning Tax Collection by Forced Letter.
Analisis Hukum Pidana Terhadap Penanggulangan Kejahatan Illegal Logging Di Provinsi Riau (Studi Kasus di Pengadilan Negeri Pekanbaru) Sibarani, Anggiat; Arifin, Syamsul; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.946 KB) | DOI: 10.31289/arbiter.v1i1.101

Abstract

This study aims to look at one of the areas in Riau Province that is experiencing rapid forest degradation, Pekanbaru City, which is the Capital of Riau Province. The existence of forests in Pekanbaru City is only centered on the outskirts of the city and the Greater Forest Park area which is directly adjacent to the Siak Regency and urban forests which are spread in Pekanbaru City. The study was conducted in Pekanbaru City using a normative juridical approach concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. This type of approach emphasizes obtaining information in the form of legal texts relating to the object under study, the data collection tool is literature study and documentation study. The results and discussion in this study found that criminal formulations against illegal logging (Illegal Loging) contained in the Criminal Code, after the enactment of Law Number 41 of 1999 concerning Forestry against acts of utilizing forest products without the permission of the authorities, legal subjects both individuals, legal entities and business entities by not providing further explanation of the formulation of criminal acts so that criminal sanctions against individuals and corporations are also applied equally to criminal sanctions, there are still many weaknesses so that they are unable or ineffective to accommodate the novelty of forest destruction. and provide a deterrent effect for the offender. Prevention and Eradication of Forest Destruction as a solution to prevent and eradicate forest destruction with a policy that is more stringent and strict criminal law.
Politik Hukum Pidana Terhadap Penanganan Tindak Pidana Pencurian dengan Kekerasan yang Terjadi di Jalanan Kota Medan Sianturi, Jon Efendi; Marlina, Marlina; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.629 KB) | DOI: 10.31289/arbiter.v2i1.123

Abstract

The occurrence of a crime generally occurs due to causes outside the law. The problem in this research is to find the cause of criminal theft with street violence in Medan city. Applying the formulation of Criminal Political Law Policy to the Crime of theft with Violence on the streets and knowing the effort to overcome the crime of theft with street violence in Medan City by Medan City Police Resort. The research method used is the normative juridical method, with the leper approach (library reseacrh) that collects the data source from literature literature. Factors causing violent crime in Medan City can be categorized of psychology of the perpetrator, external factors composed of environment, economy, victims. Efforts made by the Medan City Police Officers in Countering Crimes of Violence, Creating Police Stations as Public Complaints Facility
Model Pencegahan Tindak Pidana Terorisme Berbasis Adat Dalihan Na Tolu di Tapanuli Selatan Harahap, Anwar Sadat; Siregar, Taufik
Pandecta Research Law Journal Vol 15, No 2 (2020): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v15i2.24678

Abstract

Beberapa tahun terakhir telah sering terdengar melalui media elektronik tentang tindakan terorisme di Indonesia. Tindak terorisme ini muncul, karena selain kurang tegas, adil dan bermanfaatnya materi pengaturan hukum tentang pencegahan tindak terorisme, juga disebabkan oleh kurang diberdayakannya potensi masyarakat adat dalam mencegah tindak terorisme. Hasil penelitian menunjukkan bahwa: 1) Pencegahan tindak pidana terorisme berdasarkan adat Dalihan na Tolu di Tapanuli Selatan dilakukan dengan aturan yang tercantum dalam: Filosofi adat adat Dalihan na Tolu, Sipaingot, Tutur dan Uhum dohot Patik 2) Jenis sanksi yang dikenakan kepada teroris: Sappal Dila, Dibondarkon, Dipaorot sian Marga, Dipaulak Salipi Natartar, dan Uhum Hatoban. Various criminal acts of terrorism continue to occur in Indonesia; even the numbers increase from year to year. These various acts of terrorism have arisen because, in addition to being less assertive, the legal provisions concerning the prevention of terrorist acts. Besides, the lack of involvement of indigenous peoples in preventing acts of terrorism as regulated in Article 43B paragraph (4) of Law Number 5 the Year 2018. This study aims to determine the role of Dalihan na Tolu adat in the prevention of criminal acts of terrorism. The research method used is empirical legal research methods. Prevention of criminal acts of terrorism carried out through the rules stated in philosophy, Sipaingot, Tutur, and Uhum dohot Poda. Then the traditional leaders' strategy in preventing the crime of terrorism is done by Providing examples of exemplary, Providing duties in maintaining security and order, Involving the community in every customary activity, and presenting children in customary activities. Furthermore, the types of sanctions imposed on terrorism offenders are: Dibondarkon sanctions (not involved in traditional activities), Sappal Dila sanctions (inviting people to eat in the same village), Dipaorot sian Huta sanctions (issued from villages), Dipaorot sian Marga sanctions (issued from the Marga), sanctions Diapaulak Salipi Natartar (returned to the communal land).
Analisis Hukum Peran Kejaksaan dalam Penuntutan Tindak Pidana Korupsi (Studi Kasus di Kejaksaan Negeri Tebing Tinggi). Tarigan, Edi Syahjuri; Marlina, Marlina; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v2i2.131

Abstract

This article discusses several issues, namely: how the legal position of the prosecutor's office in prosecuting criminal acts of corruption; how is the implementation of the position and role of the prosecutor in prosecuting criminal acts of corruption; and how to overcome obstacles in carrying out prosecutions of corruption. The research method used is the normative legal method, which analyzes and seeks answers to issues raised based on the substance of the law / legal norms contained in legislation, the Attorney General's Regulation, the Attorney General's Circular, and others. The results showed that the role of prosecutors in controlling criminal and non-criminal acts of corruption has not been maximized because there are obstacles in the implementation of their duties and authorities from both internal and external factors. In carrying out this task, the Attorney General's Office always strives to improve the quality of the management of tasks assigned to it, one of which is in handling corruption cases. Corruption practices that tend to increase are a serious matter for efforts to deal with law in Indonesia, especially the Attorney General's Office. 
Analisis Yuridis Perjanjian Co-Branding Gas Teknologi Map Antara Pt.Rinder Energia Consulting dengan PT. Pertamina Indonesia Purba, Ardiansyah Purba; Leviza, Jelly; Siregar, Taufik
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v2i2.128

Abstract

Along the development of the era of PT Pertamina it is deemed necessary to have business partners, especially oil and gas consultant company, PT Rinder Energia. It is expected that this business partner will have a positive impact for both parties, especially PT Pertamina as BUMN. One of the products that will be agreed by both parties is map map. This map map is a cutting-edge tool that will help PT Pertamina in exploring and producing better oil and gas. The formulation of the issues to be raised is how the rights and obligations of the parties in the contract of sale and purchase map map between PT Rinder Energia with PT Pertamina, whether the contract of sale and purchase map map is in accordance with the principles of contract law in Indonesia and how the form of dispute settlement In a contract between PT Rinder Energia and PT Pertamina Indonesia. The purpose and benefit of this research is to know the form of rights and obligations of the parties in the contract of sale and purchase map map between PT Rinder Energia with PT Pertamina. To find out the form of dispute settlement in contract between PT Rinder Energia and PT Pertamina Indonesia. The results of this study may be additional refrentions for students, lecturers, or readers interested in Civil Law, in particular Contract Law. This type of research is normative juridical that describes the review and explain and analyze normative provisions associated with the contents of the contract or agreement between PT. Rinder Energia with PT. Pertamina Indonesia in buying and selling map map. The research undertaken aims to examine the rules contained in a contract that has been agreed upon by both parties in accordance with applicable legislation. The implementation of the sale and purchase agreement in the form of a map between PT.RINDER ENERGIA and PT.PERTAMINA is basically an agreement born from the principle of freedom of contract. If one party makes a sale in the form of a map between PT.Rinder Energia and PT.Pertamina Indonesia then the dispute must be submitted to the arbitration tribunal in accordance with the provisions of BANI.
Dalihan Na Tolu as a Model for Resolving Religious Conflicts in North Sumatera: An Anthropological and Sociological Perspective Harahap, Anwar Sadat; Mulyono, Hardi; A. Nuzul, A. Nuzul; Milhan, Milhan; Siregar, Taufik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.13091

Abstract

It is undeniable that there are various social conflicts in Indonesia which involve various groups of people such as the religious conflict in Poso (2001), in Sampit (2001), in Ambon (2002) and others. Most of them were caused by uncertain, unfair, and misused regulations on keeping people’s religious tolerance. It was also caused by the lack of people’s empowerment in keeping religious tolerance. This study aims to examine dalihan na tulo as a mechanism for resolving religious conflicts in the Mandailing community, North Sumatra. This research uses juridical empirical methods, consisting of anthropological and sociological law approaches. Data were collected by means of interviews and literature studies. The result of the research showed that Dalihan na Tolu tradition based-model of maintaining religious tolerance and resolving conflicts in religious believers was done by using the philosophy of Dalihan na Tolu, Pastak-pastakni Paradaton, Uhum dohot Patik and Tutur dohot Poda. There are three types of negotiation system in resolving the conflicts: Tahi Dalihan na Tolu, Tahi Godang Parsahutaon, and Tahi Godang Haruaya Mardomu Bulung (big negotiation among the neighboring villages). Anthropologically and sociologically that the Mandailing community has proven successful in using adat as a resolution of religious conflicts, so as to create peace and order as a function of law in society.
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Lubis, Ikhsan; Siregar, Taufik; Koto, Ismail; Chansrakaeo, Ruetaitip; Sari Lubis, Duma Indah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
Perlindungan Hukum Terhadap Konsumen Obat Terkait Hak Atas Informasi Dan Petunjuk Penggunaan Dalam Bahasa Indonesia Di Kota Medan Zai, Kelvin Putra; Siregar, Taufik; Lubis, Mhd Ansor
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.1769

Abstract

Consumer Protection is all efforts to guarantee legal certainty to provide protection to consumers. For example, the circulation of drug products that do not include information and/or instructions for use in Indonesian, consumers may be disadvantaged if there is no complete and clear information on the drug labels. So that raises several questions about how the law regulates the circulation of drugs without a distribution permit, how are the legal arrangements for consumers regarding the right to information and instructions for using drugs in Indonesian and what are the legal responsibilities for distributing drugs without information and instructions for using Indonesian at the BPOM in Medan. The method used in this study is normative juridical, namely a research method that examines document studies, namely by using various data such as legislation, legal theory of court decisions. circulating in accordance with Law NO. 8 of 1999 concerning Consumer Protection, Article 8 paragraph 1 (j). The effectiveness of the government in supervising and implementing the rules that have been made is very necessary so that the law can work in accordance with the objectives of these laws and regulations, namely to protect the public from drug abuse as a result of the inclusion of inadequate information on drug use.