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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) ARBITER: Jurnal Ilmiah Magister Hukum Pelita Masyarakat Journal La Sociale Locus Journal of Academic Literature Review Journal of Public Representative and Society Provision

Ramadhan, M. Citra

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Author-ID : 1562307

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Analisis Hukum terhadap Benda Jaminan Fidusia yang Digadaikan oleh Debitur Kepada Pihak Lain Pasaribu, Enni Martalena; Minin, Darwinsyah; Marlina, Marlina; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The research aims to examine the transfer of ownership rights of an object on the basis of trust provided that the object whose ownership rights are transferred remains in the possession of the owner of the object. While the fiduciary guarantee is a fiduciary guarantee institution that can be used to bind the collateral object in the form of movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights. But sometimes the fiduciary collateral is not always the fiduciary giver (debtor) as is mortgaged. Based on this the authors are interested in conducting more in-depth research about collateral objects that are mortgaged by the debtor to other parties. The approach method used in this research is empirical juridical. The data obtained is guided by the empirical aspects that are used as a tool. The research results obtained that the provisions regarding fiduciary guarantees are regulated in the contractual agreement clause by the finance company (PT. SMS Finance and PT BAF Medan Branch) and if not clearly regulated then the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees apply.

Aspek Hukum Lembaga Paksa Badan Terkait Penahanan terhadap Debitur Pailit Siregar, Bismar Parlindungan; Ginting, Budiman; Sikumbang, Jusmadi; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

The purpose of this study is to look at how regulations regarding forced agency (gijzeling / hostage-taking) based on Articles 209 to 224 HIR and Articles 242 to 258 R.Bg, are things that are contrary to human rights and other related regulations. Normative Juridical Approach, namely research focused on studying the application or rules or norms in positive law. There are 2 (two) data collection methods, namely the library research method and the field research method. The results and discussion through the process of developing regulations that apply to forced agency (gijzeling), at this time, this has been revived with the enactment of the Supreme Court Regulation (PERMA) No. 1 of 2000 concerning Forced Institutions, and has been absorbed by the bankruptcy law itself. The issuance of this regulation created the birth of a situation regarding the regulation of the problem of detention of a debtor in Indonesia, which in general has been regulated in Law No. 8 of 1981 concerning Criminal Procedure Law, it is necessary to have restrictions such as what to implement these two regulations, so that it becomes a differentiator in its enforcement.

Analysis of the Role of Advocates in Industrial Relations Dispute Resolution: The Case of the Medan Manpower Office Limutra, William Leonardy; Siregar, Taufik; Ramadhan, M. Citra
Journal of Public Representative and Society Provision Vol. 4 No. 3 (2024): 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.v4i3.464

Industrial relations dispute resolution is an important issue in the world of labor that requires the right legal approach. This study aims to analyze the role of advocates in resolving industrial relations disputes at the Medan City Manpower Office, especially in the mediation and litigation stages. The research method used is a qualitative approach with data collection through in-depth interviews, observations, and document studies. The data were analyzed descriptively by relating them to relevant theories and legal frameworks. The results of the study show that advocates have a strategic role in helping the parties to the dispute understand their rights and obligations, both through legal consultation, assistance in mediation, and legal representation in the litigation process at the Industrial Relations Court. In addition, advocates also contribute to the preparation of legal documents that support client claims. However, there are a number of obstacles faced by advocates, such as low legal understanding from the parties to the dispute, limited competence of mediators, and lack of supporting evidence. This obstacle often prolongs the duration of dispute resolution and reduces the effectiveness of mediation. This study concludes that the role of advocates is very important in creating a fair and efficient dispute resolution process. However, improvements are needed in the dispute resolution system, such as increasing legal literacy, training mediators, and optimizing mediation procedures. This finding is expected to contribute to the development of better industrial relations settlement practices, especially in the city of Medan.

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

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.

Penegakan Hukum Terhadap Tindak Pidana Judi Togel Sidney di Kota Medan Yudhanto, Dimas; Munthe, Riswan; 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.v6i2.5335

This research aims to analyze law enforcement and the judge's considerations in handing down criminal decisions against perpetrators of Sidney gambling crimes in the Medan District Court decision Number 1293/Pid.B/2024/PN Mdn. Law enforcement of criminal acts of gambling shoul be carried out by considering every law and regulation. The research method used is normative juridical with data collection through library research in the form of books and legal journals and criminal regulations. Based on the research results, it was found that the enforcement of punishment in handing down criminal decision was that the Panel of Judges in handing down sentences did not comply with the applicable regulations because they only paid attention to Article 303 of the Criminal Code. The Panel of Judges should also consider Article 27 paragraph (2) of Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) which contains gambling. This was proven in the process of arresting the defendant, Rabndranath Pilay, who was using internet media by accessing the link www.dewatogel.com in his gambling activities. The judge's consideration in handing down criminal decision was to take into account more non-juridical aspects where the judge looked more at the defendant's background, economic situation and life of the defendant without considering the negative impact of gambling. The panel of judges should give the maximum possible punishment in order to eradicate gambling in society

Analysis of Law Enforcement Against Children as Perpetrators of Violent Theft: A Case Study of the Southeast Aceh Police Irvandi, Irvandi; Ramadhan, M. Citra; Frensh, Wenggedes
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.v5i1.494

Law enforcement against children as perpetrators of violent theft is a complex issue that requires special attention, especially in the application of the principle of restorative justice in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the applicable legal rules, the implementation of law enforcement by the Southeast Aceh Police, as well as the obstacles faced in handling cases of children as perpetrators of violent theft. The research method used is qualitative with a case study approach, which involves in-depth interviews, observations, and document studies. The results of the study show that the rule of law prioritizes the principles of child rehabilitation and protection through a diversion mechanism to prevent children from the formal criminal justice system. The Southeast Aceh Police has tried to apply this principle, despite facing various obstacles, such as limited facilities for children, lack of trained human resources, and low public understanding of the restorative approach. This research emphasizes the importance of a holistic approach that involves various parties to increase the effectiveness of law enforcement against children. Support in the form of training officials, improving child-friendly facilities, and community education is needed to ensure the success of a fair juvenile criminal justice system and support the social reintegration of child offenders. Thus, this system can function optimally to protect children's rights, create justice for victims, and restore social harmony.

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

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.

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

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 Hukum Terhadap Pembatalan Sertipikat Hak Atas Tanah Oleh Putusan Kepala Kantor Pertanahan Kota Medan No.80/Sk-12.71/VIII/2020 Damanik, Diko Rolan; Limbong, Dayat; Ramadhan, M. Citra
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

The purpose of this paper is to analyze the law against the cancellation of land rights certificates (Case Study of Certificate Cancellation by the Decision of the Head of the Medan City Land Office No. 80/SK-12.71/VIII/2020 based on the Medan High Court Decision No. 366/PDT/2012/PT. MDN). In analyzing the problem formulation with normative juridical specifications, the approach is based on the statutory approach, the Synchronization approach, the library approach and the analytical approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The results and discussion found that the cause of the certificate of land rights being canceled by the authorized institution because it was declared an administrative law record or administrative record or invalid based on an error in its issuance in accordance with the provisions in Article 107 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency (Permenag/KBPN). ) No. 9 of 1999 Jo. Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency no. 11 of 2016. Types of errors that result in administrative legal records as described in Article 107 of the Minister of Religion/KBPN No. 9 of 1999 are: a. procedural error, b. errors in the application of laws and regulations, c. subject error, d. object error, e. right type error, f. area calculation error, g. there is overlapping land rights, h. juridical data and physical data are incorrect or, i. other errors of an administrative law nature.

Perlindungan Hukum Terhadap Pemberi Pinjaman dalam Sistem Fintech Peer to Peer Lending (Studi pada Otoritas Jasa Keuangan Kantor Regional 5 Sumatera Bagian Utara) Khadijah, Siti Nur; Sunarmi, Sunarmi; Ramadhan, M. Citra
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

The problems discussed in this paper are How is the legal arrangement of lenders in the Peer To Peer Lending system, especially in the city of Medan where POJK is the foundation, How is the application of legal protection to lenders in the Peer to Peer Lending system, What are the obstacles and efforts on the part of the lender? lenders in the peer to peer lending financial technology system at OJK regional office 5, Northern Sumatra. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of related legal books, legal expert opinions, related legislation, related websites, and interview results. The results of this study show that legal protection for Lenders can be realized in a preventive manner based on Article 29 of POJK Number 77/POJK.01/2016, namely by applying basic principles for Providers and repressive legal protection based on Article 37 of POJK Number 77/POJK.01/ 2016 concerning Information Technology-based Lending and Borrowing Services and Article 38 of POJK Number 1/POJK.07/2013 in conjunction with POJK Number 6/POJK.06/2022 concerning Consumer and Community Protection in the Financial Services Sector. when it comes from a system error.

Co-Authors Agung Suharyanto Ardhana, Salsa Novia BUDIMAN GINTING Damanik, Diko Rolan Darwinsyah Minin Gurning, Romiduk Hery Widijanto Hutapea, Marlon Dobik IRVANDI, IRVANDI Isnaini Isnaini Jusmadi Sikumbang Khadijah, Siti Nur Limbong, Dayat Limbong, Wintar Limutra, William Leonardy Lubis, Muhammad Koginta Martha, Andhyka Meher, Montayana Pasaribu, Enni Martalena Putri, Ade Rahmadysah, Andi Riswan Munthe, Riswan Rizkan Zulyadi Rumagit, Joni Sibarani, Henri Ritson Silviana, Dini Simanjuntak, Hinzky Alestin Siregar, Bismar Parlindungan Siregar, Taufik Sunarmi Sunarmi Wenggedes Frensh Yudhanto, Dimas Zhang Jing

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