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All Journal ARBITER: Jurnal Ilmiah Magister Hukum

Zul, Muaz

Unknown Affiliation

Author-ID : 1562312

Law, Crime, Criminology & Criminal Justice

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Peran Polri dalam Menyelesaikan Perkara Pemakaian Tanah Tanpa Izin dari yang Berhak atau Kuasanya yang Sah Silaban, Jefriadi; Minin, Darwinsyah; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The formulation of the problem in this study is how the authority of investigators to handle cases of land use crime without permission from the rightful or legal authority and how to enforce the law against the land user without the permission of the rightful or authorized attorney in the North Sumatra Regional Police jurisdiction and its obstacles . Then the research method used is descriptive with normative juridical approach. The results of the research at the Directorate of Criminal Investigation of the North Sumatra Regional Police that, who conduct investigations into criminal cases of land users without the permission of the rightful or authorized attorney only at the Directorate of Criminal Investigation of the North Sumatra Police. Based on Article 166 paragraph (3) letter f of the National Police Chief Regulation Number 22 Year 2010 Concerning Organizational Structure and Work Procedures at the Regional Police Level (Polda), Ditsabhara carries out the technical fostering function of maintaining public order in the form of law enforcement of minor criminal offenses and TPTKP. As a result, the case settlement rate is low each year, ranging from 17.56% to 48.7%. This condition can lead to embezzlement of cases (quo vadis) and loss of public confidence in the performance of the North Sumatra Regional Police Directorate General Criminal Investigation.

Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia Saragih, Benny Leonard; Ediwarman, Ediwarman; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

Penyidikan Terhadap Tindak Pidana Penyalahgunaan Izin Lokasi Saragih, Julimaster; Marlina, Marlina; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Investigation This research has the aim of investigating and investigating a series of actions in terms of and in a way that will be stipulated in the law to find and gather evidence with evidence that makes minor violations occur and to determine suspects. This research is analytical descriptive with a normative juridical approach, using library materials (secondary material) or library law research that is broadly addressed to: research the principles of law, research on legal systematics, research on law synchronization, research on legal history and research against legal comparison. The results and discussion found that the location permit was issued by the Medan City Integrated Licensing Services Agency after obtaining the minutes of land technical considerations issued by the Medan City Land Office. The location permit is based on the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 5 of 2015 concerning Location Permit. The form of abuse of the location permit holder is to release the land area not to the actual rights holder but to an unauthorized third party, namely the cultivating community, which subsequently the location permit holder controls and manages the land. (Law Number 51 PRP of 1960 Article 6 Concerning Prohibition of Use of Land Without a Right or Authorized Authority).

Analisis Hukum Terhadap Pertanggungjawaban Pelaku Pidana Penggelapan (Studi Kasus Pada Pengadilan Negeri Lubuk Pakam) Manik, Bisker; Mulyadi, Mahmud; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

This study aims to look criminologically and juridically about crime in human actions that compromises the basic norms of society. Actions of elements that break the rules that live and develop in society. This type of research is analytical descriptive of juridical normative, the main material in this research is secondary data which is done by collecting material in the form of: Primary Legal Material, namely legal material in the form of laws and regulations, official documents that have authority related to the problem , namely the Criminal Code. Secondary Legal Material, which is all legal material which is an unofficial document publication including books, scientific works. Tertiary Legal Materials, i.e. materials that provide and explain primary and secondary legal materials, such as public dictionaries, legal dictionaries, scientific journals, magazines, newspapers and the internet that are still relevant to this research, research results and discussions to explain the elements the element of embezzlement consists of elements of subjective offense in the form of a deliberate offender to embezzle the assets of others as defined in the article of the law through the words: intentionally and the element of Oyective violation consists of: anyone's element, element of illegally controlling, object elements, elements partially or wholly owned by others and the object elements there are not for crime.

Peran Kepolisian dalam Penyidikan Tindak Pidana Korupsi (Studi pada Kepolisian Daerah Sumatera Utara) Siahaan, Herikson Parulian; Marlina, Marlina; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

The purpose of this study was to determine how the role of the police in the investigation of corruption, how the authority of the police in investigating corruption and how the obstacles faced by the police in investigating corruption in the North Sumatra Regional Police. This research is directed towards normative juridical legal research or doctrinaire which is also referred to as library research or document study because more is done on secondary data in the library. Normative or doctrinaire legal research proposed in this study is a study of legal principles by conducting research in the North Sumatra Regional Police. The results of the research and discussion explaining the regulation of the role of the police in investigating criminal acts of corruption are found in Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 31 of 1999 concerning Corruption Crimes as amended by Law No. 20 of 2001 and Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, in which of all the arrangements explained that the investigator included in the corruption case was the Republic of Indonesia's National Police Officer.

Pelaksanaan Tugas Dan Wewenang Dinas Ketenagakerjaan Dan Transmigrasi Kota Medan Marpaung, Rolando; Marbun, Jaminuddin; Zul, Muaz
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Labour inspection is done to monitor compliance with labor legislation that is operationally carried out by labor inspectors from the Department of manpower and transmigration of Medan which is also based on chapter XIV of Law No. 13 Year 2003 on Manpower. This study used qualitative research methods and naturalistic. Based on the results of the study found many workers in the city of Medan who have not received the basic rights in accordance with Law No. 13 Year 2003 on Manpower including non-payment of wages according to the minimum wage, termination of employment (FLE) and payment of overtime pay that does not comply with the provisions by employers. These workers feel their rights are not protected by the government, particularly the Department of Manpower and Transmigration as official employment field.

Co-Authors Darwinsyah Minin Ediwarman Ediwarman, Ediwarman Hery Widijanto Mahmud Mulyadi Manik, Bisker Marbun, Jaminuddin Marpaung, Rolando Saragih, Benny Leonard Saragih, Julimaster Siahaan, Herikson Parulian Silaban, Jefriadi

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