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All Journal JURNAL MERCATORIA Jurnal Yuridis Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora
Syaputra, Muhammad Yusrizal Adi
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Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Pekerja Atas Pemberian Upah Terkait Berakhirnya Masa Kerja (Studi Putusan Nomor 349/Pdt. Sus-PHI/2021/PN Mdn) Andrean, Ryan; Mubarak, Ridho; Syaputra, Muhammad Yusrizal Adi
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.v5i2.1913

Abstract

Legal protection of workers is intended to guarantee the basic rights of workers and ensure equal opportunities and treatment without discrimination on any basis to realize the welfare of workers. The research method uses normative juridical, with a legislative approach and data collection techniques using primary data and secondary and tertiary data. The result of the research is that the application of wages to workers in Decision Number 349/Pdt. Sus-PHI/2021/PN Mdn is to reject because it cannot present evidence, namely a note from the Labor Inspector regarding wage shortages and evidence must be by the request. After all, it is used to strengthen the judge's belief. The form of legal protection for the implementation of the minimum wage in Decision Number 349/Pdt. Sus-PHI/2021/PN Mdn is contained in Article 1 number 30 of the Manpower Law which regulates wages made based on a work agreement where the form of agreement in this decision is an Indefinite Time Work Agreement which was made orally at the beginning of the employment period and ratified through a decision from the panel of judges.
Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra Lubis, Muhammad Ansori; Syaputra, Muhammad Yusrizal Adi
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11989

Abstract

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.
The Government's Role in Public Services regarding Information Disclosure on Electronic KTP Recording at the Medan Baru District Office Lubis, Fachrizaly; Jamillah, Jamillah; Syaputra, Muhammad Yusrizal Adi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 2 (2023): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i2.1672

Abstract

Public services are services provided by the government as state administrators to the community, Electronic KTP is a population document containing a security / control system from both the administrative and information technology side based on the national population database. The type of research used is normative juridical and the nature of the research used is descriptive analytical. The data collection technique used 2 (two) methods, namely library research and field research. Data analysis was carried out qualitatively. The results of research in 2011 the population of Medan Baru Subdistrict is estimated to have reached 57,962 people, the management of KTP is recorded and documented in a special agenda book of Electronic KTP, it is absolutely necessary to have valid population data and already have a NIK and photo recording, signature, fingerprint, and population iris, the results of the discussion of Law Number 24 of 2013 in Article 1 number 21 concerning the population administration information system, the government provides data verification services, photo recording, signatures, fingerprints and iris of the population at the Electronic KTP service place, lack of blanks from central government, lack of clear information for the public and limited Electronic KTP security tools, in conclusion, Electronic KTP contains a security code and electronic records as a means of verification and validation of a person's identity data.
Upaya Sterilisasi Diri Pengguna Narkotika dari Lingkungan Narkoba sebagai Bentuk Perlindungan Hukum Dewi Siregar, Fitri Yanni; Syaputra, Muhammad Yusrizal Adi; Nuranasmita, Tengku; Syafitri, Rismada Anggun; Qolbi, Mhd. Hidayatul; Silalahi, Tegar Fransiskus
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 4 No. 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v1i2.18826

Abstract

Abstrak: Penyalahgunaan narkotika di Indonesia banyak terjadi di kalangan remaja usia produktif, hal ini dikarenakan faktor lingkungan pergaulan di kalangan remaja. Undangundang No 35 tahun 2009 tentang Narkotika dibentuk untuk menekan angka penyalahgunaan narkotika dan peredaran gelap narkotika di Indonesia. Metode pelaksanaan terdiri dari dua tahap yaitu tahap persiapan serta tahap pelaksanaan sosialisasi. Keseluruhan rangkaian berjalan dengan baik dengan meningkatnya pemahaman masyarakat adalah guna mengetahui perlindungan hukum terhadap pecandu dan korban penyalahgunaan narkotika dan upaya mempertahankan diri agar tetap steril dari lingkungan narkoba terutama bagi masyarakan binaan di Panti Rehabilitasi Amelia Sumatera Utara. Lembaga rehabilitasi medis dan rehabilitasi sosial yang ditunjuk oleh pemerintah untuk mendapatkan pengobatan dan/atau perawatan melalui rehabilitasi medis, dan rehabilitasi sosial. Sifat wajib untuk rehabilitasi medis dan rehabilitasi sosial ini seharusnya menjadi landasan yang penting bagi hakim untuk mengambil tindakan dalam memutus perkara terhadap korban dan penyalahgunaan narkotika. Namun sifat wajib dari rehabilitasi ini Pasal 54 dengan pasal 127 UU Narkotika sangatlah berhubungan. Dapat dilihat dalam pasal 127 ayat (2) disebutkan bahwa hakim wajib memperhatikan ketentuan pasal 54, pasal 55, dan pasal 103 dalam menjatuhkan putusan. Namun meskipun bersifat wajib, dalam pelaksanaannya tetap bergantung pada penyidik dan penuntut umum. Efforts to Self-Sterilize Drug Users from the Drug Circle as a Form of Legal ProtectionAbstract: Abuse of narcotics in Indonesia occurs a lot among teenagers of productive age; this is due to environmental factors among adolescents. Law No. 35 of 2009 concerning narcotics was formed to reduce the number of narcotic abuses and illicit trafficking of narcotics in Indonesia. The implementation method consists of two stages, namely, the preparation stage and the implementation stage of socialization. The whole series went well with increasing public understanding about legal protection for people with addiction and victims of narcotics abuse and efforts to maintain themselves to remain sterile from the narcotics environment, especially for the people assisted at the Amelia Rehabilitation Center, North Sumatra. The government appoints medical rehabilitation and social rehabilitation institutions to receive treatment and care through medical rehabilitation and social rehabilitation. The mandatory nature of medical rehabilitation and social rehabilitation should be an essential basis for judges to take action in deciding cases against victims of narcotics abuse. However, the mandatory nature of this rehabilitation, Article 54 and Article 127 of the Narcotics Law, are closely related. It can be seen in Article 127 paragraph (2) that the judge must pay attention to the provisions of Article 54, Article 55, and Article 103 in making a decision. However, even though it is mandatory, its implementation still depends on investigators and public prosecutors.
Fulfillment of Child Support After Parental Divorce: A Comparison of Indonesia and Malaysia Syahrin, M. Alpi; Hellen Last Fitriani; Syaputra, Muhammad Yusrizal Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6414

Abstract

Children's rights are an important part of internationally recognized human rights and are guaranteed by national laws, including in Indonesia. Fulfillment of children's rights involves the responsibilities of the government, society, and family, with a focus on civil rights, health, education, and children's participation. One of the main aspects of protecting children's rights is child support, which is the obligation of parents, especially fathers, both in marriage and after divorce. This study aims to analyze the fulfillment of child support after parental divorce from a comparative legal perspective between Indonesia and Malaysia. This study is a normative legal study with a conceptual, comparative, and legislative approach. The results of the study confirm that the comparison between Indonesia and Malaysia shows similarities in basic principles regarding the obligation of fathers to provide support, but there are differences in the law enforcement mechanism. In Malaysia, the sharia court system and the Family Support Agency (BSK) allow deductions from fathers' salaries to ensure payment of support, while in Indonesia, law enforcement depends on the judge's decision. Differences also lie in the position of Islamic law, where Malaysia makes Islam the official state religion, while Indonesia recognizes Islam as a source of legal values, but does not make it a formal state law. Nevertheless, both countries still prioritize the best interests of children in regulating custody and support after divorce.
DINAMIKA PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA Pinem, Srimin; Zulyadi, Rizkan; Syaputra, Muhammad Yusrizal Adi
Jurnal Yuridis Vol 10 No 2 (2023): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

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

Abstract

The debate on eradicating criminal acts of corruption for criminal law reform is legal and theoretical. This article discusses an important aspect of eradicating criminal acts of corruption in criminal law reform, namely how the position of the law applied in criminal law reform is seen in society from a legal theory perspective since the passing of the New Criminal Code in Indonesia. This problem was analyzed theoretically using normative legal research methods and the conclusion was obtained that the dynamics of eradicating corruption in Indonesia since the enactment of the New Criminal Code will experience a slowdown in the law enforcement process. This is because there are several articles that do not have firmness and legal certainty, such as article 603 of the new Criminal Code which reduces the sentence period for corruptors. The New Criminal Code has made corruption offenses the same as general offenses, so that they no longer have special characteristics or fall into the category of special crimes. Therefore, the Government should review the articles related to corruption offenses in the New Criminal Code so that the legal regulations do not experience a setback compared to the Corruption Eradication Law. Apart from that, there must be synchronization of regulations between the New Criminal Code and Law Number 30 of 2001 concerning the Eradication of Corruption Crimes.
The Role of Villages in Implementing Quality General Elections in Indonesia (Poritibi Lama Village Study) Syaputra, Muhammad Yusrizal Adi; Munthe, Riswan; Lubis, Anggraeini Atmei
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5594

Abstract

Village involvement in creating quality elections is the responsibility of the village government through political education of village communities. The 2020 simultaneous elections were held in 270 regions consisting of 9 provinces, 224 regencies and 37 cities throughout Indonesia. Karo Regency is one of 37 regions holding regional head elections. Karo Regency, which has 259 villages, can be seen from the general election statistical data as an area that has a very low level of community participation in elections, meaning that community involvement in exercising their political rights is not significant. The percentage of total community participation in Karo Regency has not yet reached 50 percent. This shows that the level of community participation is not yet good, because it has not been able to approach the political participation target set by the KPU of 77.5 percent. This research will examine the role of the village government in improving the quality of fair and high-quality elections, as well as examine the obstacles of the village government in implementing political education and village community participation in elections. The analytical method in this research uses empirical juridical research. Data comes from primary data. Data collection instruments are observation, documentation studies and interviews, while data analysis uses descriptive analysis. This research produces findings that the village government plays a role as a government institution that has an influence on increasing community participation through community political education, collecting community data for voter data which is submitted to the Regional General Election Commission (KPUD), conducting outreach about elections to the community, providing village security during voting. The second result shows that the village government has not implemented the function of political education for the people well. The factors that hinder the Partibilama Village Government in political education are the lack of human resources in Partibilama Village, financial factors of the village government and cultural factors of the Partibilama Community..
Penyelesaian Sengketa Ketenagakerjaan Terhadap Pekerja Atas Penahanan Ijazah Dalam Perjanjian Kerja Waktu Tertentu Di Dinas Tenaga Kerja Sumatera Utara Wibowo, Fernanda; Syaputra, Muhammad Yusrizal Adi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 2 (2025): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i2.6679

Abstract

This study aims to analyze the role of the North Sumatra Provincial Manpower Office in resolving disputes over the withholding of diplomas in employment relationships based on the Fixed-Time Work Agreement (PKWT), as well as examining the legal rights and obligations of the parties in resolving labor disputes based on Circular Letter Number M/5/HK.04.00/V/2025 concerning the Prohibition of Retention of Diplomas and/or Personal Documents Belonging to Workers/Laborers by Employers. This study uses a normative juridical method with a qualitative descriptive approach. Data was obtained through literature studies and interviews with the Manpower Office. The study's results indicate that detaining a diploma without a valid legal basis can be considered an unlawful act and is contrary to the principle of worker protection as stipulated in Law Number 13 of 2003 concerning Manpower and related laws and regulations. Additionally, the Manpower Office plays a crucial role in facilitating dispute resolution through mediation and protecting workers' rights. This research emphasizes the urgency of strengthening policies and law enforcement to prevent the practice of withholding diplomas that are detrimental to workers and maintain the balance of industrial relations.
Co-Authors Andrean, Ryan Fitri Yanni Dewi Siregar Hellen Last Fitriani Jamillah Jamillah, Jamillah Lubis, Anggraeini Atmei Lubis, Fachrizaly Lubis, Mhd. Ansori M. Alpi Syahrin Mubarak, Ridho Nuranasmita, Tengku Pinem, Srimin Qolbi, Mhd. Hidayatul Riswan Munthe, Riswan Rizkan Zulyadi Silalahi, Tegar Fransiskus Syafitri, Rismada Anggun Wibowo, Fernanda