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All Journal LEGALITAS Indonesian Journal of Multidisciplinary Science Journal of Social Research LEGALITAS : Jurnal Ilmiah Ilmu Hukum Yuriska : Jurnal Ilmiah Hukum
Siahaan, Nomensen Freddy
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

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PERLINDUNGAN HUKUM TERHADAP CALON PENUMPANG YANG MENGGUNAKAN DAUR ULANG ALAT RAPID TEST ANTIGEN COVID-19 DI BANDARA KUALANAMU Siahaan, Nomensen Freddy
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 6, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v6i2.5887

Abstract

The Covid-19 pandemic does bring a variety of phenomena that occurs in the community, ranging from the social, economic, health, and others. One of the phenomena that occurs in the community is in the north Sumatra area. According to the news published, the North Sumatra Regional Police has appointed five employees at PT Kimia Farma Diagnostika as suspects in the case of recycling covid-19 antigen rapid test equipment at Kualanamu Airport.The method which was used in this Scholar Paper was Qualitative Research Method, a kind of Normative Legal Writing which was based on prescriptive library research concerning study of positive law. For the Primary Legal Materials, Scholar used references such as Act Number 8 Year 1999 regarding to Consumer Protection, etc. And for Secondary Legal Material, Scholar uses books, journals, papers, newspapers, and report of legal writing. Then, for Tertiary Legal Materials, Scholar used references such as legal dictionary, dictionary Indonesian-English dictionary and vice versa, etc.Consumer has rights that must be protected from legal perspectives.  Law Number 8 of 1999 concerning Consumer Protection Article 1 point (2) states that consumers are every user of goods and or services available in society, whether for the benefit of themselves, family, others, or other living beings and not for trading. It is crystal clear as regulated by our legislation, Consumer Protection must have a guarantee of legal certainty given to consumers in this case is passengers as consumers of covid-19 antigen rapid test equipment recycling does not get guaranteed legal certainty because the Covid-19 antigen rapid test tool they receive is used goods, unhygienic anymore.Try to imagine if the rapid test tool that has been used is used by passengers whose health condition is not good (in a sick condition orcarrying certain viruses or bacteria) and it transmits to the next passenger who uses the recycling of the Covid-19 antigen rapid test tool. No one can guarantee this because it is the act of selling recycling tools rapid test antigen Covid-19 is an illegal act (unlawful or not justified according to the law).Related to this case, the Government should internalize the production and distribution process of the swab tool in order to ensure the quality of its products so as not to defect or used. Moreover, this product is distributed in large quantities and in the pandemic period also so that it must be extra supervision so as not to be misused by irresponsible parties so that points can be met properly.
Commercial Law Review and Legal Politics Related To The Investment Value Gap of Apple Between Indonesia and Vietnam Siahaan, Nomensen Freddy; Wati, Agustina; Ventyrina, Ine
Journal of Social Research Vol. 4 No. 3 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i3.2476

Abstract

This  study  employs  normative  legal  research  methods,  which  focus  on  analyzing  legal norms and regulations relevant to the research topic. Normative legal research is a scientific procedure  aimed  at  discovering the truth  through logical  reasoning  based on the  established principles  of  law. This method  relies  on  the  systematic  examination  of  legal  materials, including legislation, case law, and legal doctrines, to provide a comprehensive understanding of  the  issue  under  study.  The  data  used  in  this  study  are primarily  secondary  in  nature, consisting  of  laws,  regulations,  legal  precedents,  and  scholarly  legal  commentaries  that  are pertinent  to  the  topic  of  Commercial Law dan Political Law. Once the relevant legal materials were collected, the data analysis process began with the systematic  interpretation  of  legal  texts,  focusing  on  their  application  to  sexual  violence  and commercial law. This included evaluating the purpose, scope, and application of laws, as well as identifying any inconsistencies or gaps. A comparative legal analysis was also employed, where necessary, to contrast Indonesian laws with international conventions and legal practices from  other  countries,  highlighting  differences  and  suggesting  improvements.  Finally,  the findings were synthesized to propose recommendations for enhancing legal protections against sexual violence and human trafficking. This detailed methodological approach ensures that the research is grounded in thorough legal analysis, enabling readers to understand the steps taken to collect and interpret the data without needing to refer to external sources.
PEMBENAHAN TERHADAP LEMBAGA PEMASYARAKATAN DAPAT MENIADAKAN OPSI HUKUMAN MATI BAGI NARAPIDANA DI INDONESIA (THE IMPROVEMENT OF QUALITY OF PENITENTIARY CAN ELIMINATE THE DEATH PENALTY OPTIONS OF CONVICTED CRIMINALS IN INDONESIA) Siahaan, Nomensen Freddy
Yuriska: Jurnal Ilmiah Hukum Vol. 10 No. 2 (2018): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v10i2.359

Abstract

After a long time was not heard to the public area, lately death penalty toward the criminal cases that classified as extraordinary crime are appear. The author discovers electronic article about the execution of the death penalty which is the prosecutor prepares to execute death penalty toward the drugs dealer. The president of Republic of Indonesia stated that it is necessary to give a deterrent effect to the convicted  criminal and keep the morality of Indonesian teenagers. According to my opinion, the author argues that it will be better and wiser if we discuss about renovating all of the Penitentiary in Indonesia than debating whether death penalty could be done in Indonesia or not, because it will be displeasure many parties, death penalty infringed the human rights of the convicted criminals and cause psychological burden to them, families, the executor of the death penalty, and other parties. Because if we have to improve the quality of the Penitentiary, if the function of Penitentiary for fostering moralily has been optimal or properly enough to the convicted criminals, Indonesia will be no longer need the death penalty option as sanction to the convicted crimanals including for the extraordinary crime (especially for drugs trafficking in our country). Penitentiary is one of the public services which aims for fostering the people that initially have bad habits (commited to the crime), so that they will have the awareness to change their bad attitude into the be better ones, will not harm others, and positively contributed to the society. Already Penitentiary’s conditions should be designed in such a way and as good as possible, so that the inmates feels like at their own home (like having a second home after his own home), and feel humaner to spend their days in the Penitentiary. The author believes that if the Penitentiary has been improved and optimized its function well, then the real purpose of Penitentiary will definitely achieved. As stated in Law Number 12 Year 1995 regarding to Penitentiary Article 2 which states "sanction system are organized in order to fostering the convicted criminals in order to be the real man, aware of their fault, improve themselves, and not to repeat the criminal act so that they can be friendly received by the community, can actively participated in the development of our country, and can socialize themselves as good citizen."Article 3 on this regulation also intensifies the function of Penitentiary "the function of Penitentiary is to prepare convicted criminals to be able to properly integrated to the society, so they can be accepted again as members of the public who are free and responsible ones."
Analysis of Commercial Law Studies, Its Influence on Inflation in A Country's Economy, and Legal Politics on The Phenomenon of Counterfeit Money Printing and Circulation in Indonesia Siahaan, Nomensen Freddy; Wati, Agustina; Ventyrina, Ine
Journal of Social Research Vol. 4 No. 5 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i5.2526

Abstract

The police dismantled a syndicate of counterfeit money making and circulation operating in the UIN Alauddin Makassar Library building. The police have identified 17 suspects with evidence worth hundreds of trillions of rupiah. This case began when one of the perpetrators paid motorcycle installments at one of the leasing companies on Jalan Pelita Lamengi, Bontoala Village, Pallangga District, Gowa Regency. The police who received the report intervened and finally uncovered this syndicate. This study employs normative legal research methods, which focus on analyzing legal norms and regulations relevant to the research topic. Normative legal research is a scientific procedure to discover the truth through logical reasoning based on the established principles of law. This method systematically examines legal materials, including legislation, case law, and legal doctrines, to provide a comprehensive understanding of the issue under study. The data used in this study are primarily secondary in nature, consisting of laws, regulations, legal precedents, and scholarly legal commentaries that are pertinent to the topic of Commercial Law dan Political Law. Once the relevant legal materials were collected, the data analysis process began with systematically interpreting legal texts, focusing on their application to sexual violence and commercial law. This included evaluating the purpose, scope, and application of laws and identifying any inconsistencies or gaps. A comparative legal analysis was also employed, where necessary, to contrast Indonesian laws with international conventions and legal practices from other countries, highlighting differences and suggesting improvements. Finally, the findings were synthesized to propose recommendations for enhancing legal protections against sexual violence and human trafficking. This detailed methodological approach ensures that the research is grounded in thorough legal analysis, enabling readers to understand the steps taken to collect and interpret the data without needing to refer to external sources. The author concludes that the meaning of a cause that is not prohibited or halal in the context of the agreement is related to the agreement's content or the goals to be achieved by the parties involved. The content of an agreement must not be contrary to law, morality, or public order. This is in accordance with the provisions of Article 1337 of the Civil Code, which explains that a cause is prohibited if the cause is prohibited by law or if the cause is contrary to morality or public order. This is where the problem occurs. The object of the counterfeit money trade turned out to violate the provisions of laws and regulations. Basically, the prohibition related to counterfeit money has been expressly regulated in Articles 26 and 27 of Law Number 7 of 2011 concerning Currency as follows: Article 26 jo. Article 36 Everyone is prohibited from counterfeiting rupiah, with a maximum penalty of imprisonment of 10 years and a maximum fine of Rp10 billion. If it is associated between political and legal purposes with the case of printing and circulation of counterfeit money, these activities cannot provide welfare to the community because if the circulation of counterfeit money is high and the public does not know that the money is fake, it can interfere with the inflation of the Rupiah currency because there is too much money circulating in the community and it is getting out of control. If this continues, it will have an impact on the country's economic sector and can create an economic crisis in a country.
A Study of Commercial Law (Economic Law) and Legal Politics Related to the Trade Practice of Adulterated Rice Circulating in the Community Siahaan, Nomensen Freddy; Wati, Agustina; Ventyrina , Ine
Journal of Social Research Vol. 4 No. 10 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i9.2779

Abstract

The National Police's Food Crime Investigation Task Force (Satgas) has named three suspects in the case of alleged production and circulation of premium rice not in accordance with quality standards by PT Padi Internasional Makmur (PT PIM) which markets the Sania, Fortune, Sovia, and Siip brands. The determination of suspects was carried out after examining witnesses, experts, and laboratory tests that showed violations in the production and packaging process. Coordinating Minister for Food Affairs Zulkifli Hasan emphasized that the government responded to this case with a plan to eliminate the classification of premium and medium rice, so that only two categories remained, namely ordinary rice and special rice with certain permits such as Pandan Wangi, Basmati, and Japonica. This study uses normative legal research methods through the analysis of law, jurisprudence, and legal doctrine, especially related to commercial law and political law. According to the author, the practice of oplosan rice has an impact on the community's economy and has the potential to increase poverty rates, as revealed by the Central Statistics Agency. Facts on the ground show the weak quality control at PT PIM, with only one certified officer out of 22 employees. For his actions, the suspect can be charged with the Consumer Protection Law and the Money Laundering Law with the threat of severe punishment. This case shows that the circulation of oplosan rice threatens legal certainty, justice, and community welfare, and causes unrest because the rice consumed is not in accordance with quality standards
KASUS PEMALSUAN POLIS EKS AGEN SINARMAS MSIG LIFE YANG MELIBATKAN PEGAWAI BANK BESAR DIKAJI BERDASARKAN HUKUM BISNIS ATAU DAGANG (GOOD CORPORATE GOVERNANCE) DAN DUGAAN TINDAK PIDANA PENGGELAPAN Siahaan, Nomensen Freddy
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 8, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v8i1.7016

Abstract

Agen asuransi dan pihak terkait lainnya belum memenuhi unsur GCG karena menurut beritaterdapat transaksi Rp 82 miliar yang dilakukan oleh 7 korban ke rekening perusahaan, uangtersebut telah dikembalikan ke rekening yang tercantum di formulir pembukaan polis. Namundemikian, nasabah menyatakan tidak pernah menerima dana tersebut karena kemudiandiketahui bahwa rekening atas nama nasabah telah dipalsukan oleh karyawan bank yangbekerja sama dengan mantan agen.Peristiwa tersebut kemungkingkan besar memenuhi unsur-unsur dugaan penggelapan karenaterdapat 13 korban lagi yang mengaku telah melakukan pembayaran premi sebesar Rp133miliar, akan tetapi karena pembayaran tidak dilakukan ke rekening perusahaan maka kamimeminta bukti-bukti atas transaksi tersebut. "Proses verifikasi yang dilakukan mengalamiVOLUME 8 No. 1 JUNI 2023 ISSN CETAK 2597-968XISSN ONLINE 2548-82442cukup banyak kendala karena tidak dilakukan ke rekening perusahaan melainkan ke rekeningpribadi mantan agen. Sebagian transaksi dilakukan secara tunai, selebihnya dilakukan dengancara transfer namun ada sebagian yang malah mengaku bukti-buktinya telah hilang dan tidakberada di tangan korban.Untuk menerapkan metode ilmiah dalam penelitian, maka metode penelitian yang digunakandalam penelitian ini adalah metode penelitian deskriptif dengan pendekatan kualitatif.Metodologi pendekatan kualitatif adalah sebagai prosedur penelitian yang menghasilkan datadeskriptif.
Green turtles illegal trade based on commercial law and state administrative law perspectives Siahaan, Nomensen Freddy; Wati, Agustina
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 5 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i5.839

Abstract

Environmental ecosystems are the most important element in human life. Without a beautiful and healthy environment, humans will not live well. However, humans are greedy for the sustainability of environmental ecosystems, such as the illegal trade in green turtles that are not revealed to the public. This illegal trade disrupts the cycle of life and has a vast network, which is allegedly more numerous. This paper is a Normative Legal Research.  Normative Legal Research is a scientific procedure to find the truth based on the logic of the normative legal scientific. The scientific logic of normativeLegal Research is developed by the scientific concentrate and ways of thinking of normative jurisprudence and their objects are regulation themselves. In this case, both parties acting as Debtors and Creditors, namely the Seller and Buyer of Sea Turtles, have reached an agreement and fulfilled the elements of the agreement. Green turtles are animals that maintain the survival of seagrass and seaweed, which are protected by several regulations.
Sexual Violence And Its Relationship With Human Trafficking And The Provisions Of Commercial Law Siahaan, Nomensen Freddy; Wati, Agustina
Journal of Social Research Vol. 3 No. 10 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i10.2281

Abstract

This research discusses the phenomenon of sexual violence related to the practice of human trafficking and how the provisions of commercial law play a role in this context. Sexual violence is often part of the exploitation experienced by victims of human trafficking, where women and children are the most vulnerable groups. This study highlights how trade law regulations, both national and international, can affect human trafficking practices and efforts to prevent and enforce sexual violence. This analysis involves a multidisciplinary approach, combining legal, social, and economic aspects to provide a comprehensive understanding of the relationship between sexual violence, human trafficking, and commercial law. The results of this study are expected to contribute to the development of more effective policies in preventing and tackling human trafficking and protecting victims of sexual violence.
Co-Authors Ventyrina , Ine Ventyrina, Ine Wati, Agustina