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Juridical Analysis of the Determination of Severance Pay for Employees Who Submit Resignations Based on Law No. 13 of 2003 on Employment and Law No. 11 of 20 2020 On Job Creation Febriyanti Irzansyah; Bernat Panjaitan; Nimrot Siahaan; Risdalina Siregar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5241

The purpose of this study is to find out about the determination of severance pay for employees who resign based on Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation. The method used in this study is normative juridical research method. Normative juridical research is legal research conducted by examining library materials or secondary data. In addition to using library materials, researchers also use statutory provisions related to the issues discussed in this article. The results of this study show that the determination ofseverance pay for employees who resign based on Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation is for employees who resign are not entitled to severance pay, but the employee is entitled to reimbursement and split money as stipulated in both laws.

Legal Study on the Establishment of Ibtidaiyah Madrasah (Mi) Ar-Ridho, Tanjung Mulia Village, Kampung Rakyat District, Labuhan Batu Selatan Regency Based on Law No 28 Year 2004 Concerning Amendment to Law Number 16 Year 2001 Concerning Foundations Muhammad Muiz Hariansyah Hasibuan; Bernat Panjaitan; Nimrot Siahaan; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4610

This research was conducted to find out about the establishment of Madrasah Ibtidaiyah Ar-ridho, Tanjung Mulia Village, Sub-District of Kampung Rakyat, South Labuhanbatu Regency based on Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2021 concerning Foundations. This research method The research method used by the author is an empirical normative research method, where this research uses the incorporation of normative legal elements and is then supported by adding data from field research. The approach taken by the author is an empirical juridical approach, namely an approach taken by looking at the reality that exists in practice in the field. This approach is also known as a sociological approach which is carried out directly in the field. This research was conducted on Protocol No. 01 Dusun Rantau Kapal Tanjung Mulia Village, Kampung Rakyat District, South Labuhanbatu Regency. This research was reviewed based on compliance with the Regulation of the Minister of Religion of the Republic of Indonesia Number 14 of 2014 concerning the Establishment of Madrasas organized by the Government and Madrasah Penegrian Organized by the Community.

Legal Perspective Regarding the Authority of the Police for Confiscation of Evidence of Traffic Violations at Labuhanbatu Police Lola Sefriany Pasaribu; Bernat Panjaitan; Nimrot Siahaan
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 2 (2023): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i2.7607

This Study aim for analyze Perspective law About Authority Police to Foreclosure Goods Proof Violation Police Traffic Labuhanbatu. This Study characteristic Normative - Empirical that is method combined research element law normative and supported with data or element empirical. This Method study is implementation provision from law normative (law) for incident law that happened in the middle society. The benefits will accepted from results study This is For now and use study This as basis and theory in matter know and analyze Perspective Law About Authority Police To Foreclosure Goods Proof Violation Police traffic Labuhanbatu, study study this is also expected can help the Enforcers law specifically Police Republic of Indonesia For now and strengthen authority in handle Violation Accompanied traffic with foreclosure Goods Evidence. Research results show that kindly Law Party Police the Republic of Indonesia is authorized do foreclosure goods proof Violation Traffic, This As Proof exists Violation So cross done driver vehicle motorized as has been arranged in Legislation.

Legal Role By the National Land Agency of Labuhanbatu District in the Settlement Land Disputes in Regency Area Labuhan Batu Dhiky Bryan Harpinansah; Bernat Panjaitan; Nimrot Siahaan
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 3 (2023): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i3.7661

This study aims to know as well as analyze about Role Law of the District National Land Agency Labuhanbatu in finish dispute land in the district area Labuhanbatu.Besides That know as well as analyze about obstacles that occur in settlement dispute land that occurs in the working area of the Regency National Land Agency Labuhanbatu. This Research including type study juridical empirical, or called with study field that is study provision applicable law as well as what happened in fact in society. Results of the discussion is role the law of the Regency National Land Agency Labuhanbatu in finish dispute land in the district area Labuhanbatu can taken with two method ie non litigation and litigation. Furthermore, the obstacles that occur in settlement dispute land that occurs in the working area of the Regency National Land Agency Labuhanbatu as following: exists party that doesn't have faith No well, low level participation party dispute in finish dispute land, Lack Source Power Human, No exists strict sanctions from the BPN if happen one intention disputing parties.

Legal Analysis Of Judge's Decision On The Imposition Of Criminal Sanctions For Placement Of Illegal Indonesian Migrant Workers Study Of Decision No. 107/PID.SUS/2024/PN RHL Bambang Hermanto; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1625

The method used in this study is normative legal research, namely research on problems by looking at the sources of applicable regulations related to the title of Legal Analysis of Judge's Decisions Regarding the Imposition of Criminal Sanctions for the Placement of Illegal Indonesian Migrant Workers Study of Decision No. 107 / PID.SUS / 2024 / PN RHL. The legal policy stipulated in this decision is based on Article 81 of Law of the Republic of Indonesia Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, as well as other relevant laws and regulations, so that the results of the decision try and determine that the defendant has been proven legally and convincingly guilty of committing the crime of "An individual who carries out the placement of Indonesian Migrant Workers". Sentencing the defendants to a criminal sentence, therefore, with imprisonment for 8 (eight) months each. In the theory of punishment, it must be guided by the basic values (grund norm) of the law itself which contain elements of justice, usefulness, and legal certainty. According to the author, in decision No. 107/PID.SUS/2024/PN RHL already contains an element of justice, because the judge does not favor one party and the punishment for the perpetrators of the crime is in accordance with the laws and regulations. The element of benefit is that the sentence imposed can have a deterrent effect on perpetrators of crimes who place Indonesian Migrant Illegal Workers illegally, also as an appeal to prospective Indonesian Migrant Illegal Workers to be more careful in choosing a company that places Indonesian Migrant Illegal Workers

Disparity Of Rokan Hilir District Court Decisions On Drug Crimes In 2024 Anton Anton; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1626

The method used in this article research is normative legal research, namely research on problems by looking at the sources of applicable regulations related to the title Disparity of Rokan Hilir District Court Decisions on Narcotics Crimes in 2024 The occurrence of disparities in sentencing basically starts from the sanctions contained in Law of the Republic of Indonesia No. 35 of 2009 concerning the Eradication of Narcotics Abuse, which opens up opportunities because there are minimum and maximum limits for sentencing, so that judges are free to move to get the punishment they think is appropriate. Application of criminal sanctions to perpetrators of actions. Drug Abuse based on several decisions in Indonesia is based on factors revealed in the trial, first the public prosecutor's indictment, second witness statements, third defendant's statement, fourth evidence and fifth based on articles in the legislation, Referring to the theory of justice, it can be said that the difference in imposing criminal sanctions on perpetrators of drug abuse has not touched the sense of justice either towards victims who feel disadvantaged, or towards the judge's verdict for perpetrators of drug abuse as stated in the opinion above. The difference in sentencing will have a negative impact on convicts who feel disadvantaged by the judge's decision if one convict compares him with another convict who is sentenced to a lighter sentence even though the crime committed is the same, the convict who is sentenced to a heavier sentence will become a victim of legal injustice so that the convict does not believe and does not respect the law;

Legal Responsibility Of Notaries In Making Authentic Deeds Based On The Civil Code Brian Werik; Sriono Sriono; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1671

A notary is a public official who is authorized to make authentic deeds in accordance with the provisions of the Notary Law (UUJN). Authentic deeds have perfect evidentiary power as regulated in the Civil Code (KUHPerdata). This study aims to analyze the legal responsibility of notaries in making authentic deeds based on the Civil Code. The research method used is the normative legal method with a statutory approach and case studies. The results of the study indicate that the responsibilities of notaries include civil, criminal, administrative, and professional ethics aspects. Notaries must carry out their duties with full responsibility in order to provide legal certainty for the community.

Analysis Of The Choice Of Fine As An Alternative Punishment In Criminal Offences In Rantauprapat District Court (Decision Study Number: 826/Pid.C/2024/PN.Rap) Ahmad Raja HP; Zainal Abidin Pakpahan; Nimrot Siahaan
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1772

The choice of fines as an alternative punishment in a criminal act regulated in legislation, but rather an inseparable part of the substance or material of the legislation itself, where judges rarely impose fines on defendants, even though fines are also a solution for the application of criminal law, this has been regulated in Article 10 of the Criminal Code, one of which mentions fines as part of a criminal act. The problem in this study is how the judge's considerations in deciding criminal fines contained in criminal cases, and how to apply criminal sanctions to perpetrators of criminal acts contained in the decision of criminal case Number: 826 / Pid.C / 2024 / PN.Rap., and the method in this study is normative juridical, with a case study approach, by drawing deductive conclusions. The results of this study are the judge's considerations in deciding criminal cases of fines contained in criminal cases, in fact the judge in making a decision has carried out legal considerations, so the judge will first draw the trial facts and is a cumulative conclusion from the statements of witnesses, the defendant's statement, and evidence submitted and examined in court, which is oriented to the dimensions of the locus and tempus delicti of the crime committed, after the trial facts are stated, in the decision the judge will consider the elements (bestenddelen) of the crime that has been charged by the prosecutor or public prosecutor which has a correlation between the facts of the crime charged and the elements of the defendant's guilt that will be sentenced to a fine, and the judge in imposing a fine through his considerations is very limited by the rules of punishment, because the judge has the freedom to determine the type of punishment as contained in Article 10 of the Criminal Code, be it imprisonment, confinement and or a fine. and the application of criminal sanctions for the defendants as in the decision of case Number: 826 / Pid.C / 2024 / PN.Rap. where the judge sentenced the defendant by applying Article 364 of the Criminal Code by adjusting to Perma Number 02 of 2012 concerning the limits of criminal law adjusted in the Criminal Code so that in fact the judge found the defendant had legally and convincingly committed the crime of minor theft as referred to in the Perma and other laws so as to impose a fine on the defendant in the form of a fine in the form of money amounting to Rp. 200,000.00 (two hundred thousand rupiah) with the provision that if the defendants cannot pay it, it will be replaced with imprisonment for 7 (seven) days since the decision was read and has permanent legal force.

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