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Process of Confiscation of Assets Proceeding from Crime of Selling Narcotics Carried Out by the National Narcotics Agency of Aceh Province Robby Dian; Kartina Pakpahan; Elvira Fitriyani Pakpahan
JUSTICES: Journal of Law Vol. 3 No. 1 (2024): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v3i1.102

Abstract

The background of this research is that disclosing the source of funds from the sale of narcotics is very important because wealth is the weakest point of crime with the principle of criminology which states that money is the blood of crime or what is more often known as Money is the blood of the crime. Funds from crime, in this case narcotics, are often reused to grow and finance the crime itself so that the crime becomes bigger and better organized, which results in this case being the case that narcotics crime itself becomes an organized crime. The result of this research is the process of confiscation of assets resulting from sales crimes. Narcotics carried out by the Aceh BNNP is carried out through a mapping stage process. The next stage is the confiscation stage after receiving a decision that has permanent legal requirements, where the assets are in the form of cash, which is immediately deposited into the state treasury by the Prosecutor's Office as non-tax state revenue (PNBP). Meanwhile, assets in the form of securities, movable or not, tangible or not, are managed by the Ministry of Finance. Constraints faced by the Aceh BNNP in the process of returning assets from the sale of narcotics are the limited capacity of human resources investigating money laundering at the Aceh BNNP and the limited research and inquiry budget. The crime of money laundering, the implementation of MLA, takes a long time and is not optimal due to clashes between legal systems. Prevention efforts carried out by the Aceh BNNP in dealing with Narcotics Crime are through the Hard Power Approach, Soft Power Approach, Smart Power Approach and Co-Operation.
Implementation of a Development Program for Elderly Convicts at the Class I Penitentiary in Medan Arifin Alexander; Kartina Pakpahan; Elvira Fitriyani Pakpahan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 1 (2024): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i1.228

Abstract

The aim of this research is to analyze and understand the implementation of guidance for elderly prisoners at the Medan Class I Penitentiary. This research method uses a juridical-empirical research method, the data obtained from this research is processed and analyzed quantitatively descriptively. Where all data obtained is analyzed in its entirety to give rise to a systematic and factual picture. After analysis, the author draws conclusions which will ultimately result in preventive and normative actions regarding the problems that have been raised. The results of the coaching research carried out by the Medan Class I Correctional Institution are in accordance with Law Number 22 of 2022 concerning Corrections. As well as the implementation of coaching for inmates based on Government Regulation 31 of 1999 concerning the Guidance and Guidance of Correctional Inmates, where the aim of coaching is to shape corrections inmates to become human beings who realize their mistakes, improve themselves, and not repeat criminal acts again, so that they can be accepted again. in the community environment and in the final stage entering the integration process carried out by the Correctional Center (Bapas). Personality and independence development has been implemented for all elderly correctional residents in accordance with the rights that must be fulfilled. In undergoing guidance, elderly prisoners also obtain their rights based on Law number 13 of 1998 concerning the welfare of the elderly. This is proven by the presence of one of the elderly residents who received training and the opportunity to work in the field of work activities, especially sewing activities.
Implementation of the Electronic Criminal Case File Transfer System Desi Apriguna Singarimbun; Kartina Pakpahan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 1 (2024): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i1.229

Abstract

The aim of the research is to find out the implementation mechanism for the electronic criminal case file transfer system, legal review and supporting and inhibiting factors for the implementation of the electronic criminal case file transfer system at the Binjai District Court. This research method uses empirical law, empirical law (empirical legal research), which is a type of legal research that analyzes and studies the operation of law in society. The results of electronic research into Integrated Criminal Files (e-Berpadu) are the Integration of Criminal Files between Law Enforcement Agencies. The Law Enforcement Agencies in question are the Police, Prosecutor's Office, Institution Correctional and District Courts throughout Indonesia. The e-Berpadu application is here to realize the digitization of Criminal Case Administration and cut long bureaucratic procedures to create effectiveness and efficiency service criminal cases which are expected to improve services for people seeking justice. However, in the process there are still obstacles such as applications that have not been well socialized, lack of professional human resources and Not yet the public of every party related to the system.
Polairud In Overcoming the Crime of Human Smuggling (People Smuggling) in the East Coast Region of North Sumatra Giri Pratomo; Elvira Fitriyani Pakpahan; Kartina Pakpahan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 1 (2024): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i1.232

Abstract

The aim of the research is to determine the factors that cause people smuggling and their role POLAIRUD in overcoming the crime of human smuggling in the East Coast Region of North Sumatra. The research method uses empirical juridical legal research methods. Empirical legal research in the form of community legal behavior. The data source for empirical legal research is not based on written positive law, but rather the results of observations at the research location. Result Polairud needs to advocate for policies that support increased budgets and resources allocated for operations in water areas. With adequate financial support, Polairud can expand the reach of its operations and increase the effectiveness of law enforcement in strategic but challenging areas such as the east coast of North Sumatra. These suggestions, if implemented well, can help Polairud strengthen its role in protecting Indonesia's territorial waters from the threat of people smuggling and ensure fairer and more effective law enforcement.
Analisis Yuridis Peran Notaris Dalam Pembuatan Akta Pendirian Perseroan Terbatas Berbasis Penanaman Modal Asing: Studi Kasus Kantor Notaris Wilayah Kota Batam Anggraini, Fitria; Pakpahan, Kartina; Fitriyani Pakpahan, Elvira
UNES Journal of Swara Justisia Vol 8 No 2 (2024): Unes Journal of Swara Justisia (Juli 2024)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/qrnfwx98

Abstract

Profesi Notaris mempunyai kedudukan yang penting dalam hal pembuatan akta pendirian suatu Perseroan Terbatas Perusahaan (PT) yang berbasis Penanaman Modal Asing (PMA). Akta yang dibuat oleh Notaris dapat menjadi dasar hukum atas statusnya harta benda, hak dan kewajiban seseorang. Kesalahan dalam suatu akta notaris dapat mengakibatkan hilangnya hak seseorang atau orang yang dibebani suatu kewajiban. Pembuatan akta itu berada di bawah wewenang dan kuasa Notaris. Termasuk juga dalam pembuatan akta pendirian Perseroan Terbatas yang berbasis Asing Langsung Penanaman Modal (PMA) itu sendiri. Metode penelitian hukum yang digunakan dalam penelitian ini adalah penelitian yuridis empiris yaitu penelitian yang dilakukan atau ditujukan pada wawancara dan peraturan tertulis dengan sifat penelitian deskriptif analisis yaitu suatu metode yang berfungsi untuk menggambarkan atau memberikan gambaran mengenai objek yang diteliti. Sumber data yang digunakan adalah data sekunder dengan analisis data kuantitatif. Peraturan dalam pelaksanaan kewenangan pembuatan akta Perseroan Terbatas (PT) Penanaman Modal Asing (PMA) ini tidak ada pasal yang mengaturnya kewajiban melegalkan dokumen yang dibuat di luar negeri hanya berdasarkan peraturan Menteri Luar Negeri. Untuk dokumen seperti surat kuasa, namun hal itu diatur dalam Peraturan Menteri Luar Negeri No. 09/A/KP/XII/2006/01 tanggal 28 Desember 2006 (poin 68) tentang Legalisasi Dokumen.
Legal Protection of Famous Foreign Brands on Goods with Brand Dilution Which are Sold and Buyed in E-Commerce Laidy, Yenny; Pakpahan, Kartina; Batubara, Sonya Airini
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.726

Abstract

dilution carried out by unscrupulous sellers of a product or brand on an e-commerce platform by utilizing a foreign brand that is already well-known is a form of violation of intellectual property rights by utilizing a well-known foreign brand to increase profits from product sales that are carried out by brand dilution other than that. This is a form of fraud or lying to consumers so that consumers think as if the product they are purchasing is a brand or part of a foreign brand that has undergone brand dilution. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are that the legal status of well-known foreign brands in Indonesia is recognized as brands that were previously registered and have legal standing, which in the Trademark Law has priority rights to register brands in Indonesia. Indonesia's legal policy regarding the dilution of foreign brands traded on e-commerce has not been specifically regulated in the Trademark Law, but in order to protect well-known foreign brands from brand dilution, Indonesia can use International Intellectual Property Legal Instruments through the Paris Convention, Madrid Protocol
Dispute Resolution Between Transportation Carrier/Freight Forwarder Services and Exporters Regarding Damage to Goods/Cargo by Sea Line in Medan Audrey, Fiona; Pakpahan, Kartina; Rizal, Said
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.749

Abstract

Sea transportation services that transport certain goods have many problems, for example related to the responsibility of sea transportation services for damage to goods or delays in goods, so these matters must be resolved in forums or dispute resolution institutions. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research, which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with quantitative data analysis. The results of this research are that the carrier must be responsible if loss or damage occurs from the transportation activity. As explained in Article 40 to Article 42 of the Shipping Law, the carrier company is responsible for the safety of the goods or passengers it transports in accordance with the agreement agreed upon by both parties." that the carrier's responsibility for damage to the goods is realized through the provision of compensation in accordance with article 472 of the Commercial Code, the procedures for settling claims from customers in the process of organizing the transportation of goods by sea are usually settled at the port of unloading between the follower and the recipient of the goods. The things that need to be done by the owner of the goods when submitting a claim for compensation is that the sender or recipient of the goods includes a Bill of Lading and a Receipt in submitting a claim for compensation
Supervision of Goods Resulting from Trade With Non-Trade Online Deposit Business Activities (Permenkeu No. 96 of 2023) Ervina, Ervina; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.752

Abstract

This research is motivated by the fact that online deposit business activities have recently become more widespread in line with advances in information and telecommunications technology. These activities are generally regulated through Minister of Finance Regulation Number 96 of 2023 concerning Customs, Excise and Tax Provisions for the Import and Export of Consigned Goods. Minister of Finance Regulation Number 96 is actually a replacement for the Minister of Finance Regulation Number 199/ PMK.010/ 2019 concerning Customs, Excise and Tax Provisions for Imported Consigned Goods previously. Minister of Finance Regulation Number 96 of 2023 itself, is an important regulation relating to services or online deposit business. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the implementation of Minister of Finance Regulation No. 96 of 2023 concerning Customs, Excise and Tax Provisions for the Import and Export of Shipped Goods regarding online deposit business activities is more aimed at avoiding the legal mode in the form of illegal import practices. The impact of the policy of Minister of Finance Regulation Number 96 of 2023 means that Jastip UMKM players in the e-commerce sector must adapt to technological advances, including the form of sales and purchase agreements in jastip, as well as causing consumers to have to consider the value of the goods they order because it affects the tax that must be paid.
ImplementationOf Dispute Resolutionin the Field Copyright Upon Signing of the Beijing Treaty Tohres, Steven Stanley; Heriyanti, Heriyanti; Pakpahan, Kartina
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.768

Abstract

Indonesia became a WIPO member country on December 18 2012 co-signed the Beijing Treaty at the World Intellectual General Assembly forum Property Organization in Geneva Switzerland. Implementation of the Beijing Treaty in Indonesia itself is quite interesting to study because the creative industry is in the form of performances Audiovisual in Indonesia itself is a profession so it is needed protection of copyright in the form of moral and economic rights to works audiovisuals, especially those broadcast or shown through media facilities technology. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data. The government is expected to make clear policies regarding protection and classification and definition of AudioVisual Works in Indonesia because with Current technological developments make AudioVisual Works increasingly popular developing so that now a clear policy regarding protection is needed AudioVisual work that is in accordance with technological developments, Background The Beijing Treaty itself is linked to several conventions such as the Rome Convention so that the WPPT should be a basis for the government to create policies in the form of statutory regulations to protect works AudioVisual broadcast via electronic media or digital media and The current problems of creative industry players, especially in the field of work AudioVisual regarding the protection and recognition of AudioVisual's works aired through electronic media regarding this matter, it is hoped that the government will which has ratified the Beijing Treaty to create implementing regulations related to registration or recognition mechanisms and claims to the rights of perpetrators The creative industry is specifically related to performers of AudioVisual Works
Legal Study of the Legality of the Palm Oil Rejuvenation Program Regarding the Completeness and Correctness of the Proposal Documents Regulated by Ministerial Regulation No. 19 Of 2023 Amendment to Ministerial Regulation No. 3 Of 2022 Antonio, Hans Ivander; Pakpahan, Kartina; Isnainul, OK
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.816

Abstract

The government, especially the Minister of Agriculture, through the Regulation of the Minister of Agriculture No. 19 of 2023 concerning amendments to the Regulation of the Minister of Agriculture No. 3 of 2022 concerning Human Resource Development, Research and Development, Rejuvenation, and Facilities and Infrastructure for Oil Palm Plantations to ensure the development of sustainable oil palm plantations, has made regulations regarding the development of human resources, research and development, rejuvenation, and facilities and infrastructure for oil palm plantations funded by funds collected from oil palm plantations. The research uses a normative juridical approach with secondary data analysis from written and electronic sources. The results of this study The government must further socialize the regulations on fulfilling the completeness of documents related to the mechanism for rejuvenating oil palm for farmers whose situations and conditions experience difficulties in fulfilling the requirements for rejuvenating oil palm with government assistance. If the completeness of the applicant's documents cannot be fulfilled by the applicant, the applicant will be given an opportunity by the head of the district/city service as stated in Article 25 paragraph (1) letter (b) of the Regulation of the Minister of Agriculture Number 19 of 2023. The solution provided by the government in this case the Ministry of Agriculture for applicants in completing and verifying the validity of the applicant's documents has been stated in Article 17 paragraphs (3) to (5) of the Regulation of the Minister of Agriculture No. 19 of 2023 by providing time for applicants to complete the problem of ownership documents as one of the main requirements for submitting the application for rejuvenation of oil palm.
Co-Authors Agnes Theresia Br Barus Agnes Theresia Br Barus Aldo Christian T Alvi Syahrin Anggada Perkasa Anggraini, Fitria Anna Stephanie Antonio, Hans Ivander Arifin Alexander Arta Hot Manullang Audrey, Fiona Ayu Efritadewi Ayu Priska Nibenia Zega Azharuddin Bastian, Yosi Charisman Jaya Zai Christian Agung Prawito Cynthia Phinaldo Dedi Harianto Dela Septiana Pinayungan Derinie Lim Desi Apriguna Singarimbun Dessy Darmayani Harianja Dewi Ervina Suryani Dwiki Pernandes Sembiring Elfira Fitriyani Pakpahan Elvira Fitriyani Pakpahan Emir Syarif Fatahillah Pakpahan Enda Noviyanti Simorangkir Erlita Sipayung Ervina Ervina Ester Affia Sifra Manalu Esther, July Fatah Chotib Uddin Fauzi Iansyah Ferina Diamond Ferina, Wulan Me Ferris Chandra Gandace Siregar Gildas, Inez Giri Pratomo Gita Arihta Gotman Tambunan Gracesela Sondang Sormin Gulo, Bestari Diberkati Guntur Hutagalung Hendra Pratikno Manurung Heni Widiyaani Heni Widiyani Heriyanti Heriyanti Heriyanti Heriyanti Heriyanti, Heriyanti Herlina Manullang Iansyah, Fauzi Inez Gildas Isnainul, OK Jenifer Jessica Josua Dariusman Zendrato Jovina Juli Esther Napitupulu Juliani Chandrago Khairunnisa Khairunnisa Laidy, Yenny Lasro Akmal Siregar Leoni, Cindy Cynthia Leviyanti Leviyanti Leviyanti Lilis Suriani Pane Lusi Feny Panjaitan made adhiguna samvara Maggie Maggie Mahmud Mulyadi Markus Aruan, Miquel Joan Mei Fernando Marpaung Merry Roseline Pasaribu Mian Fransiska Sianturi Michelle Amanda Esitria Sumampow Michelle Hadlen Millenia, Meisya Moktar, Brilian Mulyadi Mulyadi Nadya Khairani Naek Silitonga Natanael Pakpahan Nelly Sri Devi Nikodemus Ariandy Manik Novi Yanti OK Isnainul Olga Indah Suci Pakpahan, Bani David Soaloon Parameshwara, Parameshwara Parulian Ganda Rumapea Rahadian, Risna Ramon Nafrial Reno Aditya Suhendro Ridho Gokasi Paulus Tampubolon rizal, said Robby Dian Ronal Hasudungan Sianturi Roswita Sitompul Roswita Sitompul Roswita Sitompul, Roswita Rumapea, Parulian Ganda Salim Pradana Saota, Margaretha Citra Novriyanti Sartika Sari Sewin Kartika SIAHAAN, MARSEM PAHAM MARSAOR Simalangon, Roiman Sitorus, Marthin Erixon Sonya Airini Batubara, Sonya Airini Sri Sulistyawati Sri Sulistyawati Sri Sulistyawaty Stefani , Widi stephanie, winnie Steven Gozalex Stevi Inria Sagal, Febritisia Sulistyawaty, Sri Tambunan, Franciscus Orlando Tanry, Clarisa Adelia Tanto, Harnando Thela Valentine Thomson Sukamto Marzuky Simatupang Thomson Sukamto Marzuky Simatupang Timothy Pamungkas Situmorang Tobing, Michael Yusuf Tohres, Steven Stanley Tommy Leonard Tommy Leonard Uli Teresia Br Tarigan Valentin Tania Veronica Veronica Wico Dwi Pratama Widi Stefani Wijaya, Vivian Willy Tanjaya Yolanda Natalia Isabel Yosi Bastian Yovi Wicaksana Putra Yudiyanto, Ade Rachmat Yusriando Zai, Charisman Jaya Zhou, Valerie