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Kearifan Lokal Dalam Bentuk Sanksi Hukum Bagi Pelaku Pada Masyarakat Adat Batak Bagian Selatan Awar Sadat Harahap; Ahmad Laut Hasibuan; Taufik Siregar
Anthropos: Jurnal Antropologi Sosial dan Budaya (Journal of Social and Cultural Anthropology) Vol 3, No 2 (2017): Anthropos
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/antro.v3i2.8791

Abstract

Nilai-nilai kearifan lokal pada masyarakat Adat Batak Bagian Selatan, memiliki makna yang dalam, baik dari segi adat maupun agama, sehingga perlu dilestarikan untuk menciptakan masyarakat yang peduli dengan sesama dan lingkungan. Tulisan ini bertujuan untuk mengetahui kearifan lokal masyarakat Adat Batak Bagian Selatan dalam bentuk sanksi hukum bagi pelaku. Dalam setiap pelanggaran atau kejahatan  yang dilakukan di tengah- tengah masyarakat, telah ada aturan jenis sanksinya sebagaimana yang telah tertuang dalam Surat Tumbaga Holing yang menjadi sumber rujukan hukum adat masyarakat adat Batak Bagian Selatan. Di dalam Surat tersebut, terdapat beberapa sanksi yang penuh dengan kearifan local yang dijatuhkan kepada orang yang memicu timbulnya konflik sosial dalam masyarakat. Kearifan lokal ini perlu disosialisasikan pada generasi penerus dengan mempelajarinya mulai tingkat dasar sampai perguruan tinggi sehingga tetap terjaga kelestariannya.
Peran Mediator Dinas Tenaga Kerja Kota Medan dalam Memberikan Perlindungan Hukum Akibat Pemutusan Hubungan Kerja Limrogate Immmanuel; Taufik Siregar; M. Citra Ramadhan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 1 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (420.008 KB) | DOI: 10.34007/jehss.v4i1.677

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The purpose of this research is to study and analyze the legal arrangements of Industrial Relations Mediators in solving layoffs, the role of the Medan City Disnaker Mediator in providing legal protection for workers' rights due to layoffs and the obstacles faced by the Medan City Manpower Office in providing legal protection for their rights. workers due to layoffs. Research on the role of the Medan City Manpower Office Mediator in providing legal protection due to layoffs is a normative juridical research. Normative legal research aims to examine library legal materials. The results show that the existence of legal arrangements regarding industrial relations mediators which are regulated in the Minister of Manpower Regulation Number 17 of 2014 concerning the Appointment and Dismissal of Industrial Relations Mediators as well as Mediation Work Procedures and Regulation of the Minister for Empowerment of State Apparatus Number 06 of 2009. In the role and process of enforcement the law enforced by the Medan City Manpower and Transmigration Mediators for workers / laborers who have been laid off is influenced by aspects that affect law enforcement, consisting of: legal substance aspects (laws), law enforcement aspects, facilities and infrastructure aspects, community aspects, aspects culture. The obstacles faced by the Mediator of the Medan City Manpower Office for workers or laborers who were laid off can be seen from the aspects that affect law enforcement.
Kajian Hukum Mengenai Prosedur Penanganan Barang Bukti Tindak Pidana Korupsi Oleh Kejaksaan Sebelum Dilimpahkan Ke Rupbasan Riawindo Asay Sormin; Ediwarman Ediwarman; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (846.87 KB) | DOI: 10.34007/jehss.v4i2.748

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This article or paper aims to review and analyze the legal rules governing the handling of evidence of corruption by the prosecutor's office before being transferred to (Rupbasan), as well as the role of the prosecutor in handling evidence of corruption and policies carried out by the prosecutor in handling evidence of acts of crime. corruption crime. The problem is focused on how the rule of law and the role and policies of the Attorney General's Office in managing evidence. In order to approach this problem, legal systems theory, role theory and policy theory are used as references. The research method in this writing is a normative legal research method. Data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal regulations regarding the handling of evidence of criminal acts of corruption are: Minister of Law and Human Rights Regulation No. 16 of 2014, Regulation of the Chief of the National Police of the Republic of Indonesia No. 8 of 2014, Presidential Instruction No. 2 of 2014, Regulation of the Attorney General of the Republic of Indonesia No: PER-027 / A / JA / 10/2014. The role of the prosecutor in handling evidence, namely: The role of subsection of evidence and the role of subsection of loot. The policies implemented by the prosecutor regarding the handling of evidence include: Policies before being transferred to the state confiscated objects storage house and policies carried out by the Attorney after the court verdict.
Mediasi Dalam Tiga Sistem Hukum Dan Perannya di Dalam Terwujudnya Keberhasilan Tujuan Hukum di Indonesia Taufik Siregar; Zaini Munawir
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 1 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) Agustus
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (929.292 KB) | DOI: 10.34007/jehss.v3i1.161

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This study examines how the mediation process according to PERMA No. 1 of 2016, how the level of effectiveness of mediators in resolving cases in the Court and how the role of mediation in realizing the successful realization of legal objectives in Indonesia. The research method used is empirical juridical research, namely legal research conducted by examining directly to the field where the object under study is by direct observation of the 5 (five) State Procurement; Medan, Lubuk Pakam, Binjai, Stabat, Tanjung Balai. Preliminary data on the success of national mediation in 2017 in the MA Case Search Information System (SIPP) is only around 4.14%. The amount is a combination of mediation success in the general court and religious court. The 4.14% success data is based on real data that was successfully displayed in the mediation report menu at SIPP MA. The data source was drawn from the local SIPP of each court in Indonesia. From the description above, it can be understood that mediation is a necessity that must be applied by the judiciary in order to settle disputes peacefully, the application of the principle of justice fast, low cost and simple, and to suppress the accumulation of cases that occur. Data on mediation in successful trials nationwide is less than 4%. Mediation that was expected to be an alternative solution turned out to be devoid of achievement. As a Suggestion For judges appointed as mediators must change the mindset that, the implementation of this mediation is not just to carry out an anich rules, but further than that is that dispute resolution between parties who are parties can be carried out by peaceful means based on agreement.
Yuridis Tindak Pidana Tanpa Hak Membawa Senjata Tajam pada Putusan Nomor 538/PID.SUS/2018/PN.MDN Bram Candra; Ediwarman Ediwarman; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (900.95 KB) | DOI: 10.34007/jehss.v4i2.798

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This study aims to find out about criminal acts without the right to carry sharp weapons in Medan City and criminal law policies against people without the right to carry sharp weapons in Medan City. This study uses a normative juridical research method with descriptive analysis with a case approach and a statutory approach, then the data analysis is carried out qualitatively. The results of the study indicate that the legal rules regarding the crime of carrying sharp weapons are regulated in the Emergency Law Number 12 of 1951 concerning the Regulation of Sharp Weapons, Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Law Number 1 of 1946 concerning Regulations concerning Criminal Law. The driving faktors for the occurrence of criminal acts without the right to carry sharp weapons in the city of Medan are divided into internal faktors and external faktors. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy and a non-penal policy where the penal policy is carried out by legally processing the perpetrators, followed by examining the defendant at trial. The non-penal policy is carried out by increasing public awareness through socialization, carrying out strict supervision by increasing raids and patrols, as well as the importance of parents' attention to their children.
Analisis Hukum Terhadap Penumpang Pesawat Atas Keterlambatan Keberangkatan Penerbangan Domestik di Bandara Internasional Kualanamu Deli Serdang Sartika Yuli; Taufik Siregar; M Citra Ramadhan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (928.928 KB) | DOI: 10.34007/jehss.v4i2.796

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This paper riset aims to examine and analyze the legal rule regarding airlines for passenger aircraft in Indonesia is Law No. 8 of 1999 concerning Consumer Protection, Law no. 1 of 2009 concerning Aviation and Regulation of the Minister of Transportation No. 89 of 2015 concerning Handling Delays in Scheduled Commercial Air Transport Business Entities in Indonesia and Regulation of the Minister of Transportation Number 92 of 2011 amending the Regulation of the Minister of Transportation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers. The factors causing the delay in departure at Kualanamu Deli Serdang International Airport are one of the factors of weather, and technical problems on aircraft but which are more often caused by weather, especially Kuala Lumpur is the hub airport (collecting airport) of several small airports where the weather can change at any time -Time and it is a thing that often happens in Kuala Lumpur. The responsibility of domestic airlines to aircraft passengers who experience delays in departure at Kualanamu Deli Serdang International Airport is to provide compensation and compensation in the form of soft drinks, snacks and heavy meals as well as compensation, depending on the type of delay according to the category, namely: Category 1, 30 to 60 minutes delay, Category 2, 61 to 120 minutes delay, Category 3, 121 to 180 minutes delay, Category 4, 181 to 240 minutes delay, Category 5, more than 240 minutes delay, Category 6, namely flight cancellations, then the airline is obliged to divert to the next flight or refund all ticket costs.
Tinjauan Yuridis Pertanggungjawaban Pidana Terhadap Pelaku Penambangan Pasir Ilegal Ivan Roberth Sitompul; Taufik Siregar; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 3 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1040.43 KB) | DOI: 10.34007/jehss.v4i3.928

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 The rise of Illegal Sand Mining is due to the lack of firm action from Law Enforcers and the application of low penalties. This study aims to examine and analyze legal arrangements, criminal liability and the basis for judges' considerations in making decisions against illegal sand mining actors in Decision number 424/Pid.B/LH/2020/PN Kis. This research uses a normative juridical research method which is descriptive analytical. Data collection techniques were carried out based on library research and field research which were analyzed qualitatively. The results show that sand mining in Indonesia is regulated in several laws and regulations, among others, the Law on Environmental Protection and Management, the Law on Mineral and Coal Mining, Government Regulation on Mining Areas and Government Regulation on the Implementation of Mineral Mining Business Activities. and Coal. Criminal liability against perpetrators of illegal sand mining is regulated in Article 158 of Law no. 4 of 2009 concerning Mineral and Coal Mining with a maximum penalty of 10 (ten) years and a maximum fine of 10,000,000,000.00 (Ten Billion Rupiah). The basis for the judge's consideration in imposing the decision Number 424/Pid.B/LH/2020/PN Kis against the Defendant was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 500,000,000.00 (Five hundred million Rupiah) in which the Judge's Decision was deemed too mild does not realize the purpose of punishment itself to provide a deterrent effect.
Analisis Hukum Mengenai Tindak Pidana Anak Yang Terlibat Geng Motor Sebagai Upaya Penegakan Hukum Kaston Rudy Samosir; Ediwarman Ediwarman; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (902.698 KB) | DOI: 10.34007/jehss.v4i2.819

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This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.
Kebijakan Hukum dalam Upaya Penanggulangan Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Matinya Korban Dahnial Saragih; Taufik Siregar; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1064.403 KB) | DOI: 10.34007/jehss.v4i2.891

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Traffic problems are one of the problems on a national scale that develop in tune with the development of society. The problem faced today is the high number of traffic accidents on the highway. This study aims to determine the accountability and legal policies in an effort to overcome the perpetrators of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Police Traffic Unit. The research method used is normative or doctrinal juridical legal research as library research or document study, which has descriptive analysis. The results of the study indicate that the law against perpetrators of traffic accidents resulting in the death of the victim is regulated in Article 359 of the Criminal Code, Article 106 paragraph (2), Article 229, Article 310 paragraphs 1 to 4 and Article 312 of the Law. No. 22 of 2009 concerning Road Traffic and Transportation and Government Regulation Number 37 of 2017 concerning Traffic and Road Transportation Safety. Legal policy in an effort to overcome the crime of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Sat.Lantas Police carried out penal and non-penal where accountability is carried out by applying imprisonment as regulated in Article 310 paragraph (4) of Law no. 22 of 2009 concerning Road Traffic and Transportation.
Penegakan Hukum Terhadap Penyidik Kepolisian Dalam Kasus Penangkapan Tidak Sah (Studi Kasus Pada Kepolisian Daerah Sumatera Utara) Irka Dony Hutasoit; Taufik Siregar; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 3 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.051 KB) | DOI: 10.34007/jehss.v4i3.914

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This study aims to examine and analyze the rule of law, law enforcement and the factors constraining the police in the case of illegal arrests at the North Sumatra Regional Police. This research is a normative juridical law research which is descriptive analytical using a statute approach. The data collection method was carried out through field research (field research), and analyzed qualitatively. The results of the study that law enforcement against investigators mentioned illegal ones based on Perkap No. 14 of 2011 concerning the Professional Code of Ethics of the Indonesian National Police, because until now there is no law that regulates sanctions for investigators who make wrong arrests. The factors faced are that there are no clear rules regarding legal sanctions for sanctions that apply to pre-trial, unclear ethical regulations against illegal sanctions, superiors who are less supportive so that they are not firm in enforcing sanctions, solidarity among members of the police to protect each other even though made a mistake in the application, the intervention of another party intentionally hinders the enforcement process of an illegal examination.