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Journal : JUNCTO: Jurnal Ilmiah Hukum

Peranan Kepolisian Dalam Memberantas Tindak Pidana Pencurian Dengan Kekerasan Di Wilayah Patumbak (Studi Kasus Di Polsek Patumbak) Fransisco Lumban Batu; Taufik Siregar; Muazzul Muazzul
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.959 KB) | DOI: 10.31289/juncto.v2i1.235

Abstract

Violent theft is one of the diseases of society which merges with crime, which in the historical process from generation to generation turns out that the crime is a crime that harms and tortures others. This type of research is normative juridical that is by means of library research. The results of this study are the role of the Patumbak police in violent theft as stipulated in Article 365 of the Criminal Code, in accordance with the duties and authorities of the police, conducting investigations and investigations as well as arresting the perpetrators and processing in accordance with applicable legal provisions, the factors causing the crime of theft with violence in the Patumbak Sector Police Sector are due to economic factors, social factors and illegal drugs, education factors and also the lack of guidance. Obstacles in efforts to deal with violent theft due to the lack of police personnel in the field in the Patumbak Sector Police area, the ability of the police to handle cases is still lacking, the lack of tools needed by members of the National Police in handling cases and the vast area of the Patumbak Sector Police.
Tinjauan Yuridis Cerai Gugat Akibat Kekerasan Dalam Rumah Tangga (Studi Putusan No. 23/Pdt.G/2015/PN. Lbp) Eno Karnis Tafanao; Taufik Siregar; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.328

Abstract

Divorce is the termination of a legal marriage before a court judge based on conditions determined by law. Therefore it is necessary to understand the spirit of the rules regarding divorce and the causes and consequences that may arise after the husband and wife have broken marriages. This type of research is normative juridical research and the nature of this research is descriptive analysis. Factors causing divorce are disputes and quarrels that have occurred continuously then the peak of disputes in the Plaintiff and Defendant's household in 2005 until now the Defendant has left the residence together. Defendant as head of household cannot carry out his obligations as a good head of household. Legal protection for wives who are victims of husband violence is regulated in several laws and regulations, including in the Criminal Code Article 356 of the Criminal Code, in the Marriage Law (Law No. 1, 1974) Article 24. PP No. 9 Tabun 1975 Article 19 letter d and the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). The basis for consideration of the Panel of judges in deciding the case for divorce is case number 23 / Pdt.G / 2015 / PN.Lbp, namely the application of Article 5 letter (b) Number 23 of 2004 concerning the Elimination of Domestic Violence, Article 19 letter (f) of the Regulation Government Number 9 of 1975.
Kajian Hukum Tindak Pidana Kejahatan Terhadap Kesusilaan Ditinjau Dari UU No 21 Tahun 2007 Asdi Syukur Dalimunthe; Taufik Siregar; Rizkan Zulyadi
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.488

Abstract

Criminal action is a basic part of an error committed against someone in committing a crime. So for the existence of an error in the relationship between the situation and the actions that cause reproach, it must be in the form of deliberate action or starvation. The purpose of this research is to find out the form of legal protection for victims of decency based on law number 21 of 2007 and to find out how the law is applied to perpetrators of decency crime based on law number 21 of 2007. The type of research in this journal is juridical normative and The nature of the research that I take is descriptive analysis. The form of legal protection for victims of decency based on law number 21 of 2007 is to punish perpetrators of immoral crimes against children with severe criminal sanctions so that the purpose of punishment can be achieved based on the provisions of the Law on the application of the law against perpetrators of criminal acts decency based on law number 21 of 2007 is sentenced to imprisonment for 3 (three) years and a fine of at least Rp. 120,000,000 (one hundred and twenty million rupiah).
Tinjauan Yuridis Terhadap Wanprestasi dalam Perjanjian Jual Beli Tanah Warisan (Studi Putusan Pengadilan Negeri Medan Nomor: 376/Pdt.G/2017/PN.Mdn) Reza Aulia HP; Taufik Siregar; Dessy Agustina Harahap
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.486

Abstract

Buying and selling can be said to be valid if all the conditions are met. The inheritance sale law is the same as the general sale law, but if the inheritance object is the right to the land to be sold, all heirs must participate in the sale of the inheritance. One example of a dispute that occurred in the sale and purchase of inheritance land during the transaction process of buying and selling inherited land, the buyer has paid / submitted an amount of money in accordance with the agreement on the price of land to the seller, but the seller did not immediately submit a letter of approval of sale from all heirs it sells to buyers as in decision number 376 / Pdt.G / 2017 / Pn.Mdn. Legal arrangements regarding buying and selling are regulated in Article 1457 of the Civil Code in selling and selling inheritance assets in general the same as buying and selling in general, but if the object of buying and selling is inheritance, all heirs must make an heir certificate. With the Default, the legal consequences that arise are the agreements made by the parties can be canceled or canceled by themselves. However, if one party feels aggrieved due to the failure to carry out the achievement of the agreement, then one of the parties has a right to sue in an effort to enforce the rights of the contract or agreement.
Penegakan Hukum Terhadap Tindak Pidana Korupsi Dalam Pembangunan Balai Benih Induk (BBI) Di Kabupaten Nias Selatan (Studi Putusan No.116/Pid.Sus-Tpk/2014/PN.Mdn) Donny Christian Harita; Taufik Siregar; Arie Kartika
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.320

Abstract

Corruption is an extraordinary crime that is contagious in every state apparatus, both in the central government and regional governments. The research method in this paper is a normative method that collects library data, namely legislation, law books, judges' decisions, mass media and scientific journals related to the issues discussed in this thesis. Law enforcement of corruption in Indonesia as outlined in the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption Eradication is a representation of 3 elements of law enforcement, namely the lawmaking element (making this law), the element of law enforcement officers namely this law also regulates law enforcement officers for example with the Corruption Eradication Commission and the elements of the community environment by regulating public participation in eradicating corruption in Indonesia. Judge's consideration in dropping the verdict Number: 116 / Pid.Sus-TPK / 2014 / PN.Mdn is to consider mitigating and aggravating matters, taking into account the defendant's ability to take responsibility, considering the absence of forgiving and justifying reasons.
Penegakan Hukum Terhadap Tindak Pidana Kepabean Penyeludupan Pakaian Bekas (Putusan No. 237/Pid.B/2016/PN.Tjb) Roberto Tambunan; Suhatrizal Suhatrizal; Taufik Siregar
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (722.014 KB) | DOI: 10.31289/juncto.v1i2.196

Abstract

Smuggling is a problem that often occurs in Indonesia, so the smuggling problem must receive the full attention of the government to be immediately addressed. As a national legal product based on the Pancasila and the 1945 Constitution, the form of the Proactive and Anticipatory Customs Law is still very simple, on the other hand it must reach a broader aspect to anticipate the development of trade. The method of this research is Library Research and Field Research. The negative impact of smuggling used clothing is very detrimental to the domestic industry and detrimental to the country's income and economy, but on the other hand there are also positive impacts on the poor that benefit from being able to buy ex-foreign goods from smuggling at low prices and higher quality high. As one of the Government Agencies participating in the effort to eradicate the smuggling of used clothing and the public should not be easily tempted by the import price of used clothing which is cheaper than local clothing, because the level of health is not necessarily guaranteed.
Penerapan Hukum Undang-Undang Ketenagakerjaan Nomor 13 Tahun 2003 Terhadap Penjatuhan Pemberian Pesangon Bagi Karyawan (Studi Putusan Nomor 124/G/2011/PHI.Mdn) Noni Zulkarnain; Taufik Siregar; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.498

Abstract

Labor has a very important position as actors and objectives of development, therefore all activities carried out by workers will contain aspects of social relations, legal relations, interm organizational relationships that give rise to rights and obligations and are carried out based on the values contained in Pancasila. One of the problems in labor is Industrial Relations Disputes. One of the problems in industrial relations disputes is Termination of Employment. Termination of employment, according to Law Number 13 Year 2003 concerning Manpower Article 1 paragraph 25, the definition is the termination of a work relationship due to certain matters resulting in the termination of rights and obligations between workers / laborers and entrepreneurs. This research uses normative juridical research and analytical descriptive research. The techniques used in data collection through library research and field research. Layoffs are not only factored by employers / employers, there are several other factors that influence including factors from the workers / laborers. It is also undeniable that the process of terminating employment has constraints and obstacles based on the employer / employer, worker / laborer and also the Industrial Relations Settlement institution.
Analisis Yuridis Persekongkolan Tender Rehabilitasi Jalan Dalam Perspektif Hukum Persaingan Usaha (Studi Kasus Putusan Nomor 14/KPPU.1/2018) Abdul Hafiz Rangkuti; Taufik Siregar; Zaini Munawir
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 2 (2022): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i2.1360

Abstract

In general, what is said to be conspiring is cooperation carried out by business actors with other parties at the initiative of anyone and in any way in an effort to win bidders. The purpose of the research is to find out and understand how the regulation regarding tender conspiracy according to business competition law in Indonesia, to know and understand the proof of tender conspiracy as well as to know and understand how the application of business competition law in decision Number 14/KPPU.I/2018. The method used in this paper is normative juridical, namely a research method that examines document studies, by using various data such as legislation, legal theory of court decisions.The result of the research written in this thesis is that the regulation regarding tender conspiracy is regulated in Article 22 of Law no. 5 of 1999 and regulated in Perkom No. 1 of 2019, evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled and based on the evidence in Article 45 of Perkom No.1 of 2019 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 is to provide administrative action in the form of a fine to punish the Reported Party I and II in the amount of Rp.1,769,000. 000, which must be deposited into the State Treasury. The conclusion of the arrangement regarding tender conspiracy is regulated in Article 22 of Law No. 5 of 1999 and regulated in Perkom No. 1 of 2019. The evidence regarding tender conspiracy in decision number 14/KPPU.1/2018 is an element of conspiracy in article 22 of Law no. 5 of 1999 is fulfilled, the application of business competition law in decision number 14/KPPU.1/2018 provides administrative action in the form of a fine.