Claim Missing Document
Check
Articles

Peranan Lembaga Bantuan Hukum Cahaya Kebenaran Dan Keadilan (YLBH-CKK) terhadap Masyarakat Miskin yang Mengalami Kasus Pidana di Pengadilan Negeri Kelas I B Kisaran Julpan Hartono Suria Manja Manurung; Taufik Siregar; Rizkan Zulyandi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 4 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), May
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v5i4.1704

Abstract

The purpose of this research is to analyze the legal regulations regarding the provision of legal aid in Indonesia, the role of the The Truth and Justice Light Legal Assistance Institution for the poor who experience criminal cases and the constraints they face for the poor who experience criminal cases (Studies at Class IIA District Courts range). The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the research show that the provision of legal assistance to the poor is regulated in Law no. 16 of 2011 concerning Legal Aid. YLBH-CKK provides legal assistance based on requests for legal assistance from residents who have experienced criminal cases. The obstacles faced by YLBH-CKK for the poor are: the public still does not understand the Legal Aid Law by assuming that every transaction with a legal aid institution is synonymous with spending money The big one, there are no restrictions in law who are entitled to legal aid so that criminals who have become recidivists can apply for legal aid, there are advocates who ask for payment from clients receiving legal aid without heeding the applicable rules, weak supervision of advocates when interact with clients, as well as the lack of allocation of funds from the government.
Penegakan Hukum Terhadap Pelaku Usaha Yang Melakukan Kegiatan Usaha Pertambangan Tanpa Izin Usaha Pertambangan Jikri Sinurat; Rizkan Zulyadi; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 4 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), May
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v5i4.1707

Abstract

The purpose of this study is to analyze the urgency of criminal prosecution of perpetrators who carry out mining business activities without a business license, law enforcement in decision Number: 517/Pid.B/2021/PN.Lbp regarding criminal acts of mining without a business license, and the factors that cause the occurrence of criminal acts. mining crime without a business license in Deli Serdang Regency. The type of research used is normative legal research supported by field data through interviews with investigators at the Medan Metropolitan Police. Data analysis in this study was carried out by selecting secondary data from library research and field research data analyzed qualitatively. The results of this study are, the urgency of criminalizing business actors who carry out mining businesses without a permit in Indonesia, namely to avenge criminals' mistakes is also intended to protect the public, by creating order in carrying out mining business activities. Law enforcement against business actors who carry out mining business without a mining business permit in decision Number: 517/Pid.B/2021/PN.Lbp is not optimal and does not reflect a sense of justice. Factors causing the occurrence of cases of mining without a mining business permit in Deli Serdang Regency are divided into 2 (two), namely, internal factors and external factors. Internal factors consist of educational factors and economic factors. On external factors due to the lack of socialization related to mining business licenses and the complicated management of mining business permits.
Penegakan Hukum Oleh Polri Terhadap Pelaku Tindak Pidana Judi Online (Studi Pada Kepolisian Daerah Sumatera Utara) Yundha Kurniawan; Taufik Siregar; Sri Hidayani
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1671

Abstract

Law enforcement is carried out by law enforcers. The implementation of the law in society, apart from depending on the legal awareness of the community, is also very much determined by law enforcement officials. Law enforcement by the Indonesian National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out in accordance with the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the Police. The increasing mode of online gambling crimes is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in revealing perpetrators of online gambling crimes. Lack of identity of perpetrators and lack of witnesses. Lack of evidence in the filing process. Lack of cooperation between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation between the Police and the Public Prosecutor in the process of investigating online gambling crimes
MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION: CUSTOMARY LAW PERSPECTIVE Taufik Siregar; Anwar Sadat Harap; Ikhsan Lubis
Kanun Jurnal Ilmu Hukum Vol 24, No 2 (2022): Vol. 24, No. 2, August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i2.26532

Abstract

The goal of this research is to describe mediation as an alternative technique of conflict settlement under customary law, in both criminal and civil matters. Dispute resolution processes based on customary law play an important role in decreasing litigation. Mediation is a cornerstone of traditional law-based dispute settlement. This study uses descriptive qualitative research to better understand the phenomenon of mediation as an alternative form of conflict settlement under customary law. The data was gathered through a literature review and document analysis. The technique of data analysis employed in this study was a qualitative descriptive technique based on Miles and Huberman's interactive model. The findings reveal that mediation aids indigenous people in three ways: (i) maintaining ownership of conflicts; (ii) utilizing parts of customary law and practice; and (iii) finding a solution that is consistent with their cultural values. Furthermore, it appears that in traditional civilizations, mediators strive to guarantee that "peace and harmony prevail in society" because of the agreement. As a result, people who still adhere to customary law may employ customary law mediation as an alternate means of settling problems
Criminal Policy on Tobacco Excise at North Sumatra Regional Office of The Directorate General of Customs and Excise (DGCE) Nantama Mulyana; Taufik Siregar; Rizkan Zulyadi
Asian Journal of Social and Humanities Vol. 1 No. 09 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v1i09.61

Abstract

This research was conducted to discuss the criminal policy on tobacco excise at North Sumatra Regional Office of the DGCE. The phenomenon of increasing excise rates every year does not reduce tobacco consumption in Indonesia but instead increases the circulation of illegal tobacco products. The research method used is normative juridical research supported by empirical data and interviews. The nature of this research is descriptive analysis. The results of the research on the policy of combating tobacco excise criminal offenses at the North Sumatra Regional Office of the DGCE refer to Law No. 11 of 1995 as last amended by Law No. 7 of 2021, Minister of Finance Regulation No. 237/PMK.04/2022, and DGCE Instruction No. INS-05/BC/2022 dated November 1, 2022. The North Sumatra Regional Office of the DGCE has not yet resolved tobacco excise criminal cases with restorative justice from 2021 to 2022. The obstacles faced by the North Sumatra Regional Office of the DGCE include the absence of implementing regulations for the law, the failure to implement the roles of Customs and Excise investigators, inadequate facilities and infrastructure, low legal awareness of the public, smoking culture, and negative perceptions of tobacco excise regulations.
Implementasi Undang-Undang Perkebunan dalam Penanganan Pencurian Hasil Kebun Kelapa Sawit di Wilayah Hukum Polres Langkat Master Sahat Maruli Tuah Purba Tanjung; Rizkan Zulyadi; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): 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 (1248.681 KB) | DOI: 10.34007/jehss.v5i3.1447

Abstract

The purpose of this study is to analyze the legal rules regarding theft in Indonesia, the implementation of the Plantation Law in handling the theft of oil palm plantations and the obstacles in the Langkat Police Legal Area. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of legal books, legal expert opinions, laws and regulations, websites, and interview results. The results of the study show that the legal rules regarding palm oil theft in Indonesia are regulated in Article 107 Letter d of Law No.39 of 2014 concerning Plantations. In its application, any person who illegally harvests and/or collects plantation products shall be sentenced to a maximum imprisonment of 4 (four) years and a maximum fine of Rp. 4,000,000,000, - (four billion rupiah) and this is if the victim is a company that has a land area of more than 25 ha and already has a plantation permit from the government, but for cases where the victim is an individual, the article is not subject to the regulation of the Supreme Court, and countermeasures with preventive efforts where the handling focuses on prevention or control before the occurrence of the crime of theft. Repressive efforts are more in the nature of prosecution or eradication after the criminal act of theft of Oil Palm Fresh Fruit Bunches.
Peran Kepolisian Dalam Penegakan Hukum Tindak Pidana Menguasai Lahan Perkebunan di Wilayah Hukum Polres Langkat Juanda Kusuma; Edi Warman; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): 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 (826.935 KB) | DOI: 10.34007/jehss.v5i2.1326

Abstract

The purpose of this paper is to examine and analyze the rule of law, the role of the Langkat Police and its obstacles regarding the crime of plantation land in the Langkat Police Legal Area. The research method uses normative juridical research by analyzing legislation and conceptual analysis with descriptive data analysis. The results of this study indicate that the rule of law regarding control of plantation land is regulated in the provisions of Law no. 39 of 2014 concerning Plantations, where the threat of imprisonment is regulated in the provisions of Article 107 is sentenced to a maximum imprisonment of 4 years or a maximum fine of 4,000,000,000 (four billion rupiah), the role played by the Langkat Police in law enforcement of the crime of controlling plantation land namely referring to Law no. 2 of 2002 concerning the Police, and the obstacles faced by the Langkat Police in law enforcement of the crime of controlling plantation land, which consist of obstacles from the rule of law, obstacles from law enforcement, and obstacles from facilities and infrastructure.
Penegakan Hukum Tindak Pidana Korupsi Biaya Pemungutan Pajak Bumi dan Bangunan (PBB) Sektor Perkebunan di Pemerintah Kabupaten Labuhan Batu Selatan Ane Fransiska Sianipar; Rizkan Zulyadi; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): 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 (344.688 KB) | DOI: 10.34007/jehss.v5i3.1591

Abstract

This study aims to find out and analyze the background, the modus operandi of the Corruption Cases, Land and Building Tax Collection Costs in South Labuhanbatu Regency and to recommend the political concept of criminal law against the abuse of authority by public officials related to corruption cases in Indonesia. The research method that the author uses is normative juridical with a statutory, bibliographical and legal case approach based on secondary data. The data obtained were analyzed by qualitative analysis. The results of the study, the factors causing the occurrence of criminal acts of corruption are due to the abuse of power inherent in him as a regional head, factors of encouragement/persuasion or invitations/suggestions from parties or groups within the Regent's power to act corruptly, as well as factors of gaps or weaknesses law. Related to the administration of PBB collection for the Plantation Sector and the weak rules that emphasize "state losses" in corruption cases. So this, through legal regulations made by the Regent of Labusel as legitimacy for his corrupt actions to harm state finances. The modus operandi of the corruption case was carried out together with the modus operandi of making the Regent's Regulation Number 84 C of 2011 the legal basis for citing PBB of the plantation sector. Criminal Law Politics Against the Abuse of the Authority of Public Officials Related to Corruption Cases in Indonesia can be carried out by penal law enforcement and law enforcement through non-penal means.
Peranan Lembaga Perlindungan Konsumen Swadaya Masyarakat Kota Medan dalam Memberikan Perlindungan Hukum Kepada Konsumen Muhammad Ichsyan Suwandi; Taufik Siregar; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): 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 (377.697 KB) | DOI: 10.34007/jehss.v5i3.1565

Abstract

Regarding the Role of the Medan City Non-Governmental Consumer Protection Agency in Providing Legal Protection to Consumers, namely analyzing forms of legal protection, the role of the Medan City LPKSM in providing legal protection to consumers and the mechanism for establishing LPKSM as a Consumer Protection Agency in Medan City. This research was conducted at the UPT office. Medan Consumer Protection, LPKN DPP office, YPPKN DPP office, North Sumatra LPK-RI DPD office. This research uses a type of legal research and a normative-juridical research method. Because this type of research is a normative-juridical research method, the data obtained comes from library research and field research. Forms of legal protection for consumers through 2 channels, namely through channels outside the court and through the courts. Prior to filing a lawsuit in court, LPKSM must have a legal standing and/or mechanism at the time of formation, namely making a notarial deed of establishment of a legal entity engaged in consumer protection, obtaining a permit from the Ministry of Law and Human Rights, and making TDLPK at the local related agency. The role of LPKSM is to provide information to consumers, assist consumers in fighting for their rights, protect consumer rights, receive consumer complaints, conduct advocacy, provide assistance, supervise and collaborate with relevant agencies regarding consumer protection.
Kewenangan Hakim dalam Memutus Perkara Tindak Pidana Anak Pelaku Pengeroyokan yang Menyebabkan Kematian pada Putusan No. 5/Pid.Sus-Anak /2021 /Pn. Sim. Anggreana Elisabeth Roria Sormin; Rizkan Zulyadi; Taufik Siregar
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): 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 (894.846 KB) | DOI: 10.34007/jehss.v5i3.1539

Abstract

This study raises the formulation of the problem, namely (1) How to regulate the authority of judges according to laws and regulations, (2) How are the factors that influence the crime of beatings that cause death by children, (3) What are the basic considerations of judges at the Simalungun District Court in decide on a criminal case in case no. 5/Pid-Child/2021/PN. Sim. The research method uses a normative juridical method by analyzing the laws and regulations and conceptually by analyzing descriptive data analysis. The results of this study indicate that the rule of law regarding the authority of judges according to the legislation, namely Law no. 48 of 2009 concerning judicial power and Joint Regulation of the Constitutional Court and the Judicial Commission of the Republic of Indonesia Number 047/KMA/SKB/IV/2009-02/SKB/P.KY/IV/2009 concerning guidelines for enforcing codes of ethics and guidelines for judge behavior, the factors that influence the crime of beatings that cause death by children, and the Basis for Consideration of the Judges of the Simalungun District Court in Deciding the Criminal Case of Beating Perpetrated by Children in the Decision on Criminal Case No. 5 Pid.Sus-Child/2021/PN. Sim.  The judge considering that the juvenile justice system must prioritize the Restorative Justice approach, and must strive for diversion with the aim of achieving peace between victims and children, resolving child cases outside the judicial process, preventing children from being deprived of independence, encouraging the community to participate and instilling a sense of responsibility to children. Suggestions from this thesis are the imposition of criminal sanctions for children, judges should consider prison sentences for children, this is to avoid children from negative influences in the prison environment.