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Analisis Hukum terhadap Tanggungjawab Perusahaan Pemberi Izin Kapal Asing Sandar di Pelabuhan pada PT. Pelni Cabang Lhokseumawe Rahalim Raja Muda Harahap; Taufik Siregar; Rizkan Zulyadi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 1 (2022): 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 (923.777 KB) | DOI: 10.34007/jehss.v5i1.1290

Abstract

The problem in this research is how the legal arrangements regarding the granting of permits for foreign ships that will dock at ports in Indonesia, how the process of granting permits for foreign ships that will dock at the Port of Lhoksumawe and what are the constraints and responsibilities of PT. Pelni Lhoksumawe Branch in granting permits for foreign ships that will dock at the port. This type of research is directed to normative juridical law research. The nature of the research used in completing this thesis is descriptive analysis. Data collection techniques are carried out through: Library Research: namely by collecting and studying and analyzing concepts, theories, opinions or findings and statutory provisions related to law. Field research (Field Research), namely by conducting direct field research to obtain data such as interviews. In this case the researchers directly conduct research to PT. Pelni Lhoksumawe Branch which handles the port for foreign ships that will dock. Analysis of the data used in this study is to use qualitative methods.
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
Model Pencegahan Tindak Pidana Terorisme Berbasis Adat Dalihan Na Tolu di Tapanuli Selatan Anwar Sadat Harahap; Taufik Siregar
Pandecta Research Law Journal Vol 15, No 2 (2020): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v15i2.24678

Abstract

Beberapa tahun terakhir telah sering terdengar melalui media elektronik tentang tindakan terorisme di Indonesia. Tindak terorisme ini muncul, karena selain kurang tegas, adil dan bermanfaatnya materi pengaturan hukum tentang pencegahan tindak terorisme, juga disebabkan oleh kurang diberdayakannya potensi masyarakat adat dalam mencegah tindak terorisme. Hasil penelitian menunjukkan bahwa: 1) Pencegahan tindak pidana terorisme berdasarkan adat Dalihan na Tolu di Tapanuli Selatan dilakukan dengan aturan yang tercantum dalam: Filosofi adat adat Dalihan na Tolu, Sipaingot, Tutur dan Uhum dohot Patik 2) Jenis sanksi yang dikenakan kepada teroris: Sappal Dila, Dibondarkon, Dipaorot sian Marga, Dipaulak Salipi Natartar, dan Uhum Hatoban. Various criminal acts of terrorism continue to occur in Indonesia; even the numbers increase from year to year. These various acts of terrorism have arisen because, in addition to being less assertive, the legal provisions concerning the prevention of terrorist acts. Besides, the lack of involvement of indigenous peoples in preventing acts of terrorism as regulated in Article 43B paragraph (4) of Law Number 5 the Year 2018. This study aims to determine the role of Dalihan na Tolu adat in the prevention of criminal acts of terrorism. The research method used is empirical legal research methods. Prevention of criminal acts of terrorism carried out through the rules stated in philosophy, Sipaingot, Tutur, and Uhum dohot Poda. Then the traditional leaders' strategy in preventing the crime of terrorism is done by Providing examples of exemplary, Providing duties in maintaining security and order, Involving the community in every customary activity, and presenting children in customary activities. Furthermore, the types of sanctions imposed on terrorism offenders are: Dibondarkon sanctions (not involved in traditional activities), Sappal Dila sanctions (inviting people to eat in the same village), Dipaorot sian Huta sanctions (issued from villages), Dipaorot sian Marga sanctions (issued from the Marga), sanctions Diapaulak Salipi Natartar (returned to the communal land).
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.
Dalihan Na Tolu as a Model for Resolving Religious Conflicts in North Sumatera: An Anthropological and Sociological Perspective Harahap, Anwar Sadat; Mulyono, Hardi; A. Nuzul, A. Nuzul; Milhan, Milhan; Siregar, Taufik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.13091

Abstract

It is undeniable that there are various social conflicts in Indonesia which involve various groups of people such as the religious conflict in Poso (2001), in Sampit (2001), in Ambon (2002) and others. Most of them were caused by uncertain, unfair, and misused regulations on keeping people’s religious tolerance. It was also caused by the lack of people’s empowerment in keeping religious tolerance. This study aims to examine dalihan na tulo as a mechanism for resolving religious conflicts in the Mandailing community, North Sumatra. This research uses juridical empirical methods, consisting of anthropological and sociological law approaches. Data were collected by means of interviews and literature studies. The result of the research showed that Dalihan na Tolu tradition based-model of maintaining religious tolerance and resolving conflicts in religious believers was done by using the philosophy of Dalihan na Tolu, Pastak-pastakni Paradaton, Uhum dohot Patik and Tutur dohot Poda. There are three types of negotiation system in resolving the conflicts: Tahi Dalihan na Tolu, Tahi Godang Parsahutaon, and Tahi Godang Haruaya Mardomu Bulung (big negotiation among the neighboring villages). Anthropologically and sociologically that the Mandailing community has proven successful in using adat as a resolution of religious conflicts, so as to create peace and order as a function of law in society.
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Lubis, Ikhsan; Siregar, Taufik; Koto, Ismail; Chansrakaeo, Ruetaitip; Sari Lubis, Duma Indah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
Perlindungan Hukum Terhadap Konsumen Obat Terkait Hak Atas Informasi Dan Petunjuk Penggunaan Dalam Bahasa Indonesia Di Kota Medan Zai, Kelvin Putra; Siregar, Taufik; Lubis, Mhd Ansor
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 2 (2023): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i2.1769

Abstract

Consumer Protection is all efforts to guarantee legal certainty to provide protection to consumers. For example, the circulation of drug products that do not include information and/or instructions for use in Indonesian, consumers may be disadvantaged if there is no complete and clear information on the drug labels. So that raises several questions about how the law regulates the circulation of drugs without a distribution permit, how are the legal arrangements for consumers regarding the right to information and instructions for using drugs in Indonesian and what are the legal responsibilities for distributing drugs without information and instructions for using Indonesian at the BPOM in Medan. The method used in this study is normative juridical, namely a research method that examines document studies, namely by using various data such as legislation, legal theory of court decisions. circulating in accordance with Law NO. 8 of 1999 concerning Consumer Protection, Article 8 paragraph 1 (j). The effectiveness of the government in supervising and implementing the rules that have been made is very necessary so that the law can work in accordance with the objectives of these laws and regulations, namely to protect the public from drug abuse as a result of the inclusion of inadequate information on drug use.
Co-Authors A. Nuzul, A. Nuzul Abdul Hafiz Rangkuti Abi Jumroh Harahap Abu Churairah Adam Adawiyah, Rodiatun Ahmad Laut Hasibuan Amal, Ridha Haykal Andi Hakim Lubis Ane Fransiska Sianipar Anggia Sammi Halomoan Siregar Anggreni Atmei Lubis Anwar Sadat Harahap Anwar Sadat Harap Arie Kartika Ariyunus Zai Asdi Syukur Dalimunthe Bakti Sukwanto Bakti Sukwanto Beby Suryani Fithri Berampu, Lailan Tawila Binka Lg Simatupang Bram Candra Bunga Chintia Utami Chansrakaeo, Ruetaitip Churairah, Abu Cordyn Parulian Tuah Purba Dahnial Saragih Damanik, Jalinson Daulay, Cinthya Audi Dediyansyah Putra Ginting Dedy irsan Denny Lumbantobing Deseari Baeha Dessy Agustina Harahap Donny Christian Harita Duma Indah Sari Lubis Edi Warman Ediwarman Ediwarman Ediwarman Ediwarman Ediwarman Ediwarman Eka Intan Kumala Putri Eno Karnis Tafanao Erwin Hasibuan Fitri Yanni Dewi Siregar Frans Rudy Putra Zebua Fransisco Lumban Batu Ghazy Luthfi Harahap, Abi Jumroh Harahap, Irfan Afdoli Hari Tenang Kurniawan Hayati Siahaan Heri Sudiono Hery Widijanto Hia, Hipotesa Hidayani, Sri Humairah, Nabila Ida Sari Siregar Ikhsan Lubis Iman Jauhari Irfan Afdoli Harahap Irka Dony Hutasoit irsan, Dedy Isnaini Isnaini Isnaini Ivan Roberth Sitompul Jadrias Tarigan Jalinson Damanik Jelly Leviza Jikri Sinurat Julianty Siregar, Riana Julpan Hartono Suria Manja Manurung Kaston Rudy Samosir Koto, Ismail Kurniawan, M. Yundha Kusuma, Juanda Lestari Aprilia Limrogate Immmanuel Limutra, William Leonardy Liston Andy Saputra Butar – Butar Lubis, Aldi Subhan Lubis, Duma Indah Sari Lubis, Ikhsan Lumbantobing, Denny M. Citra Ramadhan Mahmud Mulyadi MAHMUL SIREGAR Mahmul Siregar Makmur Makmur Makmur, Makmur Marlina Marlina Mayla Khoiriyah Mhd Ansor Lubis Milhan Milhan, Milhan Muazzul, Muazzul Muhammad Citra Ramadhan Muhammad Miftahul Azhmi Muhammad Yamin Siregar Mulyono, Hardi Mulyono, Hardi Munawir, Zaini Nantama Mulyana NINGRUM NATASYA SIRAIT Noni Zulkarnain Posma Tumanggor Prayuda, Chandra Purba, Ardiansyah Purba Purba, Nelvitia Putra Zebua, Frans Rudy Rafiqi Rafiqi Rahalim Raja Muda Harahap Rahayu, Dessy Rahman, Sayuti Regen Manik Renal Eldinata Samosir Retna Astuti Kuswardani Reza Aulia HP Riawindo Asay Sormin Rizkan Zulyadi Rizkan Zulyandi Roberto Tambunan Rudi Salam Sinaga Ruetaitip Chansrakaeo Saragih, Denny Hardi Pranata Sari Lubis, Duma Indah Sartika Yuli Sembiring, Ferdiansah Serimin Pinem Siallagan, Arnol Faisal Sianturi, Jon Efendi Sibarani, Anggiat Simatupang, Binka Lg Sormin, Anggreana Elisabeth Roria Sri Hidayani Sri Hidayani Sudiono, Heri Suhatrizal Suhatrizal Sukwanto, Bakti Suwandi, Muhammad Ichsyan Syamsiar, Syamsiar Tanjung, Master Sahat Maruli Tuah Purba Tarigan, Edi Syahjuri Tarigan, Jadrias Utary Maharany Barus Wardana, Bagus Dwi Gangga Wenggedes Frensh Wessy Trisna Wiraswan Duha Yundha Kurniawan YUNITA Yunita Restu Widiya Zai, Ariyunus Zai, Kelvin Putra Zulham, Zulhammercatoria@yahoo.com Zulhammercatoria@yahoo.com Zulham