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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) AMALIAH: JURNAL PENGABDIAN KEPADA MASYARAKAT Jurnal Ilmiah METADATA Jurnal Al-Hikmah Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Meta Hukum
Marzuki Marzuki
Fakultas Hukum Universitas Islam Sumatera Utara
Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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ANALISIS DALAM PROSES PEMBENTUKAN UNDANG-UNDANG CIPTA KERJA PERPSPEKTIF UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Munawar Munawar; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The process of establishing the Job Creation Law has established a series of principles, both formally and materially. The formation of the Job Creation Law tends to ignore the principles of the formation of laws and regulations, both formal and material principles. The formulation of the problem in this thesis is how the design and ratification of Law Number 11 of 2020 concerning Job Creation is in accordance with Law No. 15/2019 concerning the Establishment of Legislations, what is the position of Law Number 11 of 2020 concerning Job Creation in the perspective of Law No. 15/2019 concerning the Formation of Legislation, how is the impact of the implementation of Law No. 11 of 2020 concerning Job Creation on the prevailing statutory system in Indonesia. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the process of designing and ratifying Law Number 11 of 2020 concerning Job Creation is not in accordance with Law No. 15/2019 concerning the Formation of Legislations because at the planning and drafting stages it turned out to be Academic Papers and the Basis for Drafting Legislation Programs. National has no legal force. The position of Law No. 11 of 2020 concerning Job Creation in the perspective of Law No. 15/2019 concerning the Formation of Legislation is to have a strong position in the structure and national legal system. The impact of the implementation of Law Number 11 of 2020 concerning Job Creation on the applicable legal system in Indonesia is that the Job Creation Law has procedural defects because in the process the public does not know the standard and official text related to the Job Creation Act, and is not involved directly in the discussion and ratification, which is contrary to the constitutional rights as citizens regulated in the 1945 Constitution of the Republic of Indonesia.
PANCASILA SEBAGAI STAATSFUNDAMENTALNORM INDONESIA DALAM PEMBENTUKAN HUKUM NASIONAL (Perspektif Undang-Undang Cipta Kerja Nomor 11 Tahun 2020 Tentang Cipta Kerja) Rahmat Irwan Novrizal; Marzuki Marzuki; Mirza Nasution
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Pancasila is said to be normative, because Pancasila serves as the base and ideal prerequisite in every formation of positive law. The things that underlie the controversy over the formulation and formation and ratification of Law Number 11 of 2020 concerning Job Creation are that many ignore the welfare of workers through policy revisions that favor the owners of capital. The formulation of the problem in this thesis is how the things that underlie the controversy over the formulation and formation and ratification of Law Number 11 of 2020 concerning Job Creation, how to protect the rights of workers in Law Number 11 of 2020 concerning Job Creation, how Pancasila as a staatsfundamentalnorm in the formation of national law, especially in the formation of the Job Creation Act. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the protection of workers' rights in Law Number 11 of 2020 concerning Job Creation is related to the articles governing Manpower which are summarized in Article 81, so it has not accommodated guarantees of rights for workers. Pancasila as a staatsfundamental norm in the formation of national law, especially in the formation of the Job Creation Act is to regulate and be able to formulate legislation, national legal politics must refer to Pancasila which is based on morals and religion, respects and protects human rights without discrimination and racist, uniting all elements of the nation with all their primordial ties and placing power under their control and building social justice for all Indonesian people.
ANALISIS KRIMINOLOGI KORUPSI ANGGOTA DPRD SUMUT TERKAIT LAPORAN PERTANGGUNGJAWABAN PELAKSANAAN APBD (Studi Kasus Korupsi Anggota DPRD Sumut) Santoso Santoso; Marzuki Marzuki; Nelvitia Purba
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The form of corruption committed by members of the North Sumatra DPRD related to the accountability report of the Provincial Government's APBD in the 2012-2014 Fiscal Year is bribery or gratuity, which is related to the implementation of its functions and duties in making legislation (legislation), approving the budget ( budgeting), and supervision (controling) of the implementation of local government policies. Bribery as a criminal offense for corruption in the PTPK Law is regulated in several articles, namely: Article 5 paragraph (1) letters a and b, Article 11, Article 12 B, Article 13 of the Corruption Eradication Law. Corruption committed by DPRD members from a criminological perspective is a crime. Interpretation of crimes against an act that is categorized as a criminal act of corruption, because the act is deemed to have caused unrest for the community. Efforts to prevent and eradicate corruption, which are ideal in a criminological perspective, can be carried out in two ways, namely penal and non-penal efforts.
PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA INFORMAL MENURUT UNDANG UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PEKERJA MIGRAN Berkat Anugrah Kurunia Situmorang; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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It is appropriate, the state guarantees rights, opportunities, and provides protection for every citizen without discrimination to get a job and decent money income, both at home and abroad in accordance with their expertise, skills, talents, interests and abilities. The formulation of the problem in this thesis is how to regulate informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers, how to protect informal Indonesian migrant workers according to Law Number 18 of 2017 concerning Protection of Migrant Workers, how are the obstacles in providing protection for migrant workers Informal Indonesia according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and efforts to overcome it. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the regulation of the placement of Indonesian migrant workers is based on statutory regulations, namely Law 13 of 2003 concerning Manpower, Law of the Republic of Indonesia Number 18 of 2017 concerning Protection of Indonesian Migrant Workers, Regulation of the Minister of Manpower of the Republic of Indonesia Number 22 of 2014 concerning Implementation of Placement and Protection of Indonesian Workers Abroad. Protection of informal Indonesian migrant workers according to Law Number 18 of 2017 concerning the Protection of Migrant Workers and its derivative regulations are the guidelines for labor attaches and / or appointed foreign officials. However, this is not easy considering the complexities of protecting Indonesian migrant workers abroad, as well as things that may not be unexpected beforehand. The obstacle in providing protection for informal Indonesian migrant workers is the weakness of supervision in line with the governance structure between the central government, the Ministry of Manpower as the issuer of the license and the sectoral manpower office in the regions.
KEBIJAKAN PERCEPATAN PENANGANAN COVID-19 DI KOTA BINJAI BERDASARKAN PERATURAN WALIKOTA BINJAI NOMOR 16 TAHUN 2020 TENTANG KARANTINA DALAM RANGKA PERCEPATAN PENANGANAN CORONA VIRUSES DISEASES 2019 (COVID-19) DI KOTA BINJAI Ratno Mulyadi Catur Suharto; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The spread of Corona Virus Disease 2019 (Covid-19) in Binjai City has increased which has an impact on the economy, social, security and welfare of the people in Binjai City. The formulation of the problem in this thesis is how the policy setting for the acceleration of handling Covid-19 in the city of Binjai is based on the Binjai Mayor Regulation Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19, how is the implementation of the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the context of implementing policies acceleration of the handling of Covid-19 in Binjai City, how to protect social and economic rights of the community related to the implementation of policies to accelerate the handling of Covid-19 in Binjai City. This type of research is normative juridical, namely research based on legislation and empirical juridical, namely by conducting interviews with staff/employees of the Social Service of Binjai City. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results show that the policy setting for the acceleration of handling COVID-19 in the city of Binjai is based on the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19 is to suppress and decide the spread of Covid-19 in the City of Binjai and the purpose of the establishment of this Mayor Regulation is as a guideline for implementing health quarantine in the context of accelerating the handling of COVID-19 in the Binjai City area. The implementation of the Binjai Mayor's Regulation Number 16 of 2020 concerning Quarantine in the context of implementing the policy to accelerate the handling of Covid-19 in Binjai City is much less effective because people feel that they have not received legal protection. The protection of social and economic rights of the community related to the implementation of the policy to accelerate the handling of Covid-19 in Binjai City is that the Binjai City government is responsible for order, security, comfort and welfare of the community.
ANALISIS PENGGUNAAN BENDERA DAN LAMBANG ACEH DALAM PELAKSANAAN OTONOMI KHUSUS DI ACEH MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Dedek Fakrizal; Marzuki Marzuki; Mustamam Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The central government deemed Qanun Number 3 of 2013 concerning the flag and symbol of the region to be in conflict with the provisions of Article 6 PP. No. 77/2007 concerning Regional Symbols, also contradicts the provisions of Article 250 paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The use of the Aceh flag in the framework of implementing special autonomy in Aceh is a symbol of society that shows the identity of the people and regions of Aceh, and is not a symbol of sovereignty in accordance with Article 246 of the Government Law. Judging from the aspect of its implementation, until now the provisions of the Qanun have not been implemented, even though it has been ratified by the Aceh government together with the DPRA. Thus, the Qanun on the Aceh Flag has not received legal certainty in its totality, because there are still conflicting legal substance norms contained therein.
PERTANGGUNGJAWABAN PIDANA PENGELOLA TEMPAT WISATA AKIBAT KELALAIAN YANG MENGAKIBATKAN WISATAWAN MENGALAMI KECELAKAAN (Studi di Dinas Pariwisata Kabupaten Mandailing Natal) Efrida Yanti; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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With regard to accidents in tourism destinations, if the manager is negligent in managing a tourism destination that can cause accidents, then the manager of the tourist spot due to the negligence can be held liable for crime. The formulation of the problem in this thesis is how to regulate the criminal responsibility of managing tourist attractions due to negligence that causes tourists to have accidents, how is the responsibility of the managers of tourist attractions due to negligence which resulted in tourists having accidents, how are criminal sanctions against managers of tourist attractions due to negligence which resulted in tourists having accidents. The research method used is descriptive analysis which leads to normative juridical legal research, namely research conducted by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the criminal responsibility arrangement for managing tourist attractions due to negligence which resulted in tourists having an accident is regulated in the Criminal Code. The responsibility of the manager of tourist attractions due to negligence which results in tourists having accidents is that they can be held liable for not providing legal protection to tourists as regulated in Article 20 Law No. 10 of 2009. Criminal sanctions against managers of tourist attractions due to negligence which result in tourists having accidents can be imposed as regulated in the Criminal Code while Law Number 10 of 2009 concerning Tourism does not regulate criminal provisions specifically regulating sanctions for managers of tourist attractions in the event of an accident but only regulates that tourists who commit criminal acts may be subject to criminal sanctions.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK TENAGA KERJA MENURUT QANUN NOMOR 7 TAHUN 2014 TENTANG KETENAGAKERJAAN Endro Prakoso; Marzuki Marzuki; Mustamam Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The rights of workers according to Qanun Number 7 of 2014 generally refer to Law Number 13 of 2003 concerning Manpower. However, at certain points, there are differences in substance, namely in relation to protection and “meugang” holiday time to welcome Ramadan, Eid al-Fitr and Eid al-Adha, there are also holidays commemorating the Tsunami and the rights of workers / laborers to receive meugang allowances to welcome Ramadan and Eid al-Adha. The weakness of the protection of workers' rights in Qanun Number 7 of 2014, which is related to the obligation of companies and entrepreneurs to provide Meugang allowances in Article 48 of the Qanun which are unclear and firm. Another weakness, namely the provisions of Article 66 and Article 67 of the Qanun, which involves workers / laborers in implementing corporate social responsibility. It can be said that the legal provisions regarding the protection of workers / labor rights in Qanun Number 7 of 2014 concerning Manpower, can be said that it has not guaranteed certainty and justice.
IMPLEMENTASI KEBIJAKAN WALIKOTA BINJAI DALAM MEMBERIKAN BANTUAN SOSIAL KEPADA MASYARAKAT PADA SAAT PANDEMI COVID-19 DI KOTA BINJAI (Studi Perspektif Tentang Peraturan Walikota Dalam Pemberian Bantuan Sosial) Firmansyah Putra Surbakti; Marzuki Marzuki; Mukidi Mukidi
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Social assistance is the provision of assistance that is not continuous and selective in the form of money / goods to the community with the aim of improving the welfare of the community. The formulation of the problem in this thesis is how the Binjai Mayor's policy implementation in providing social assistance, the human resource capacity of the Social Service in distributing social assistance, procedures and mechanisms for distributing social assistance. This type of research is a normative juridical research which is based on statute and empirical juridical research by conducting interviews with staff / employees of the Binjai Social Service. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the implementation of the Binjai Mayor's policy in providing social assistance is that social assistance can be given to individuals or families that cannot be planned in advance and in providing social assistance, the Regional Government still pays attention to regional financial capabilities. The ability of the Social Service's human resources in distributing social assistance is a committee formed to collect data and distribute social assistance to underprivileged residents affected by Covid-19 in Binjai City, which is tasked with coordinating the planning of distributing social assistance to less fortunate people affected by Covid-19 in Binjai City The procedures and mechanisms for distributing social assistance are that potential recipients are people who are included in the RT / RW data collection and are in Kelurahan / Desa, have lost their livelihoods in the midst of the corona pandemic, prospective recipients are not registered as other recipients of social assistance from the central government.
PERTANGGUNGJAWABAN HUKUM BAPPEDA KOTA BINJAI DALAM PENGELOLAAN BARANG MILIK DAERAH UNTUK MEWUJUDKAN GOOD GOVERNANCE Gerriyent Gerriyent; Marzuki Marzuki; Ibnu Affan
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The administration of government in accordance with the principles of Good Governance is part of the demands of a democratic system and the rule of law, which requires transparency and accountability so that the right of people's participation is opened which is the main element of democratization. The formulation of the problem in this thesis is how to regulate legal accountability in the management of regional property, how to implement the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance, what are the obstacles in implementing the law of Binjai City Bappeda in the management of regional property and what are the solutions. The research method used is descriptive analysis that leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials and empirical research by conducting interviews. Primary and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the regulation of legal liability in the management of regional property has basically been carried out in accordance with the applicable regulations, namely based on Permendagri No. 19 of 2016. The implementation of the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance has been regulated in laws and regulations that should be followed up by regulation through regional legal products to be applied in regulating, managing and managing assets from the government concerned. Barriers to the implementation of the law of the City of Binjai Bappeda in the management of regional property are limited knowledge and understanding of human resources and the lack of commitment from SKPD leaders in managing Regional Property.
Co-Authors Afriadi Afriadi Akhyaruddin Akhyaruddin Asrul Rinaldi Berkat Anugrah Kurunia Situmorang Bonar Pasaribu Dedek Fakrizal Didik Surya Duarjon Simalango Efendi Sembiring Efrida Yanti Endro Prakoso Erniyanti Erniyanti Fauzi Ridwan Harahap Firmansyah Putra Surbakti Gerriyent Gerriyent Guruh Syahputra Hanifah Anas Hanifah Anas Ibnu Affan Ismed Batubara Jamaluddin Jamaluddin Lukman Hakim Lubis M. Farhan Tigor Lubis Mahadir Mahmud Mulyadi Marlina Miroharjo, Didik Mirza Nasution Miswar Miswar Miyas Mohd. Natsir Muhammad Arif Sahlepi Muhammad Arif Sahlepi Muhammad Arip Sahlepi Muhammad Zubi Muhlizar Muhlizar Mukidi, Mukidi Mulia Syahputra Nasution Muliadi Munawar Munawar Mustamam Mustamam Mustamam Nazrul Aswad Nelvetia Purba Nur Aisyah Fitri Boru Nainggolan Nusantara Tarigan Pandu Hikma Winata Batubara Purba, Nelvitia Rahmat Irwan Novrizal Ratno Mulyadi Catur Suharto Reza Nurul Ichsan Rinaldi Ramadhan Robet Padli Robet Padli Romy Sastra Namuda Siregar Ruspian Ruspian Ruspian Santoso Santoso Siti Mirzani Hapsari Suhaidi Suhaidi Tomson Simanjuntak Yamin Lubis Yamin Lubis Zulfitriadi Zulfitriadi