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Analisis Hukum terhadap Benda Jaminan Fidusia yang Digadaikan oleh Debitur Kepada Pihak Lain Pasaribu, Enni Martalena; Minin, Darwinsyah; Marlina, Marlina; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.225 KB) | DOI: 10.31289/arbiter.v1i1.105

Abstract

The research aims to examine the transfer of ownership rights of an object on the basis of trust provided that the object whose ownership rights are transferred remains in the possession of the owner of the object. While the fiduciary guarantee is a fiduciary guarantee institution that can be used to bind the collateral object in the form of movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights. But sometimes the fiduciary collateral is not always the fiduciary giver (debtor) as is mortgaged. Based on this the authors are interested in conducting more in-depth research about collateral objects that are mortgaged by the debtor to other parties. The approach method used in this research is empirical juridical. The data obtained is guided by the empirical aspects that are used as a tool. The research results obtained that the provisions regarding fiduciary guarantees are regulated in the contractual agreement clause by the finance company (PT. SMS Finance and PT BAF Medan Branch) and if not clearly regulated then the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees apply.
Aspek Hukum Lembaga Paksa Badan Terkait Penahanan terhadap Debitur Pailit Siregar, Bismar Parlindungan; Ginting, Budiman; Sikumbang, Jusmadi; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.607 KB) | DOI: 10.31289/arbiter.v1i1.111

Abstract

The purpose of this study is to look at how regulations regarding forced agency (gijzeling / hostage-taking) based on Articles 209 to 224 HIR and Articles 242 to 258 R.Bg, are things that are contrary to human rights and other related regulations. Normative Juridical Approach, namely research focused on studying the application or rules or norms in positive law. There are 2 (two) data collection methods, namely the library research method and the field research method. The results and discussion through the process of developing regulations that apply to forced agency (gijzeling), at this time, this has been revived with the enactment of the Supreme Court Regulation (PERMA) No. 1 of 2000 concerning Forced Institutions, and has been absorbed by the bankruptcy law itself. The issuance of this regulation created the birth of a situation regarding the regulation of the problem of detention of a debtor in Indonesia, which in general has been regulated in Law No. 8 of 1981 concerning Criminal Procedure Law, it is necessary to have restrictions such as what to implement these two regulations, so that it becomes a differentiator in its enforcement.
Pelaksanaan Lelang Eksekusi Hak Tanggungan Melalui Media Internet Masa Pandemi Covid-19 Berdasarkan Undang-Undang Informasi Dan Transaksi Elektronik (Studi Pada KPKNL Medan) Maryoso, Maryoso; Isnaini, Isnaini; Ramadhan, Muhammad Citra
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 (358.017 KB) | DOI: 10.34007/jehss.v4i2.694

Abstract

The Covid-19 pandemic has significantly impacted the economic sector, especially the banking sector in obtaining debt repayments from debtors. To obtain debt repayment from a defaulting debtor, it can be done by selling debt guarantees that have been tied with Mortgage Rights. This study aims to examine and analyze the legal rules, mechanisms and obstacles faced in the implementation of the Mortgage Execution auction through the internet media during the Covid-19 pandemic based on the ITE law. This study uses a normative juridical legal research method with a historical, explanatory and synchronization legal approach using primary, secondary and tertiary legal materials then data analysis is carried out qualitatively. The results of the study show that the auction of Mortgage executions through the internet media during the Covid-19 pandemic based on the ITE law at the Medan KPKNL has been carried out based on applicable law and the resulting auction minutes are valid authentic deeds. However, it is still necessary to improve both in terms of regulations and support systems so that auctions via the internet can be carried out effectively, transparently, accountable, fair, and guarantee legal certainty.
PENGARUH ALIRAN POSITIVISME DALAM KEBIJAKAN PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Muhammad Citra Ramadhan
Jurnal Warta Dharmawangsa No 53 (2017)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/wdw.v0i53.265

Abstract

The Law Enforcement Weakness of Songs and Musics Copyright Crimes Edi Tuahta Putra Saragih; Muhammad Citra Ramadhan; Isnaini Isnaini
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1194.897 KB) | DOI: 10.33756/jlr.v3i1.7710

Abstract

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 
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.
Pertanggungjawaban Pidana Dalam Tindak Pidana Penyeludupan Ballpress Di Wilayah Perairan Selat Malaka Di Sumatera Utara Windianto Windianto; Ediwarman Ediwarman; Muhammad Citra Ramadhan
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 (325.323 KB) | DOI: 10.34007/jehss.v4i3.895

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This article aims to examine and analyze the legal rules governing the criminal act of ballpress smuggling, and how the factors that cause ballpress smuggling in the waters of the Malacca Strait in North Sumatra, and how the policies are taken against ballpress smuggling in the waters of the Malacca Strait in Sumatra. North. The problem is focused on how the laws governing the criminal act of ballpress smuggling and the factors causing ballpress smuggling as well as the policies implemented in handling the crime of ballpress smuggling. 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 the criminal act of ballpress smuggling are as follows: (a) Law Number 17 of 2006 concerning Amendments to Law no. 10 of 1995 concerning Customs. (b) Law Number 8 of 1999 concerning Consumer Protection (UUPK) (c) Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015 of 2015 concerning the Prohibition of the Import of Used Clothing (d) Decree of the Minister of Industry and Trade No.732/MPP/Kep/10/2002 concerning Textile Import Trading System. The factors causing ballpress smuggling in the waters of the Malacca Strait in North Sumatra are: (a) Geographical Factors, (b) Domestic Industry Conditions. (c), Natural Resources (SDA), (d) Excess Production, (e) Transportation, (f) Mentality, (g) Society. The policies taken against ballpress smuggling in the waters of the Malacca Strait in North Sumatra are: (a) The penal route, namely by applying criminal law (criminal law application), (b) The non-penal route.
Penegakan Hukum terhadap Tindak Pidana Perjudian Toto Gelap Natanail Sitepu; Isnaini Isnaini; Muhammad 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 (729.778 KB) | DOI: 10.34007/jehss.v4i2.880

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This study aims to analyze the legal rules regarding the crime of gambling to analyze what factors encourage the occurrence of illegal toto gambling crimes, especially in Deli Serdang Regency. The research method used is descriptive method, with a case approach and legislation, with interview data collection instruments and documentation studies, while the data analysis technique uses qualitative descriptive. The results of the study show that the legal regulation of lottery gambling is based on article 303 of the Criminal Code and article 303 bis and the UTE Law article 27 paragraph (2), with criminal threats in article 45 paragraph (2), as well as Law no. 7 of 1974 concerning Gambling Control in Article 1 that gambling in any form is a crime. The factors that encourage the occurrence of gambling crimes in Deli Serdang Regency are: the hope of getting a win, the influence of the environment, lottery gambling is easy for everyone to do, it doesn't take much time to do it, lottery clerks are available in many places, the development of information technology make it easier for players to send guesses for lottery gambling numbers, as well as weak supervision by the police. Law enforcement against lottery type gambling at the Lubuk Pakam District Court is still not firm.
Pertanggungjawaban Pidana Korporasi terhadap Pemalsuan Data Ekspor Zinc Ash yang Dilakukan oleh PT Marakes Jaya Abadi di KPPBC Belawan Tigor Maruhum Sitorus; Edi Warman; 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 (885.811 KB) | DOI: 10.34007/jehss.v4i2.860

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This article discusses the legal rules governing corporate liability in laws and regulations against falsification of zinc ash export data, and how the factors that cause zinc ash data falsification by corporations and how the criminal law policies against corporations falsify export data. The method used in this paper is a normative legal research method. Normative legal research is the study of legal materials, both primary legal materials and secondary legal materials. The factors causing the falsification of zinc ash data by corporations are as follows: The factors causing the falsification of customs documents, among others are: (a) Geographic, (b) Production market, (c) Society. Efforts to tackle the crime of falsifying export data by the Belawan Intermediate Customs and Excise Investigation and Customs Enforcement Team (KPPBC TMP) in Belawan have reflected both ways of countermeasures, namely the repressive penal route and the preventive non-penal route.
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

Abstract

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.
Co-Authors Adam Ade Liniarty Daulay Agung Suharyanto Agus Sugiyarso Ahmad Ari Pandi Harahap Aldyan Teoly Telaumbanua alvi syahrin amelia alsa Andi Hakim Lubis andrio Bukit Ardhana, Salsa Novia Artha Sebayang Awaludin awaludin Ayub Dermawan Berani PA BUDIMAN GINTING D K Dewi Dahlia Kusuma Dewi dahlia kusuma dewi Damanik, Diko Rolan Damanik, Putra Brima Sakti Darwinsyah Minin Dedek Efri Wibowo Dejan Gemelar Raja Guk-Guk Dwi Dris Juliansyah Edi Tuahta Putra Saragih Edi Warman Ediwarman Ediwarman Ediwarman Ediwarman Fadillah Fauza Fitri Yanni Dewi Siregar Gurning, Romiduk Hanafi Harahap Hasanuddin Herman Frenky Sinaga Herman Sentosa Hery Widijanto Hutapea, Marlon Dobik Irma Herliza Rizki IRVANDI, IRVANDI Isnaini Isnaini Isnaini Isnaini Isnaini Isnaini Isnaini Isnaini Jaya Prana Pinem Jaya Syah Putra Jayenov Isak Jusmadi Sikumbang Khadijah, Siti Nur Khairuddin Khairuddin Leonyta Rotua Limbong, Dayat Limbong, Wintar Limrogate Immmanuel Limutra, William Leonardy Liston Andy Saputra Butar – Butar Lubis, Muhammad Koginta M. Yusrizal Adi Syahputra Marlina, Marlina Marsella Marsella Martha, Andhyka Martinu Jaya Halawa Maryoso, Maryoso Maswandi Montayana Meher Nanang Tomi Sitorus Nasution, Emil Mursyidin Nasution, Sulhan Iqbal Natanail Sitepu Pasaribu, Enni Martalena Paulus H Sinaga Putri, Ade Rafiqi Rahmad Gaol Hasibuan Rahmadysah, Andi Ramadhan, Dody Ichsan Ridha Haykal Amal Riska Fitriani Siregar Riswan Munthe Rizkan Zulyadi Rizkan Zulyandi Rudi Salam Sinaga Rumagit, Joni Saptadi, Muhamad Alan Sartika Yuli Sedarita Ginting Serimin Pinem Shinta Nikita Sibarani, Henri Ritson Silviana, Dini Simanjuntak, Hinzky Alestin Sinambela, Sakti Andreas Siregar, Bismar Parlindungan Siregar, Taufik Siti Nur Khadijah Sunarmi Sunarmi Syaiful Hakim Siregar Tanjung, Putri Marwin Taufik Siregar Tigor Maruhum Sitorus Tri Nova Eka Putri Sinamo Utary Maharany Barus Vicky Fadian Wenggedes Frensh Widiya, Yunita Restu Windianto Windianto Yadi, Pitra Yasmirah Mandasari Saragih Yudhanto, Dimas Yunita Yunita Zhang Jing Zulkifli Harahap Zulmansyah Tanjung