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Pertanggungjawaban Perusahaan Asuransi Terhadap Pemegang Polis Yang Mengalami Status Polis Lapse (Kehilangan) Akibat Kelalaian Agen Dalam Pembayaran Angsuran Premi (Studi Kasus Putusan No.320/Pdt.G/2019/PN Mdn) Riska Fitriani Siregar; Muhammmad Citra Ramadhan; Marsella Marsella
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1207

Abstract

In Insurance there is an insurance agreement, explained in the Civil Code: there is an "agreement" which is a condition that must be fulfilled for an agreement to be valid, an insurance agreement will form a legal relationship that is reflected in the agreement, an agreement that regulates terms and obligations, the importance of insurance in its development to advance the development of insurance. Paying premiums is not on time, so the insurance claim submitted is rejected by the company, because it is already in a state of lapse. Not paying is not the insured's fault, but the agent's fault for not depositing the premium to the company. This study aims to determine how agents are arranged in insurance companies in Indonesia and how are insurance companies accountable to customers who experience policy lapse due to agent negligence in paying premiums (Decision No.320.G/2019/PN Mdn). The research method of this thesis was carried out based on reading sources, laws, books, internet, journals, field research, directly conducting research to the Medan District Court with interviews. The results of the study explain that the defendant (PT. Prudential life Assurance) is completely irresponsible and there is no good faith towards the plaintiff (yurnawilis) claiming the insured late. Ambun Sari (the plaintiff's biological mother), the case was also declared obscuur libel (blurred) posita and the plaintiff's petitum are not related, it does not mean that the defendant is not responsible for the insurance claim.
SOSIALISASI PENTINGNYA PENDAFTARAN MEREK BAGI UMKM DI KOTA MEDAN dahlia kusuma dewi; amelia alsa; Dahris Siregar; awaludin awaludin; andrio Bukit; Muhammad Citra Ramadhan; Irma Herliza Rizki; alvi syahrin
ABDIMASKU : Jurnal Pengabdian Masyarakat UTND Vol 1 No 2 (2022): Juli - Desember 2022
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Tjut Nyak Dhien

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (251.776 KB) | DOI: 10.36490/jpmtnd.v1i2.283

Abstract

Since the Covid-19 pandemic, many new businesses have sprung up in the community, both in cities and in rural areas. These businesses have sprung up due to the number of people being laid off or being laid off, so many have opened businesses to meet their daily needs. From that business into an MSME. Micro, Small and Medium Enterprises (MSMEs) are businesses owned by individuals or business entities in which business actors produce their own products. These products need legal protection. However, the protection of circulating products is still weak. Therefore, the way people show the identity and uniqueness of the trade products they have, a trademark is created. In order to create a trademark to be better known in the community and avoid trade competition even though the type of product being cultivated is the same. However, there are several problems, namely that the mark must be registered first in order to get legal protection and secondly, the public does not understand where to register the mark and under what conditions. The method of activities carried out is by observation and socialization. The results of this service are known that there are still many people who do not know the importance of registering trademarks for their MSMEs, do not know how to register trademarks for MSMEs.
Politik Hukum Pemberantasan Tindak Pidana Narkotika di Masa Pandemi Covid-19 (Studi Polda Sumut) Rahmad Gaol Hasibuan; Rizkan Zulyadi; 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 (396.543 KB) | DOI: 10.34007/jehss.v4i2.703

Abstract

Narcotics crimes are included in extraordinary crimes (extraordinary crime). Cases of narcotics abuse during this pandemic are increasing, from 2019 to 2020. The increase in narcotics circulation during the COVID-19 pandemic can be seen from the increasing number of evidence of narcotics being caught which is getting higher. This study aims to determine the modus operandi of narcotics trafficking and abuse during the Covid-19 pandemic. The research method used is normative juridical. The data used is secondary data consisting of primary, secondary and tertiary legal materials. Qualitative data analysis is used in analyzing the problem. The results of the study found that first, the modus operandi of narcotics trafficking and abuse during the Covid-19 pandemic had developed, namely by sending three bottles of narcotics in the form of liquid from China containing 10 ml which read Hemp Oil, Drug abuse is carried out in homes, apartments, and hotels. session, the modus operandi is to use postal and expedition services to several areas, and via online with a website, besides that, the mode of circulation is by means of agricultural logistics transportation, as if sending goods for the needs of the community.
Efektifitas Validasi Bea Perolehan Hak atas Tanah dan Bangunan terhadap Ketidaksesuaian Nilai Objek Pajak dalam Akta Jual Beli dengan Harga Sebenarnya Dejan Gemelar Raja Guk-Guk; Isnaini Isnaini; 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 (785.822 KB) | DOI: 10.34007/jehss.v4i2.763

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This study aims to determine the effectiveness of the validation of Land and Building Rights Acquisition Duty (BPHTB) against tax object value discrepancies, the BPHTB validation process carried out by the Medan City Regional Revenue Service (BPPRD) and how to determine the Tax Object Principal Value (NPOP) in accordance with the actual value of the tax object. This type of research is a descriptive normative research. The effectiveness of BPHTB validation against the discrepancy in the value of tax objects is seen based on the BPHTB revenue data mentioned above, it is known that the number of targets and realization of BPHTB taxes seen from 2017 to 2019 is quite effective. The BPHTB validation process carried out by the Medan City BPPRD in general is quite satisfactory, plus currently the BPHTB SSPD validation process is carried out with an online system, so that the BPHTB SSPD validation process becomes easier and faster. How to determine the Principal Value of the Tax Object (NPOP) by determining the transaction value in the sale and purchase transaction. The use of the transaction value used as the basis for calculating BPHTB often creates problems. The difference in the transaction value agreed by the parties and stated in the deed with the transaction value used as the basis for calculating BPHTB according to BPPRD research, in this case there is uncertainty about which value is correct, so determining the NPOP in accordance with the actual value of the tax object becomes difficult. except by conducting field verification on the said BPHTB object.
Penyelesaian Kasus Kekerasan Dalam Rumah Tangga Melalui Restorative Justice di Polda Sumut Artha Sebayang; Utary Maharany Barus; 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 (464.289 KB) | DOI: 10.34007/jehss.v4i1.675

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The purpose of this study was to determine the legal rules of restorative justice in the settlement of cases of Domestic Violence (KDRT) at the North Sumatra Regional Police. According to Law Number 2 of 2002 concerning the Police and the factors that cause restorative justice to not work. Research on the Settlement of Domestic Violence Cases through Restorative Justice the North Sumatra Police Case Study is a normative legal research. Normative legal research aims to examine library legal materials. In the Domestic Violence Law No. 23 of 2004 which is a criminal act of complaint and the reporter and victim are people who live within the scope of the household, but the law only confirms that there are no criminal provisions prioritizing the settlement of restorative justice for domestic violence which is minor and constitutes a criminal complaint. The concept of restorative justice is another method used to handle criminal cases. This concept prioritizes the integrity of perpetrators, victims and society as a unit to find solutions and return to a good relationship pattern between victims and perpetrators of criminal acts and one way that can be done in this concept is penal mediation.
Kesadaran Hukum Dari Perspektif Psikologi Pada Remaja Kota Medan Citra Ramadhan; Khairuddin Khairuddin; Hasanuddin Hasanuddin; Fadillah Fauza
Jurnal Diversita Vol. 8 No. 2 (2022): JURNAL DIVERSITA DESEMBER
Publisher : Faculty of Psychology, Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/diversita.v8i2.8581

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Terdapat kesenjangan kesadaran hukum pada remaja di Kota Medan. Dimana diharapkan remaja sebagai generasi masa depan lebih sadar dan taat terhadap hukum yang berlaku tetapi kenyataannya masih banyak remaja yang abai terhadap hukum terkhusus dalam kehidupan sehari-hari. Hal itu terlihat banyaknya remaja yang terlibat dalam kasus-kasus kriminal seperti begal, tawuran, pencurian, dan lain sebagainya. Tujuan dalam penelitian ini adalah untuk mengetahui secara mendalam dan lebih luas terkait kesadaran hukum dalam perspektif psikologi pada remaja di Kota Medan. Metode penelitian yang diterapkan dalam penelitian ini adalah metode kuantitatif dengan jenis penelitian deskriptif yang berfokus pada menggambarkan secara sistematik dan akurat, fakta dan karakteristik mengenai populasi atau bidang tertenu. Luaran penelitian ini yaitu publikasi artikel ilmiah pada Jurnal Sinta 3 (Jurnal Analitika).
Faktor Penghambat Penegakan Hukum Merek Di Sumatera Utara Muhammad Citra Ramadhan; Rizkan Zulyadi; Siti Nur Khadijah; Jaya Prana Pinem
Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v9i2.7155

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This research was conducted in order to identify the factors that become obstacles in the enforcement of criminal law marks in the jurisdiction of the Regional Police of North Sumatra (Poldasu). The method used in this research is normative-empirical law research (applied law research). A literature study was conducted on the legal literature, a field study was conducted on respondents with in-depth interviews with 2 officers from the Criminal Investigation Unit at Poldasu. The results of the research and discussion show that law enforcement is influenced by several factors, which then become obstacles in the implementation of the process, such as: 1) Legal factors, where the term that refers to criminal marks in Law no. 21 of 2016 concerning Marks and Geographical Indications (UU MIG) uses the word “violation” and there are provisions for complaint offenses; (Constitution); 2) Law enforcement factors, namely the parties that form and apply the law; 3) Factors of facilities and facilities that support law enforcement; 4) Community factors, namely the environment in which the law applies and is applied. 5) Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life
Penerapan Hukum terhadap Tindak Pidana Penyalahgunaan Narkotika di Wilayah Hukum Polres Pelabuhan Belawan Herman Sentosa; Isnaini Isnaini; M. Citra Ramadhan
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 (867.941 KB) | DOI: 10.34007/jehss.v5i3.1433

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The purpose of this article is to analyze the legal arrangements, the application of the law and the obstacles to the application of the law against the crime of narcotics abuse in the Legal Area of the Belawan Port Police, the actions taken against narcotics addicts or abusers as a form of legal protection that should be based on science. A policy based on emotion, rhetoric, and without scientific evidence tends to be misleading. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study show that legal arrangements regarding narcotics crimes according to Law no. 35 of 2009 concerning Narcotics is stated in article 54, as also stated in the RI Supreme Court Circular (SEMA) No. 04 of 2010. The handling of suspected narcotics abuse in the police is guided by Police Regulation No. 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. The application of law to the criminal act of narcotics abuse in the Legal Area of the Belawan Port Police through legal substance, legal structure and legal culture. There are obstacles to law enforcement against narcotics abuse in the Legal Area of the Belawan Port Police, namely police regulations limiting the requirements for implementing restorative justice, relatively weak family economic conditions, difficulty differentiating suspected abusers and traffickers.
Peran Syahbandar Belawan dalam Melaksanakan Pengawasan Keselamatan Angkutan Laut Liston Andy Saputra Butar – Butar; Taufik Siregar; M. Citra Ramadhan
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 (304.7 KB) | DOI: 10.34007/jehss.v5i3.1579

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The purpose of this research is to examine and analyze the legal rules regarding Syahbandar in Indonesian laws and regulations; the role played by Syahbandar Belawan and its obstacles in carrying out sea transportation safety. The method used is normative juridical research by analyzing laws and regulations and conceptual analysis by analyzing descriptive data. The results of the study show that the Syahbandar regulations are regulated in Law 17 of 2008 concerning shipping, Minister of Transportation Regulation No. 34 of 2012, Minister of Transportation Regulation No. 36 of 2012, and RI Government Regulation No. 9 of 2019. The future role of Syahbandar must be as the front guard in identifying cases of ship accidents at sea and must be able to change himself in a more professional direction and must routinely carry out ship inspections so that accidents during shipping can be minimized. The obstacles faced by Syahbandar in carrying out sea transportation safety supervision can be seen from a regulatory perspective, from an agency perspective, and from a facilities and infrastructure perspective. Suggestions that can be drawn from this thesis are that Belawan Syahbandar officers should provide educational supplies and train their employees to increase knowledge and skills that support supervisory activities, so that they can run properly so that the supervisory function of shipping safety can be improved.
The Legal Protection in Crime of E-Commerce Transactions Muhammad Citra Ramadhan; Dahlia Kusuma Dewi; Yasmirah Mandasari Saragih
JURNAL AKTA Vol 10, No 1 (2023): March 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i1.30010

Abstract

The E-commerce can usually be carried out between business actors, marketplace owners and also with consumers, including the use of the internet and the World Wide Web which is used to sell products and services for consumers. The provisions of Article 1 point 2 of Act No. 11 of 2008 in conjunction with Act No. 19 of 2016 Concerning Electronic Information and Transactions, state that electronic transactions are legal acts carried out using computers, computer networks or electronic media. Electronic buying and selling transactions (E-Commerce) is one of the embodiments of the provisions above. The type of research used in this study is the normative juridical type. The normative juridical research method is a research method that refers to the legal norms contained in laws and regulations. The research used in this research is descriptive analytical research. The classification of prohibited acts in the ITE Law is regulated in nine articles, from Article 27 to Article 37. The construction of these articles regulates in more detail the development of traditional crime modes as stated in the Criminal Code (KUHP). Buying and selling transactions, even though they are carried out online, based on the ITE Law and PP PSTE are still recognized as electronic transactions that can be accounted for. The Electronic Contract itself according to Article 48 paragraph (3) PP PSTE must at least contain the following matters; party identity data; object and specification; Electronic Transaction requirements; prices and fees; procedures in the event of cancellation by the parties; provisions that give the right to the aggrieved party to be able to return the goods and/or request a product replacement if there are hidden defects; and the choice of law for settlement of Electronic Transactions.
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