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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; M.Citra Ramadhan; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 1 (2023): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i1.1366

Abstract

The existence of an agreement is a condition that must be met for the validity of an agreement. The agreement regulates the rights and obligations, the importance of insurance in its development to advance the development of insurance. Paying the premium is not on time, so that the insurance claim submitted is rejected by the company, because it is already in a state of Lapse. Failure to pay is not the insured's fault, but the agent's fault for not paying the premium to the company. This study aims to find out how agents are regulated in insurance companies in Indonesia and how insurance companies are responsible for customers who experience policy lapse due to agent negligence in paying premiums. Normative juridical research methods. The nature of the research is analytical descriptive with a literature study approach (Library Research) and field studies at the Medan District Court (Case Study of Decision No.320/Pdt.G/2019/Pn Mdn). The results of the study explained that the defendant (PT. Prudential Life Assurance) was completely irresponsible and there was no good faith towards the plaintiff (yurnawilis) who claimed the insurance of the deceased insured. Ambun Sari (the plaintiff's biological mother), the case was also stated as obscuur libel (fuzzy) posita and the plaintiff's petitum were not related, it does not mean that the defendant was not responsible for insurance claims.
CONSTRAINTS TO THE PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY THROUGH INVENTORY BY THE DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY M. Citra Ramadhan; Fitri Yanni Dewi Siregar
Kanun Jurnal Ilmu Hukum Vol 24, No 3 (2022): Vol. 24, No. 3, December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i3.28098

Abstract

This purpose of this research is to identify the constrains that arise in the inventory efforts carried out by the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia in order to realize the legal protection of communal intellectual property. The method used is normative legal research with an evaluative nature, where the sources of legal material obtained in this research are then analyzed qualitatively. The constrains that have been identified are: Constraints in terms of substance, related to the confusion of communal intellectual property rights holders; Constraints in terms of structure, related to coordinating the inventory of communal intellectual property without involving a custodian; Constraints in terms of culture, related to the culture of speech for the custodian of communal intellectual property in Indonesia. These constrains will certainly hinder the government’s efforts to realize the legal protection of Indonesian communal intellectual property. Therefore, it is necessary to make improvements from several aspects, namely: First, the holder of communal intellectual property rights is the custodian; Second, the inventory should be carried out directly or at least involve the custodian; Third, grounding the documentation culture in communal intellectual property custodians in Indonesia
Implementation of the Tax Law on the Imposition of Tobacco Products Tax in the Bintan Free Trade Zone Vicky Fadian; Isnaini Isnaini; M. Citra Ramadhan
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.v1i09.62

Abstract

This research was conducted to determine how the regulation and application of the law on the imposition of cigarette excise in the Bintan FTZ (Free Trade Zone) and how the Tanjungpinang Customs Office oversees the circulation of illegal cigarettes in the Bintan FTZ. This research is empirical juridical research with a descriptive nature. It is known that the legal arrangements regarding the imposition of cigarette excise at FTZ Bintan refer to Law Number 39 of 2007, Law Number 36 of 2000 as last amended by Law Number 44 of 2007, PP Number 41 of 2021, and Ministerial Regulation Finance Number 34/PMK.04/2021. The application of this law can be seen from the substance of the law, where the law on the imposition of cigarette excise in the Bintan FTZ is subject to cigarette excise. From the legal structure, law enforcement overseeing illegal cigarette distribution in the Bintan FTZ consists of Customs, TNI, Polri, the Attorney General's Office, the Judiciary, and the Civil Service Police Unit as supporters. In terms of legal culture, the decline in the results of controlling illegal cigarettes in the Bintan FTZ shows that the level of public trust in the provisions of the Excise Law has begun to increase. Supervision carried out by Tanjungpinang Customs and Excise is carried out in 2 (two) ways, namely preventive and repressive.
Analisis Hukum Terhadap Wanprestasi pada Perjanjian Kerjasama Pengelolaan Kebun Kelapa Sawit (Studi: PT. Tepian Gayor Langkat) Tanjung, Putri Marwin; Ramadhan, Muhammad Citra; Siregar, Fitri Dewi Yanni
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.v5i2.2382

Abstract

The purpose of this study was to determine the implementation of the Palm Oil Plantation Management Cooperation Agreement at PT Tepian Gayor Langkat classified into default, Legal Efforts of the Parties to the act of default in the palm oil plantation management cooperation agreement at PT Tepian Gayor Langkat and Legal Consequences of Default in the Implementation of the Palm Oil Plantation Management Cooperation Agreement at PT Tepian Gayor Langkat. This research uses a normative juridical approach which is literature and field research. The results showed that the implementation of cooperation in managing oil palm plantations at PT Tepian Gayor Langkat showed that the Civil Code had accommodated well, but ended in default. Efforts were made on the act of default by giving a reprimand, a written warning, or a subpoena, making criminal law efforts by making a complaint to the North Sumatra Regional Police, and filing a lawsuit to the Medan District Court. Legal Consequences of Default in the Implementation of the Cooperation Agreement for the Management of Oil Palm Plantations at PT Tepian Gayor Langkat, namely the cancellation of the cooperation agreement and providing compensation of Rp. 200,000.00 (Two Hundred Million Rupiah).
Pelanggaran Hak Cipta Buku yang Diperjualbelikan Melalui E-Commerce di Kota Medan M. Citra Ramadhan; Yadi, Pitra; Yanni Dewi Siregar, Fitri; Lubis, Muhammad Koginta
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.12047

Abstract

This study aims to obtain a comprehensive overview of the legal provisions related to the legal regulation of book copyright, forms of copyright infringement of books traded through e-commerce in Medan City, and the causes of copyright infringement of books traded through e-commerce. In line with the purpose of this study, the research method used is normative legal research, in order to get a full picture not only of the positive law that regulates it (law in a book), but also the consequences of its enforcement in society (law in action). The results of this study indicate that books are copyrighted works protected by Law Number 28 of 2014 concerning Copyright, so that the creator gets legal protection from all forms of infringement, both with respect to moral rights and economic rights. Forms of copyright infringement in the form of infringement of economic rights, where books traded through e-commerce in Medan is a book of the results of the copy without the right or permission of the creator or copyright holder; Copyright infringement of books traded through e-commerce can occur because of the weak copyright law system both in terms of substance, structure and culture of society itself.
Analisis Hukum Terhadap Wanprestasi pada Perjanjian Kerjasama Pengelolaan Kebun Kelapa Sawit (Studi: PT. Tepian Gayor Langkat) Tanjung, Putri Marwin; Ramadhan, Muhammad Citra; Siregar, Fitri Yanni Dewi
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.3106

Abstract

This study aims to analyze the implementation of the oil palm plantation management cooperation agreement at PT. The edge of Gayor Langkat, identifies the default that occurred, and evaluates legal remedies and legal consequences arising from the violation. This study uses a normative juridical approach with qualitative descriptive analysis based on literature studies and interviews. The data was analyzed to identify defaults, legal remedies, and consequences in the agreement of PT. The banks of Gayor Langkat. The results of the study show that the implementation of the cooperation agreement between PT. The banks of Gayor Langkat and Darmawan Armiadi were declared in default due to violations of Articles 3, 4, and 8 related to written approvals, financial statements, and profit sharing. The Second Party failed to fulfill its obligations, causing the First Party to lose Rp. 138,726,000. After legal remedies such as reprimands, summonses, and lawsuits, the court ruled on default, canceled the agreement, and sentenced the Second Party to pay damages of Rp200,000,000. This case emphasizes the importance of a strong agreement, strict supervision, and compliance to prevent losses and ensure fairness.
Analysis of the Role of Advocates in Industrial Relations Dispute Resolution: The Case of the Medan Manpower Office Limutra, William Leonardy; Siregar, Taufik; Ramadhan, M. Citra
Journal of Public Representative and Society Provision Vol. 4 No. 3 (2024): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v4i3.464

Abstract

Industrial relations dispute resolution is an important issue in the world of labor that requires the right legal approach. This study aims to analyze the role of advocates in resolving industrial relations disputes at the Medan City Manpower Office, especially in the mediation and litigation stages. The research method used is a qualitative approach with data collection through in-depth interviews, observations, and document studies. The data were analyzed descriptively by relating them to relevant theories and legal frameworks. The results of the study show that advocates have a strategic role in helping the parties to the dispute understand their rights and obligations, both through legal consultation, assistance in mediation, and legal representation in the litigation process at the Industrial Relations Court. In addition, advocates also contribute to the preparation of legal documents that support client claims. However, there are a number of obstacles faced by advocates, such as low legal understanding from the parties to the dispute, limited competence of mediators, and lack of supporting evidence. This obstacle often prolongs the duration of dispute resolution and reduces the effectiveness of mediation. This study concludes that the role of advocates is very important in creating a fair and efficient dispute resolution process. However, improvements are needed in the dispute resolution system, such as increasing legal literacy, training mediators, and optimizing mediation procedures. This finding is expected to contribute to the development of better industrial relations settlement practices, especially in the city of Medan.
Environmental and Green Investment Regulations: The Impact of China's Belt and Green Road Initiative in Southeast Asia Jing, Zhang; Zulyadi, Rizkan; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5094

Abstract

The Green Belt and Road Initiative (BRI), China's international development strategy, aims to improve regional connectivity while addressing the environmental challenges of major infrastructure projects. This study explores the impact of BRI on environmental regulations and green investment in Southeast Asia, given the importance of sustainable development in the global economy. Research methods include document analysis, project reports, academic literature, and interviews with stakeholders, as well as case studies. The results show that BRI is driving the transformation of environmental regulations in countries such as Viet Nam, Indonesia, and Thailand, and facilitating the shift towards green investment. Investments in renewable energy, sustainable urban planning, and green technology are growing. Despite challenges such as high costs and alignment of interests, BRI opens up opportunities for international cooperation and green market development. This research emphasizes the need for a multifaceted approach to balance economic growth and environmental protection.
Penegakan Hukum Terhadap Tindak Pidana Judi Togel Sidney di Kota Medan Yudhanto, Dimas; Munthe, Riswan; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5335

Abstract

This research aims to analyze law enforcement and the judge's considerations in handing down criminal decisions against perpetrators of Sidney gambling crimes in the Medan District Court decision Number 1293/Pid.B/2024/PN Mdn. Law enforcement of criminal acts of gambling shoul be carried out by considering every law and regulation. The research method used is normative juridical with data collection through library research in the form of books and legal journals and criminal regulations. Based on the research results, it was found that the enforcement of punishment in handing down criminal decision was that the Panel of Judges in handing down sentences did not comply with the applicable regulations because they only paid attention to Article 303 of the Criminal Code. The Panel of Judges should also consider Article 27 paragraph (2) of Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) which contains gambling. This was proven in the process of arresting the defendant, Rabndranath Pilay, who was using internet media by accessing the link www.dewatogel.com in his gambling activities. The judge's consideration in handing down criminal decision was to take into account more non-juridical aspects where the judge looked more at the defendant's background, economic situation and life of the defendant without considering the negative impact of gambling. The panel of judges should give the maximum possible punishment in order to eradicate gambling in society
Analysis of Law Enforcement Against Children as Perpetrators of Violent Theft: A Case Study of the Southeast Aceh Police Irvandi, Irvandi; Ramadhan, M. Citra; Frensh, Wenggedes
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.494

Abstract

Law enforcement against children as perpetrators of violent theft is a complex issue that requires special attention, especially in the application of the principle of restorative justice in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the applicable legal rules, the implementation of law enforcement by the Southeast Aceh Police, as well as the obstacles faced in handling cases of children as perpetrators of violent theft. The research method used is qualitative with a case study approach, which involves in-depth interviews, observations, and document studies. The results of the study show that the rule of law prioritizes the principles of child rehabilitation and protection through a diversion mechanism to prevent children from the formal criminal justice system. The Southeast Aceh Police has tried to apply this principle, despite facing various obstacles, such as limited facilities for children, lack of trained human resources, and low public understanding of the restorative approach. This research emphasizes the importance of a holistic approach that involves various parties to increase the effectiveness of law enforcement against children. Support in the form of training officials, improving child-friendly facilities, and community education is needed to ensure the success of a fair juvenile criminal justice system and support the social reintegration of child offenders. Thus, this system can function optimally to protect children's rights, create justice for victims, and restore social harmony.
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