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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) DOKTRINA: JOURNAL OF LAW ARBITER: Jurnal Ilmiah Magister Hukum Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum All Fields of Science Journal Liaison Academia and Sosiety

Zaini Munawir

Universitas Medan Area

Author-ID : 3527274

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Mediasi Dalam Tiga Sistem Hukum Dan Perannya di Dalam Terwujudnya Keberhasilan Tujuan Hukum di Indonesia Taufik Siregar; Zaini Munawir
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 1 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) Agustus
Publisher : Mahesa Research Center

This study examines how the mediation process according to PERMA No. 1 of 2016, how the level of effectiveness of mediators in resolving cases in the Court and how the role of mediation in realizing the successful realization of legal objectives in Indonesia. The research method used is empirical juridical research, namely legal research conducted by examining directly to the field where the object under study is by direct observation of the 5 (five) State Procurement; Medan, Lubuk Pakam, Binjai, Stabat, Tanjung Balai. Preliminary data on the success of national mediation in 2017 in the MA Case Search Information System (SIPP) is only around 4.14%. The amount is a combination of mediation success in the general court and religious court. The 4.14% success data is based on real data that was successfully displayed in the mediation report menu at SIPP MA. The data source was drawn from the local SIPP of each court in Indonesia. From the description above, it can be understood that mediation is a necessity that must be applied by the judiciary in order to settle disputes peacefully, the application of the principle of justice fast, low cost and simple, and to suppress the accumulation of cases that occur. Data on mediation in successful trials nationwide is less than 4%. Mediation that was expected to be an alternative solution turned out to be devoid of achievement. As a Suggestion For judges appointed as mediators must change the mindset that, the implementation of this mediation is not just to carry out an anich rules, but further than that is that dispute resolution between parties who are parties can be carried out by peaceful means based on agreement.

Asas Legalitas dalam Kepastian Hukum Terhadap Praktek Kartel Usaha Breeding Farm (Studi Putusan KPPU Nomor 02/KPPU-I/2002) zaini Munawir
DOKTRINA: JOURNAL OF LAW Vol 3, No 1 (2020): Doktrina:Journal of Law April 2020
Publisher : Universitas Medan Area

This paper analyzes the decision of KPPU Number 02 / KPPU-I / 2002 concerning the principle of legality in legal certainty towards the practice of Breeding Farm Business Cartel, where the business man carries out a cartel in the form of GPPU or Poultry Farmers Association and has entered into an agreement regarding price and stock, but its nature incidental and occurred before the enactment of Law Number 5 of 1999 and not continued after the enactment of Law Number 5 of 1999 which is March 5, 2000. The method in this research is normative juridical research (normative legal research methods). Normative juridical research methods are library legal research conducted by examining library materials or secondary data. The results found are that although the agreement elements in Article 11 of Law Number 5 Year 1999 have been fulfilled according to the KPPU, the agreement is incidental in nature which only occurs when the breeders provide price relief to the breeder's cooperative at the end of 1999 and currently the agreement is no longer valid, so as such the element of agreement in Article 11 of Law Number 5 of 1999 is not fulfilled and it can be said that the cartel conducted prior to the entry into force of Law Number 5 of 1999

Pertanggung Jawaban Pidana Karyawan Korporasi Dalam Tindak Pidana Lingkungan Hidup (Studi Putusan No. 133/Pid.B/2013/PN. MBO) Andika Try Anantama; Zaini Munawir; Rafiqi Rafiqi
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 2 (2020): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v2i2.322

Environmental Crimes committed by a person or corporate legal entity often occur around the environment where we live without us knowing it, especially in an environment full of companies that can damage the surrounding environment. The research method used in this study is juridical normative and descriptive analytical nature of the study. The legal regulation on environmental crime, especially regarding forest and land burning is regulated in Article 187 of the Criminal Code, Article 78 paragraph (3) of Law Number 41 of 1999 concerning Forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantations. Criminal liability of corporate offenders in imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah), Determine if the fine is not paid replaced with imprisonment for 5 (five) months. Judge's consideration in this decision, that the Defendant violated Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) of Law Number 32 of 2009 concerning Environmental Protection and Management and jo Article 64 paragraph (1) of the Criminal Code has several considerations, namely incriminating circumstances and mitigating circumstances.

Tinjauan Yuridis Terhadap Anggota Koperasi Dalam Hal wanprestasi Atas Pelaksanaan Perjanjian Kredit Pada Koperasi Unit Desa Jihan Fadila; Zaini Munawir; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 4, No 1 (2022): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v4i1.1076

In the process of granting credit, it is often the case that the creditor is detrimental when the debtor defaults, so we need a rule contained in a credit agreement that aims to provide certainty for the related parties. The research objectives to be achieved in this study are to determine the procedure for implementing credit agreements, to determine dispute resolution when a member of a cooperative defaults in a credit agreement, to find out the legal consequences if a member of a cooperative defaults in a credit agreement. The research method used is Library Research and Field Research. Juridical research type normative. The conclusion obtained is the procedure contained in KUD "Harta" Langkat to perform a credit agreement by way of : submitting an application, providing information on the object of the guarantee, observing the object of the collateral, and approving the object of the guarantee. Settlement of default disputes in credit arrangements at KUD "Harta" Langkat takes several ways, namely litigation and non-litigation, but in accordance with the cooperative principle, it must first be resolved by agreement, if not resolved, it will be resolved through legal channels. Legal consequences arising from default in credit arrangements at KUD "Harta" Langkat by giving a warning letter and if the obligations are not fulfilled then the status can be abolished.

Perlindungan Hukum Bagi Pekerja Kontrak Yang Mengalami Pemutusan Hubungan Kerja Pada Masa Kontrak (Studi Kasus Putusan Nomor : 82/Pdt.Sus-Phi/2016/PN. Mdn) Sintha Dewi Silalahi; Zaini Munawir; Muhammad Yusrizal Adi Syaputra
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Work relationships that occur between companies are reciprocal relationships, i.e. relationships that need each other. The company will not be able to carry out its activities without having workers and vice versa. Individuals who work in a company certainly work to get a wage. Based on this relationship, each party, namely the company and workers, is protected by their rights and obligations. This type of normative juridical research is carried out by reviewing various formal legal rules such as laws, regulations and literature containing theoretical concepts which are then linked to the issues to be discussed. Data analysis is done by qualitative analysis, namely by interpreting the symptoms that occur, not in exposure to behavior, but in a tendency. The working relationship between the Plaintiff and the Defendant is in fact not fulfilling the requirements as described, namely a permanent work relationship, because the conditions that are not fulfilled so that the employment relationship between the Plaintiff and the Defendant must be interpreted as non-permanent work. The working relationship between the Plaintiff and the Defendant which is not permanent, then by itself can be the basis of the working relationship between the Plaintiff and the Defendant is made working relations based on the Specific Time Work Agreement (PKWT)

Tinjauan Yuridis Penyelesaian Sengketa Atas Pemakai Kartu Kredit Tipe Gold Dengan Bank Penerbit Kartu Kredit (Studi Putusan No. 161/Pdt-G/2017/PN. Mdn) Rahalim Raja Muda Harahap; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 2 (2019): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

The credit card business in the modern era is now in great demand by the public so it is not surprising that banks are competing to issue credit cards with very attractive facilities that create competition between banks in Indonesia. This type of research is normative research, namely the type of research conducted by studying existing norms or legislation related to the issues discussed. The legal basis for credit card issuance is an agreement agreed by the parties, Act Number 3 of 2004 concerning Bank Indonesia. Law Number 10 of 1998 concerning National Banking. Decree of the Minister of Finance Number 1251 / KMK. 013/1988 Regarding the Provisions and Procedure for the Implementation of Bank Indonesia Regulation Financing Institutions Number 7/52 / PBI / 2005 concerning the Implementation of Card-Based Payment Instrument Activities, dated 28 December 2005, updated with Bank Indonesia Regulation Number 10/8 / PBI / 2008. Article 16 A and Article 16B of Bank Indonesia Regulation Number 14/2 / PBI / 2012. Factors that cause credit card disputes are delays and the inability to use credit cards to pay bills on their credit cards. Dispute Resolution in Decision No. 161 / Pdt.G / 2017 / PN. Mdn. Settlement is done through the Medan District Court because there is no settlement through consultation

Pelaksanaan Pembagian Harta Warisan Berdasarkan Hukum Adat Pada Masyarakat Suku Minangkabau Di Kota Matsum II Medan Huma Sarah; Zaini Munawir; Sri Hidayani
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.504

Indonesia has diverse customs, one of which is the Minangkabau tribe. Many Minang tribes go abroad to big cities that aim to change their destiny. The custom of the Minangkabau tribe is regulated according to the mother law (matrilineal). Over time the adat experienced a shift, especially in terms of the distribution of inheritance, especially the people of Bukittinggi, West Sumatra, who migrated or left their hometowns to Matsum II City, where the community had 80% inhabitants inhabited by the Minang tribe community. This raises the interest of writers to find out what is the cause of the shift in customs occur. The research method used is to come directly to the field and conduct interviews by taking a sample of 10 people, the sample was randomly selected by the criteria of the people who have Minangkabau ethnicity. Based on the results of the author's research conducted in the City of Matsum II, Medan Area District, 90% actually no longer use the customary inheritance system in the distribution of inheritance. The factors causing changes in the inheritance distribution system is due to the migration of the Minangkabau tribe community who have assets based on the results of the livelihood with their husband and wife while they are overseas so that the Minangkabau tribal people prefer the distribution of inheritance based on Islamic law.

Pengaruh Mediasi Dalam Penyelesaian Sengketa Waris Khozanah Ilma Terok; Zaini Munawir; Anggreni Atmei Lubis
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 1 (2021): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i1.471

Mediation in the process of proceedings at the Court is an important stage, so the Judge can delay the proceedings. At the first session, the Judge was obliged to encourage the parties to carry out the mediation process and provide explanations to the parties regarding the procedures and costs of mediation. This is important so that the parties can know the mechanisms, procedures and costs of mediation that must be issued in the mediation process. The mediation process is divided into three stages, namely the pre-mediation stage, the stage of mediation implementation, and the final stage of the implementation of the mediation results. The mediation stage begins with important steps: preliminary remarks by the mediator, presentation and presentation of the parties' stories, sorting and clarifying issues, discussing and negotiating agreed issues, creating options, finding points of agreement and formulating decisions, recording and retelling decisions and closing mediation. Effect of the mediation process in resolving inheritance disputes in Decision No.2570 / Pdt.G / 2017 / PA. Mdn can be said to be successful, because the parties to the dispute can reconcile according to the peace deeds made and agreed by each party in litigation. Constraints faced in the mediation process in resolving disputes over the distribution of shared assets after divorce, namely the absence of a mechanism that can force one party or parties to attend mediation meetings, lack of goodwill of the parties to reconcile.

Tinjauan Yuridis Jual Beli Sawit Antara Pemasok Sawit Dengan Masyarakat Aek Torop Desa Asam Jawa Nadya Francela Hasibuan; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.489

The purpose of this research is: to find out how the form of sale and purchase agreement between toke oil palm and the people of Aek Torop, Asamjawa Village, Torgamba Labuhanbatu Selatan District in accordance with Article 1320 of the Civil Code and to find out what the forms of rights and obligations and the termination of the sale and purchase agreement between toke oil palm and the Aek community Torop Asamjawa Village, Torgamba South Labuhanbatu District. The type of research the writer uses is normative legal research. The results showed that the form of agreement made by the supplier (toke) with the Aek Torop Community, Asamjawa Village, Torgamba South Labuhanbatu District is a direct agreement system, where the agreement is made through a face-to-face process, and the validity of the agreement is made by shaking hands. The contents of the agreement are the terms of price and payment system that will be carried out by both parties. The form of rights and obligations that must be carried out by both parties is to give the harvest (palm oil) to the toke and pay the harvest (palm) which has been weighed according to the agreed price. The agreement ends when the farmers give their crops and the supplier pays the scales according to the set price.

Tinjauan Yuridis Perbuatan Melawan Hukum Penguasaan Rumah Toko Yang Merupakan Harta Warisan (Studi Putusan Nomor 215/Pdt/2017/PT. Medan) Christian Situngkir; Zaini Munawir; Windy Sri Wahyuni
JUNCTO: Jurnal Ilmiah Hukum Vol 3, No 2 (2021): JUNCTO : Jurnal Ilmiah Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v3i2.491

Acting against the law is not only against the law, but also acts or does not violate the rights of others against decency or caution, appropriateness and propriety in public traffic. Actions against the law can also be interpreted as a collection of legal principles that aim to control or regulate dangerous behavior, to give responsibility for a loss that arises from social interactions, and to provide compensation to victims with an appropriate lawsuit. This type of research used in this paper is normative juridical. The research objective is to examine the juridical action against the law. The legal consequence of an illegal act committed on the basis of inheritance is that someone who commits an act against the law will be subject to sanctions in the form of compensation in accordance with the provisions in book III of the Civil Code which has been explained about Acts against the Law (PMH) starting from Article 1365 of the Civil Code up to Article 1380 KUHPerdata Legal settlement in unlawful acts committed on the basis of inheritance based on decision No. 215 / pdt / 2017 / PT. Mdn is settled by means of compensation that has been agreed between the parties and has been stated in the contents of the verdict of this case.

Co-Authors Abdul Hafiz Rangkuti Andika Try Anantama Anggreni Atmei Lubis Christian Situngkir Fitri Yanni Dewi Siregar Huma Sarah Jihan Fadila Jihan Fadzillah Khozanah Ilma Terok Marsella Marsella Martinus Halawa Muhammad Yusrizal Adi Syaputra Nadya Francela Hasibuan Rafiqi Rahalim Raja Muda Harahap Raudha Anggraini Tarigan Sintha Dewi Silalahi Sri Hardini Sri Hidayani Taufik Siregar Waridah Waridah William Vincent Purba Windy Sri Wahyuni

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