Claim Missing Document
Check
Articles

Found 17 Documents
Search

Penentuan Kerugian Keuangan Negara Akibat Penyalahgunaan Kewenangan Pejabat Pemerintah Ridho Mubarak; Wessy Trisna
Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i2.5811

Abstract

This study aims to determine that governance must be based on the principle of legality, the principle of protection of human rights and the general principles of good governance (AAUPB), and must be guided by the principle of not abusing authority. Regarding the actions of the authorities for criminal acts of corruption, it can be seen in Article 3 of the Anti-Corruption Law that the authority by someone who has a position or position as a result is detrimental to the State Finance. The research method used is normative legal research with analytical descriptive nature. The research data sources consist of primary and secondary legal sources using a library research approach which are then analyzed qualitatively. The results of the study indicate that the authorities, both according to state administrative law or criminal law, have their respective legal domains, even though both have a close relationship. In terms of the government's accountability for state finances in accordance with Article 30-32 of Law No. 17 of 2003 concerning State Finances, it is stated that both the President and Regional Heads (Governor/Regent/Mayor) are required to submit an accountability report on the implementation of the APBN/APBD to the DPR/DPRD in the form of financial statements that have been audited by the BPK so that it causes state financial losses in corruption in practice more than real losses (actual losses) and does not discuss detrimental losses from potential future losses
TINDAK PIDANA PEMALSUAN SERTIFIKASI PRODUK DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Kasus di Pengadilan Negeri Medan) Wessy Trisna; M.Yusrizal Adi Syahputra; Otto Paiantua Tampubolon
Jurnal Ilmiah Penegakan Hukum Vol 1, No 2 (2014): Jurnal Ilmiah Penegakan Hukum Desember
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v1i2.1851

Abstract

Law enforcement against businesses that fabricate products in terms oflaw No. 8 of 1999 about consumer protection, then against the perpetrators ofemployers who perform these action can requested compensation by consumersbecause such actions are contrary to the provisions of law protection consumer.The compensation must be reported solely by consumers to relevant authoritiesis Consumer Dispute Resolution in the jurisdiction in which product is feared tobe sertificate.
Analisis Yuridis terhadap Korban Penyebaran Berita Bohong (Hoax) di Media Sosial Ridho Mubarak; Wessy Trisna
Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i1.4214

Abstract

Technological developments make it easier for people to get any information from various social media applications including Instagram, LINE, and Whatsapp, but it is easier for irresponsible parties to consciously spread false information. Social media is different from the mass media which is used to disseminate information and news, this is because social media is not organized or institutionalized. So that if any news broadcast turns out to be fake news (hoax), the mass media can be sued or held accountable for broadcasting hoaxes. This research is a normative empirical legal research which is descriptive analytical in nature, meaning that this research does not only describe by analyzing a situation or symptom, both at a positive legal level but also wants to provide proper regulation (das sollen) and solve legal problems related to hoax crime. The data collected using literature review and document analysis aims to provide an overview of the legal regulations governing these indirect victims. As for the results of the research, it is hoped that efforts should be made by the police to protect the people who are disadvantaged by this hoax.
Tinjauan Hukum Terhadap Pemberian Pelayanan Kesehatan Dan Makanan Terhadap Narapidana ( Studi Kasus Di Lembaga Pemasyarakatan Tanjung Gusta Medan ) Aliftha Rozakiya; Agus Salim Daulay; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.863 KB) | DOI: 10.31289/juncto.v1i1.192

Abstract

In the Law of the Republic of Indonesia Number 12 Year 1995 regarding Penitentiary states that one of the rights of prisoners is to get adequate health and food services, health services and foods that meet health requirements. This research is a kind of juridical-empirical research with the fact approach and the statue approach. Data collection procedures used are interviews, documentation and observation. Data analysis uses descriptive qualitative analysis methods. The results of research that have been carried out that fulfillment of the rights of TanjungGustaLapas inmates in getting health and food services has been going well according to applicable laws and regulations. However, due to over capacity, health and food services are less than optimal. General obstacles faced by TanjungGustaLapas Medan officers are inmates who are not yet registered as BPJS holders, over capacity which causes health and food services as well as skills training for inmates less than optimal.
Implementasi Tindak Pidana Ringan Dalam Kasus Penganiayaan (Studi Putusan Nomor : 178/Pid.B/ 2017/ PN. Mdn) Anwita Fauziah M; Ridho Mubarak; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 1, No 1 (2019): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (796.548 KB) | DOI: 10.31289/juncto.v1i1.193

Abstract

Minor criminal acts are regulated in Article 352 of the Indonesian Criminal Code, which is a maltreatment that does not cause illness or is prevented from doing office or daily work. Type of normative juridical research. The nature of the research is analytical descriptive is a study that describes, examines, explains and analyzes a legal regulation and describes the results of the data received based on the data source and also by analyzing related cases based on sample cases seen from the Medan District Court Decision in a criminal offense of minor maltreatment . The application of criminal law against criminal offenses of mild persecution in Decision Number: 178 / Pid.B / 2017 / PN Mdn is the perpetrators violating Article 351 paragraph (1) of the Criminal Code, namely: first, legally proven and convincing guilty of committing a criminal offense, secondly, sentenced to prison for 3 (three) months and 15 (fifteen) days, third, stipulates the period of arrest and detention that has been served by the Defendant deducted entirely from the criminal convicted, fourth, orders the Defendant to remain in custody, fifth, imposes case costs to The defendant is Rp. 2,000, - (two thousand rupiah).
Kajian Hukum Terhadap Tindak Pidana Mengedarkan Obat Yang Tidak Memiliki Izin Edar (Studi Putusan Nomor : 1131/Pid.Sus/2018/PN.Mdn) Anggi Nadya Nasution; Muazzul Muazzul; Wessy Trisna
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.v2i2.318

Abstract

Crimes in the pharmaceutical field, which are related to drug distribution without circulation authorization, have occurred in many regions in Indonesia. The rise of the circulation of illegal drugs proves that Indonesia's defense is still weak from the invasion of things that endanger the community. This type of research is normative research and the nature of the study used is analytical descriptive. Data will be analyzed by qualitative methods. Based on data analysis conducted Legal arrangements regarding drug distribution licenses are in the Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number HK.00.05.1.23.3516 Concerning Circulars of Drug Products, Traditional Medicines, Cosmetics, Food Supplements, and Food Sourced, Containing , Of Specific Ingredients and Or Containing Alcohol, Law No. 8 of 1999 concerning Consumer Protection, Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number 24 of 2017 concerning Criteria and procedures for drug registration. Presidential Regulation (Perpres) Number: 80 of 2017 concerning the Food and Drug Supervisory Agency (BPOM).
Perlindungan Hukum Terhadap Korban Tindak Pidana Pencurian Ditinjau Dari Kajian Victimlogi (Studi Putusan No : 20/Pid.B/2017/PN. Mdn) Jhovindo Sitorus; Rizkan Zulyadi; Wessy Trisna
JUNCTO: Jurnal Ilmiah Hukum Vol 2, No 1 (2020): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (259.948 KB) | DOI: 10.31289/juncto.v2i1.232

Abstract

Protection against victims of theft is a protection according to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, all efforts are to fulfill rights and provide assistance to provide security to victims that must be carried out by the Witness and Victim Protection Agency (LPSK) or other institutions according to criteria. This protection is given at all stages of the criminal justice process within the judicial environment. The following are the rights of victims and witnesses in Law Number 13 of 2006 concerning Protection of Witnesses and Victims Article 5. The research method in this paper is a normative method that collects library data. The results and discussion of this study is about the protection of victims of theft based on the decision number: 20 / Pid.B / 2017 / PN. Mdn, based on the principle or theory of justice is not fair because there is no restitution or compensation to the victim, and the judge's consideration is to pay attention to things that are lightening and burdensome and pay attention to the absence of justification and forgiveness reasons for imposing a criminal sentence in the form of imprisonment for 2 years against the perpetrators.
Tinjauan Yuridis Tindak Pidana Penggelapan (Studi Putusan No. 9/Pid.B/2016/PN. Medan) Abdi Azkhari Butar Butar; Abdul Lawali Hasibuan; Wessy Trisna
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.v2i2.325

Abstract

The rise of theft, loss and embezzlement of motorbikes in the city of Medan is never ending even no longer a public secret, every day there are always reports of motorcycle loss in the Old Deli Police Station for that the writer feels interested in doing a study about the theft of the motorcycle. The method used in this study is normative juridical and analytical descriptive. Judge's consideration in examining cases of embezzlement has incriminating and mitigating matters. The aggravating thing is that the Defendant's actions can disturb the community and the mitigating thing is that the Defendant admitted frankly his actions and regretted them and the Defendant has never been punished. Efforts made by law enforcers against motorcycle embezzlement are preventive measures, which are efforts that prevent acts or criminal offenses occurring both institutionally and in coordination with the local community. While other efforts are repressive efforts, namely efforts that are emphasized in the criminal process against the perpetrators after the crime occurred, so that it creates a deterrent effect on the perpetrators so that they do not commit-another-crime
Kajian Kriminologi Terhadap Tindak Pidana Pencurian Sepeda Motor Tri Fahtur Rohman; Muazzul Muazzul; Wessy Trisna
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.v3i1.505

Abstract

Criminology covers a wide and diverse range of studies, causing criminology to be an interdisciplinary study of crime. Criminology does not only stop at the description of events and forms of crime on the surface, but also reaches traces of the causes or roots of the crime itself both from individuals and from sources of social, cultural, political and economic conditions, including various government policies (including legal formulation and law enforcement). Theft is taking something, which is wholly or partly owned by someone else, with the intention of being owned illegally, factors causing the occurrence of theft include educational factor, economic factor, social factor. The problem in writing this thesis is how the legal process of the crime of theft of motor vehicles in the case of the decision number: 1381/Pid.B/2017/PNMdn and how to deal with the crime of motor vehicle theft. The method used is normative juridical, namely research focused on examining the application of applicable rules or norms in positive law. The type of normative juridical research is carried out by examining various formal legal rules such as laws, regulations and literature which contins theoretical concepts which are then related to the problems that will be discussed in this study.
Penerapan Restorative Justice Terhadap Pencurian Buah Kelapa Sawit Oleh Anak Di Bawah Umur (Studi Kasus Di PTPN IV Unit Air Batu) Agung Nusa Pratidina; Marsella Marsella; Wessy Trisna
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.v2i2.326

Abstract

Theft is one type of crime that often occurs wherever and whenever. Theft carried out by minors is not new, remembering that the age is still underage, Restorative justice is highly recommended to be applied in the settlement of the theft case. The research method used in this study is juridical empirical and the nature of the study using descriptive analytical research. Settlement of problems with the Implementation of the Restorative Justice Principle will make children aware of the wrong doing of children. Opening opportunities for dialogue between the perpetrators and their victims, a family-friendly approach like this is likely to be successful than sending children to justice, because processing children to justice will not guarantee the children's rights, it can even make children worse. The transfer of formal legal processes to non-formal settlement can be used as a reference for judges to settle children's cases, because it can provide maximum protection for the child's future. The form of settlement is first secured to the office of PTPN IV Air Batu, then with all the existing processes the child makes an agreement to the PTPN IV so as not to commit crimes again and create a deterrent effect for him.