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All Journal ARBITER: Jurnal Ilmiah Magister Hukum
Jusmadi Sikumbang
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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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.
Aspek Hukum Pelaksanaan Pengujian Kelayakan Angkutan Bermotor; (Studi Kasus Di Unit Pelaksana Teknis Pengujian Kenderaan Bermotor, Terminal Pinang Baris Medan) Harahap, Romulhan; Ginting, Budiman; Sikumbang, Jusmadi; Jamilah, Jamilah
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 1 (2020): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.613 KB) | DOI: 10.31289/arbiter.v2i1.108

Abstract

Transportation Agency is an organization that serves to held public services in road freight traffic. One of the programs the Department of Transportation that is the setting of public transport (people) through the testing of motor vehicles. Given the need for transport is a top priority in fulfilling the needs of daily life - a good day for work, school, college, and the other, the number of accident victims bring people, besides the risk of air pollution was inevitable. It was all no existence apart from motor vehicles both for public transport and private interests.
Penegakan Hukum Terhadap Pelanggaran Muatan Angkutan Barang Di Jalan Kabupaten (Studi Di Kabupaten Langkat) Tarigan, Harimin; Jauhari, Iman; Sikumbang, Jusmadi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 2, No 2 (2020): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v2i2.133

Abstract

This research aims to analyze the factors that cause the violation regulation of the charge transport of goods, to see the implementation of traffic and transportation laws which regulate the rule of the charge transport of goods and to review the exertions that can be done in law enforcement to the violation regulation of the charge transport of goods on the road of district. This research is the research of sociolegal law using the combination of normative juridical and empirical juridical method which having descriptive characteristic and perspective form. After analyzing the data, noted that the factors of the violation regulation of the charge transport of goods on the road of district: 1) the law substance, the legislation of traffic and transportation has not clearly organized the system of punishment for the offender of the violation regulation of the charge transport of goods on the road of district; 2) the law structure, the low quality and quantity of law upholder and also the low quality and quantity of law enforcement’s tools and facilities; 3) the law culture, the low level of work motivation, low commitment and low moral integrity of law upholder, along with the public’s obedience and knowledge about the determinate regulation of the charge transport of goods. The implementation of laws which controls the certain regulation of the charge transport of goods on the road of district is not done optimally by the inhabitants, the law culture of society and law upholder. The exertions that can be done as the law enforcement of the regulation of the charge transport of goods on the road of district are in preemptive way or using punishment, in preventive way and repressive way or using punishment tools.
Co-Authors BUDIMAN GINTING Harahap, Romulhan Iman Jauhari Jamilah Jamilah Ramadhan, M. Citra Siregar, Bismar Parlindungan Tarigan, Harimin