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Journal : ARBITER: Jurnal Ilmiah Magister Hukum

Peranan Petugas Imigrasi Terhadap Pengungsi Di Indonesia Terkait Dengan Berlakunya Undang-Undang Nomor 6 Tahun 2011 Rajagukguk, Eko Yudis Parlin; Suhaidi, Suhaidi; Leviza, Jelly; Lubis, Anggreni Atmei
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 (269.702 KB) | DOI: 10.31289/arbiter.v1i1.97

Abstract

Nowadays, the refugees’ problems have become a concern towards international society. The study aims to discover how the role ofimmigration officers to organize the foreigners may enter Indonesian territory. Then, the research discover how the impact of refugees existence towards Indonesian people. Then again, what is barrier faced by the immigration officers in handling the refugees in Immigration Detention House in Medan. The method of approach used in this study is a normative approach based on the laws and regulations as a review at the conceptual level about the meaning and purpose of various national legal regulations Number 6 of 2011 concerning Immigration against refugees in Indonesian territory. Data Collection Tools, Library Research (data analysis) Analysis of the data in this study using qualitative methods. The process of analyzing data in qualitative research begins by examining all data collected from various sources, namely from interviews, observations that have been written in field notes, personal documents, official documents, pictures, photographs and so on. The immigration officers of Indonesia manage the foreigners that entering Indonesian territory by applying selective policy. The refugees in Indonesian territory have a crucial impact towards Indonesian society.
Analisis Terhadap Putusan Hakim Praperadilan di Pengadilan Negeri Medan Sipayung, Jekson; Suhaidi, Suhaidi; Harianto, Dedi; Zulyadi, Rizkan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.078 KB) | DOI: 10.31289/arbiter.v1i2.120

Abstract

The purpose of this study is to describe how the legal development of reasons for filing pretrial today, how the legal consequences of the fall of the judge's decision on the pretrial submission, and how criminal law policy formulates pretrial institutions in Indonesia's positive law in terms of human rights protection. This type of research uses normative juridical types. The results of research and discussion explain the development of the legal reasons for the submission of pretrial experiences development not only as stipulated in the Criminal Procedure Code but also in the Constitutional Court Decision No. 21 / PUU-XII / 2014 has expanded the pretrial object in the form of arrest, detention, cessation of investigation or termination of the prosecution as well as the stipulation of the determination suspect, search and seizure. The legal consequence of the fall of the judge's decision on the pretrial submission is that if the decision determines the arrest or detention is invalid, the investigator or public prosecutor must immediately release the suspect, in the event that the decision determines that a cessation of investigation or illegal prosecution, investigation or prosecution of the suspect must continue and in the case of a decision stipulating that an arrest or detention is not legal, then in the decision, the amount of compensation and rehabilitation given is stated, whereas in the case of cessation of an investigation or prosecution is valid and the suspect is not detained, the decision shall include the rehabilitation.
Upaya Imigrasi dalam Penerapan Sanksi Pidana Terhadap Pengguna Dokumen Perjalanan Palsu Jerold, Jerold; Suhaidi, Suhaidi; Isnaini, Isnaini
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 2 (2019): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.003 KB) | DOI: 10.31289/arbiter.v1i2.115

Abstract

The purpose of this study is to find out how the forms of falsification of the Travel Documents of the Republic of Indonesia, how the application of criminal sanctions for the forgeries of the Travel Documents of the Republic of Indonesia according to positive Indonesian law and how immigration actions in overcoming the fraudulent Travel Documents of the Republic of Indonesia occur. The research method used in this research is descriptive analysis, data collection techniques with literature studies and interviews, the types of data are primary data and secondary data, while the data analysis using descriptive cumulative data analysis is descriptive. From the results of research that cases of forgery of Travel Documents of the Republic of Indonesia (passports), can be classified into four forms of forgery of Travel Documents of the Republic of Indonesia (passports): original documents obtained illegally (using false or incorrect data), original documents that have been subjected to changes, documents that are completely falsified (duplication), original documents used by others (Impostor). Articles used in the crime of forgery of passports are article 119, article 126, article 127, article 129. Countermeasures to prevent the falsification of Travel Documents of the Republic of Indonesia, such as by: Issuance of Electronic Passport (e-passport), Photo and fingerprinting process finger recording the applicant's data, interview process when the applicant submits a passport application, Provision of Passport Safety Features.
Analisis Hukum Pencegahan dan Pemberantasan Perusakan Hutan Kaitannya dengan Potensi Kekosongan Hukum dalam Perspektif Penyidikan Tindak Pidana Kehutanan Turnip, Palber; Suhaidi, Suhaidi; Harianto, Dedi; Rafiqi, Rafiqi
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 (287.03 KB) | DOI: 10.31289/arbiter.v2i1.125

Abstract

The issuance of Law No. 18 Year 2013 concerning the Prevention and Combating Deforestation  promulgated  date of August 6, 2013, has declared unplug and do not apply some rules of the offense in Law No. 41 of 1999 on Forestry allegedly can lead to potential Emptiness Law, which can lead to increased threats to forest destruction. Therefore, efforts to fill the legal vacuum intended to reduce the potential destruction of forests. This research is normative juridical typology synchronization research laws and regulations. While the nature of the research is descriptive analitif. From the data collected, analyzed, and then can be concluded that the issuance of Law No. 18 Year 2013 has changed the rules that have been good in Law No. 41 of 1999 which would cause a vacuum in the law with the absence of binding rules to a acts that could destroy the forest.
Analisis Yuridis Atas Penggabungan PT Taspen (Persero) dan PT Asabri (Persero) pada Badan Penyelenggara Jaminan Sosial Putra, Wahyudi Prima; Suhaidi, Suhaidi; Leviza, Jelly; Marsella, Marsella
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 (325.268 KB) | DOI: 10.31289/arbiter.v2i1.98

Abstract

The transformation becomes an important vocabulary since last seven years in Indonesia, precisely since the enactment of the National Social Security System (Social Security Act) on October 19, 2004.  Persero four state-owned social security program organizers PT Askes, PT Asabri, PT Jamsostek and PT Taspen  will be transformed into BPJS . Asabri program is part of the rights of soldiers and police members on a decent income. Asabri programs and programs pension payments transferred by Asabri PT and old age savings program and programs pension payments transferred from TASPEN PT is part of the program in accordance with that law. With the inclusion of informal workers in the social security system which has clearly not been recorded, it will take time and a very large cost.