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<![CDATA[APPLICATION OF THE LAW OF QUALIFICATION OF CRIMINAL MAKING AGAINST NARCOTIC USERS IN THE LEVEL INVESTIGATIONS IN WEST ACEH POLRES ]]>
<![CDATA[Siregar, Mahdian]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[As a measure of action that can be imposed on an addict is Article 127 jo Article 54 jo Article 103 of the Narcotics Act. However, the substance of the Narcotics Act does not provide a clear conception of narcotics abusers that are categorized as users, addicts and victims of narcotics, so that they can be clearly and decisively distinguished from narcotics dealers and precepors. As a result, the application of the law against drug users, has not yet fully realized legal certainty. The problems in this study are about how the qualifications of narcotics abusers and the application of criminal law against narcotics abusers and obstacles to police investigators in the Southwest Aceh Narcotics Police Unit in applying the qualifications of narcotics abusers in?This type of research is empirical juridical research. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the qualifications of narcotics abusers are divided into three types, namely: users, addicts and victims of narcotics abusers. However, the subjects of these qualifications are not clearly regulated in the Narcotics Act. The application of criminal law against narcotics abuse by investigators of the Southwest Aceh Narcotics Unit has not yet been able to be applied to the maximum, therefore certain conditions are difficult to declare a person as an addict and victim of narcotics abuse. The obstacles of investigators in applying the qualifications of narcotics abusers are influenced by the legal subsystem in the narcotics criminal legal system. Substantially the Narcotics Law does not clearly regulate narcotics crime based on its subjects. Viewed from the aspect of the legal structure, narcotics law enforcement has not yet led to law enforcement efforts, particularly the National Police to prevent, protect and save the Indonesian people from abuse of Narcotics.]]>
<![CDATA[ISLAMIC LAW APPROACHES IN THE IMPLEMENTATION OF REHABILITATION AS A EFFORTS TO TREAT ABUSE NARCOTICS FOR NARCOTICS IN BANDA ACEH HIJRAH FOUNDATION FOUNDATION ]]>
<![CDATA[Sunardi, Sunardi]]>;
<![CDATA[Mustamam, Mustamam]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[Social rehabilitation through a religious approach is an effort to recover from narcotics abusers so that they can live better and be more responsible in the future. Social rehabilitation is a manifestation of the development of the Indonesian people as a whole which aims to shape the nation's character. The problems in this study, namely: What is the legal provisions for the implementation of rehabilitation for drug addicts who undergo rehabilitation? What is the provision of the rehabilitation process for narcotics addicts and how is the Islamic legal approach in implementing rehabilitation for narcotics addicts in the rehabilitation center of the Banda Aceh hijrah gate? This type of research is empirical juridical research. The data analysis used in this study is qualitative data analysis. Based on research results, the implementation of rehabilitation for narcotics addicts undergoing rehabilitation according to the Narcotics Act can be done in two ways, namely based on a court decision or recommendation from an agency with an assessment and voluntarily by carrying out compulsory reporting for themselves by an addict who is sufficient age and by parents/guardians for addicts who are not old enough. The rehabilitation process for narcotics addicts undergoing rehabilitation at the rehabilitation center of the Pintu Hijrah Banda Aceh Foundation is carried out in three stages, first, the medical rehabilitation stage (detoxification), the non-medical rehabilitation stage by following various programs in the rehabilitation place and the advanced care stage (after care) . The Islamic legal approach in the implementation of rehabilitation for narcotics addicts in the rehabilitation center of the Pintu Hijrah Foundation in Banda Aceh has a great influence on the change in behavior of narcotics residents. Based on the results of the Ministry of Social Republic of Indonesia's assessment, the percentage of successful rehabilitation of addicts is 80% of the total number of residents who have participated in rehabilitation programs at the Banda Aceh Hijrah Door Foundation.]]>
<![CDATA[APPLICATION OF PROVISIONS ARTICLE 127 JO ARTICLE 103 LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS IN LAW ENFORCEMENT NARCOTICS MISUSE (Study of Several District Court Decisions) ]]>
<![CDATA[Syamsuir, Syamsuir]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[The substance of the Narcotics Act has not provided a clear conception regarding the application of the law to narcotics users who use narcotics for themselves who are qualified as addicts and narcotics victims. As a result, the application of the law against narcotics users, has not yet fully realized legal certainty. dapun problems in this study regarding the application of Article 127 in conjunction with Article 103 of the Narcotics Act? Regarding the obstacles in applying the provisions of Article 127 in conjunction with Article 103 of the Narcotics Act against narcotics abusers? What is the ideal criminal law policy in making effective the implementation of Article 127 in conjunction with Article 103 of the Narcotics Act?This type of research is normative juridical research, while the nature of the study is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. The research data consisted of secondary data sources. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the application of Article 127 in conjunction with Article 103 of the Narcotics Act against abusers who use narcotics for themselves does not yet have legal certainty. The substance of the Narcotics Act is still ambiguous. Obstacles in applying the provisions of Article 127 in conjunction with Article 103 of the Narcotics Act, are influenced by three factors, namely the legal substance factor that has not been supported. Legal structure factors, related to the not yet created professionalism of law enforcement officers in law enforcement and legal cultural factors, that is related to community legal awareness. The ideal criminal law policy in streamlining the application of Article 127 in conjunction with Article 103 is to revise the provisions of the Narcotics Act, specifically Article 112 Paragraph (1) of the Narcotics Act by adding the phrase "with the intention of selling or distributing narcotics ...".]]>
<![CDATA[THE ROLE AND STATUS OF DIGITAL FORENSIC EXPERIENCES IN ANALYZING DIGITAL EVIDENCE ON THE EVIDENCE OF CYBERCRIME CRIMINAL ACTION IN NORTH SUMATERA POLDA ]]>
<![CDATA[Zulkifli, Zulkifli]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[With regard to proving cybercrime, digital forensic or digital forensic laboratories are urgently needed, which aims to investigate and establish facts relating to criminal incidents and other legal issues. As for the problems in this study, namely: What is the legal arrangement of evidence in proving cyber crime? What is the authority of digital forensic experts in uncovering digital evidence on cyber crime? What are the obstacles found by digital forensic experts in the process of proving cyber crime?This type of research is empirical juridical research, while the nature of the research is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. Research data sources consist of primary and secondary data. The data analysis used in this study is qualitative data analysis. Based on the results of the research, the evidence in proving cyber crime is obtained from electronic evidence in the form of electronic information and/or electronic documents relating to criminal acts. The collection of electronic evidence is carried out by the implementation of digital forensics by the North Sumatra Regional Police digital forensic expert. Electronic evidence, so that it can be used as electronic evidence and become legal evidence in evidence in court by meeting formal and material requirements as legal evidence. The authority of digital forensic experts relates to their position and function to explain and explain electronic evidence that is used as digital evidence in the process of proving cybercrime criminal cases as regulated in Article 184 paragraph (1) of the Criminal Procedure Code jo Article 5 paragraph (2) of the ITE Law. The obstacles of digital forensic experts in uncovering cybercrime cases include the nature of electronic evidence which is very vulnerable, because it is easily changed, deleted, or hidden by the culprit. Human resources who understand digital forensic are still weak, inadequate facilities and infrastructures and very limited budget.]]>
<![CDATA[ANALISIS YURIDIS TERHADAP PENOLAKAN VAKSINASI COVID-19 DITINJAU DARI HUKUM PIDANA (Suatu Analisis Terhadap Peraturan Daerah DKI Jakarta Nomor 2 Tahun 2020 Tentang Penanggulangan Covid-19 Di DKI Jakarta) ]]>
<![CDATA[Sari Ramadhan, Renda Sumber]]>;
<![CDATA[Purba, Nelvitia]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021 ]]>
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<![CDATA[During the Covid-19 pandemic, the Government of Indonesia continued to work to deal with the spread of Covid-19. One of the efforts made by the Indonesian government is to carry out mass vaccinations that will be given free of charge to the public. The formulation of the problem in this thesis is how the legal arrangements for the implementation of the covid-19 vaccination are, how are the criminal sanctions against the refusal of the covid-19 vaccination in the DKI Jakarta Regional Regulation Number 2 of 2020 concerning Covid-19 Response in DKI Jakarta, what is the political policy of the legal sanctions for fines against citizens refusing to be vaccinated against COVID-19. This type of research is normative juridical, namely research based on legislation and empirical juridical. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results of the study indicate that the legal regulation for the implementation of the covid-19 vaccination is Presidential Regulation No. 14 of 2021 concerning Amendments to Presidential Regulation No. 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (Covid-19) Pandemic. That any person who has been designated as the target recipient of the Covid-19 Vaccine but refuses it may be subject to administrative sanctions. Criminal sanctions for refusing to vaccinate COVID-19 in DKI Jakarta Regional Regulation Number 2 of 2020 concerning Covid-19 Response in DKI Jakarta are dependent on the authority of each regional government. Sanctions can be given to the public to comply with the COVID-19 vaccination program. In principle, sanctions are the authority of the local government, and can be given so that the community obeys and participates in the vaccination program so that herd immunity can be achieved easily.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PELAKU PERZINAHAN DALAM PERSPEKTIF KUHP DAN QANUN DI LHOKSUKON ACEH UTARA ]]>
<![CDATA[Purba, Simon]]>;
<![CDATA[Mustamam, Mustamam]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[Adultery in Islamic law is considered a very condemnable act and is considered a finger. The problems in this discussion are how to regulate the crime of adultery according to the Criminal Code, how to commit adultery according to Qanun Number 6 of 2014 concerning Jinayat Law, how to compare the crime of adultery according to the Criminal Code and Qanun Number 6 of 2014 2014 Regarding Jinayat Law. This study uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results of the study show that the crime of adultery as regulated in Article 284 of the Criminal Code is sentenced to imprisonment for a maximum of nine months. Adultery has existed since ancient times, there are differences of opinion regarding the crime of adultery regarding whether or not it is necessary to be seen as an act that is prohibited and can be threatened with punishment. In Dutch terminology adultery is called overspel. The crime of adultery in Islamic Shari'a is the most indecent act which illustrates how the common sense of the perpetrator does not work at all. In fact, Allah S.W.T has provided a lawful way through a marriage. Adultery is an ulcer that not only harms oneself but also others and the environment. While Qanun number 6 of 2014 concerning the law of jinayat is contained in Article 33 which explains that every person intentionally commits, every person repeats an act, every person or business entity intentionally provides facilities/promotes adultery, adultery with children, adultery with mahram. Comparison of the crime of adultery according to positive law and Qanun number 6 of 2014 concerning the law of jinayat, the elements of the criminal act of adultery and sanctions as well as the procedures for applying the law to the perpetrators of the crime of adultery are contained in Article 284 of the Criminal Code. While Qanun number 6 of 2014 concerning the law of jinayat is contained in Article 33 paragraph (1) Everyone who intentionally commits Zina, is threatened with 'Uqubat Hudud' 100 lashes. Paragraph (2) Everyone who repeats the act as referred to in paragraph (1) is threatened with 'Uqubat Hudud lashes 100 (one hundred) times and can be added with 'Uqubat Ta'zir a fine of a maximum of 120 (one hundred and twenty) grams of pure gold or 'Uqubat Ta'zir' Uqubat Ta'zir imprisonment for a maximum of 12 (twelve) months.]]>
<![CDATA[IMPLEMENTASI UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERKAIT DENGAN KEBEBASAN BERPENDAPAT DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Mahendar Nasution, Muhammad Rafi]]>;
<![CDATA[Marlina, Marlina]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[The presence of social networks brings changes in communication. So that when people communicate in social networks, they must have good and correct ethics in interacting with other people, because mistakes in interacting result in criminal sanctions. The problems in this discussion are how to regulate the expression of opinions through social media according to the ITE Law, how to apply ITE in relation to the basic right of every citizen to express freedom of opinion, whether criminal acts or offenses in the provisions of the ITE Law can be applied to citizens. people who express opinions or criticize the government. This study uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results show that the regulation on expressing opinions through social media according to the ITE Law has been clearly regulated and guaranteed in various legal instruments in Indonesia, such as the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 9 of 1999. 1998 concerning Freedom to Express Opinions in Public, Law Number 14 of 2008 concerning Disclosure of Public Information and Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The application of ITE in relation to the basic right of every citizen to express freedom of opinion cannot be reduced or limited by anyone and by anything. Criminal acts or offenses in the provisions of the ITE Law can be applied to citizens who express opinions or criticisms of the government, if the actions meet the elements of criminal acts as stipulated in the ITE Law, then the perpetrators can be subject to sanctions or must be held accountable for their actions.]]>
<![CDATA[ANALISIS YURIDIS HUKUMAN PIDANA KUMULATIF KURIR NARKOTIKA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Analisis Putusan Mahkamah Agung Nomor 910 K/Pid.Sus/2020) ]]>
<![CDATA[Nurza Ismam, Riza Fauzi]]>;
<![CDATA[Purba, Nelvita]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021 ]]>
Publisher : <![CDATA[LPPM YPITI ]]>
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<![CDATA[Imposing a person who has committed a criminal act is a very important part of realizing the criminal justice system. The formulation of the problem in this thesis is how the provisions of the cumulative criminal law in life imprisonment and fines for narcotics couriers who commit evil conspiracy (samenspanning), how to apply cumulative criminal sanctions to life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning), how to consider judges in verifying narcotics couriers as perpetrators of criminal conspiracy (samenspanning) in narcotics crimes in the Supreme Court decision Number 910 K / Pid.Sus / 2020. This type of research is juridical normative, namely research based on law. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the cumulative criminal law arrangements for life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning) are regulated in Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of Law of the Republic of Indonesia No. 35 of 2009 concerning Narcotics, namely a criminal act of conspiracy without rights or against the law of planting, maintaining. The application of cumulative criminal sanctions in life imprisonment and fines for narcotics couriers who commit evil consensus (samenspanning) is in accordance with the decision of the Stabat District Court, namely Defendant I was sentenced to life imprisonment but at the level of cassation filed by Defendant II, the sentence against Defendant II was changed to 12 years imprisonment and a fine because Defendant II was only a courier, not a narcotics owner in this case. The judge's consideration in verifying the narcotics courier as the perpetrator of a criminal conspiracy (samenspanning) in the narcotics crime was because there was no justification and excuse for the act committed by the defendant.]]>
<![CDATA[ANALISIS JUAL BELI DENGAN MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH (Studi Analisis Di Bank Syariah Indonesia Cabang Rantau Prapat) ]]>
<![CDATA[Dewiyana, Hudrah]]>;
<![CDATA[Mustamam, Mustamam]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021 ]]>
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<![CDATA[The implementation of financing under the murabahah agreement is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSNMUI / IV / 2000 concerning Murabahah. The murabahah contract in question is selling an item by confirming the purchase price to the buyer and the buyer paying a higher price. The problem formula in this thesis is how to arrange the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how are the solutions to external and internal obstacles in the implementation of buying and selling using the murabahah contract at Bank Syariah Indonesia Rantau Prapat. This type of research is a normative juridical research that is based on statute and empirical juridical research by conducting interviews with the Head of the Branch of Bank Syariah Indonesia Rantau Prapat. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the arrangement for the implementation of the murabahah contract carried out at Indonesian Sharia Bank is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSN-MUI / IV / 2000 concerning murabahah. The implementation of the murabahah contract at Bank Syariah Indonesia is a financing provided by banks to prospective debtor customers to finance their business needs through working capital financing, investment, people's business credit (KUR), bud, middle and main financing by using the murabahah contract as the financing agreement contract. . Barriers to Implementation of Murabahah Agreement at Indonesian Sharia Bank are customers do not carry out their payment / payment obligations on the agreed time, documents or information submitted by the customer to the bank are fake, invalid, or incorrect.]]>
<![CDATA[ANALISIS YURIDIS WANPRESTASI TERHADAP AKTA PENGAKUAN HUTANG DALAM PERJANJIAN KERJASAMA PEMASUKAN MODAL (Studi Putusan Mahkamah Agung Nomor 191 K/Pdt/2019) ]]>
<![CDATA[Samosir, Jonatan]]>;
<![CDATA[Mustamam, Mustamam]]>;
<![CDATA[Akhyar, Adil]]>
<![CDATA[ Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021 ]]>
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<![CDATA[Default in the implementation of capital investment cooperation agreements is a phenomenon that often occurs in practice. Many factors cause default, it could be due to the fault of the parties or outside the fault of the parties. The formulation of the problem in this thesis is how the legal strength of the debt recognition deed in the capital investment cooperation agreement, what is the legal effect of default on the debt recognition deed in the capital investment cooperation agreement, how is the legal consideration of the judge judge in deciding case No. 191 K / Pdt / 2019. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the legality of the debt recognition deed in the capital investment cooperation agreement is a perfect means of evidence for the parties in the event of a dispute in court. As a result of the default law on the deed of debt recognition in the capital investment cooperation agreement, the injured party sues so that the party causing the loss is required to provide compensation as stipulated in the cooperation agreement which determines that the party who breaks the promise is willing to be sued and bear all costs arising from the collection the. Judge Judge's legal considerations in deciding case No. 191 K / Pdt / 2019 is that the agreement has been valid and binds the parties as law, so that the legal relationship between the plaintiff and the defendant is a debt and credit relationship accompanied by interest in which the plaintiff and defendant agree that the plaintiff is the creditor (creditor) while the defendant is an indebted party (debtor) provided that the defendant must repay the loan within 3 (three) months, accompanied by profit payments.]]>
