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All Journal Program Kreativitas Mahasiswa - Karsa Cipta Jurnal Ekonomi Syariah Teori dan Terapan Jurnal Akta Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah METADATA Jurnal Al-Hikmah Indomera : Jurnal Magister Manajemen Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Ekonomika dan Bisnis Islam Rechtsnormen
Ibnu Affan
Teknik Informatika, Fakultas Teknik, Universitas Widyagama Malang
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEBIJAKAN PERCEPATAN PENANGANAN COVID-19 DI KOTA BINJAI BERDASARKAN PERATURAN WALIKOTA BINJAI NOMOR 16 TAHUN 2020 TENTANG KARANTINA DALAM RANGKA PERCEPATAN PENANGANAN CORONA VIRUSES DISEASES 2019 (COVID-19) DI KOTA BINJAI Catur Suharto, Ratno Mulyadi; Marzuki, Marzuki; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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The spread of Corona Virus Disease 2019 (Covid-19) in Binjai City has increased which has an impact on the economy, social, security and welfare of the people in Binjai City. The formulation of the problem in this thesis is how the policy setting for the acceleration of handling Covid-19 in the city of Binjai is based on the Binjai Mayor Regulation Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19, how is the implementation of the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the context of implementing policies acceleration of the handling of Covid-19 in Binjai City, how to protect social and economic rights of the community related to the implementation of policies to accelerate the handling of Covid-19 in Binjai City. This type of research is normative juridical, namely research based on legislation and empirical juridical, namely by conducting interviews with staff/employees of the Social Service of Binjai City. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The results show that the policy setting for the acceleration of handling COVID-19 in the city of Binjai is based on the Regulation of the Mayor of Binjai Number 16 of 2020 concerning Quarantine in the Context of Accelerating the Handling of Covid-19 is to suppress and decide the spread of Covid-19 in the City of Binjai and the purpose of the establishment of this Mayor Regulation is as a guideline for implementing health quarantine in the context of accelerating the handling of COVID-19 in the Binjai City area. The implementation of the Binjai Mayor's Regulation Number 16 of 2020 concerning Quarantine in the context of implementing the policy to accelerate the handling of Covid-19 in Binjai City is much less effective because people feel that they have not received legal protection. The protection of social and economic rights of the community related to the implementation of the policy to accelerate the handling of Covid-19 in Binjai City is that the Binjai City government is responsible for order, security, comfort and welfare of the community.
PENEGAKAN HUKUM TERHADAP PECANDU DAN PENYALAHGUNA NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Studi Putusan Pengadilan Negeri Kisaran Nomor 296/Pid.Sus/2021/PN.Kis) Adhar, Syamsul; Marlina, Marlina; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Law enforcement against narcotics crimes has been widely carried out by law enforcers, as well as many perpetrators who have been sentenced to court decisions and are serving sentences in correctional institutions. The formulation of the problem in this thesis is how to regulate the law for narcotics addicts and abusers, How is law enforcement against narcotics addicts and users according to Law Number 35 of 2009 concerning narcotics, What is the basis for judges' considerations in making decisions against narcotics users and abusers in Decision Number 296 /Pid.Sus/2021/PN.Kis. The type of this research is normative juridical, namely research based on law and empirical juridical by conducting research at the Asahan Police Station. Data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. Drawing conclusions in this paper is carried out using deductive-inductive logic of thinking that is done with the theory that is used as a starting point for conducting research. The results of the study indicate that the legal regulation of narcotics crimes based on Law Number 35 of 2009 concerning Narcotics prioritizes rehabilitation of narcotics addicts and users, but the criminal sanctions for narcotics dealers and precursors are very high. Law enforcement against addicts and narcotics users according to Law Number 35 of 2009 concerning Narcotics includes non-penal policy countermeasures, namely pre-emptive (counseling) and preventive (prevention) efforts. The judge's consideration in making a decision against the perpetrators of narcotics crimes in the decision of the Kisaran District Court Number 296/Pid.Sus/2021/PN.Kis is that the defendant must be held accountable for his actions in accordance with the decision handed down by the judge, namely imprisonment for 9 (nine) years and a fine 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it will be replaced with imprisonment for 4 (four months) is appropriate for coaching to be carried out.
PENERAPAN HUKUM PIDANA TERHADAP PENCUCIAN UANG DALAM TINDAK PIDANA KEJAHATAN NARKOTIKA (Putusan Mahkamah Agung Nomor 250 K/Pid.Sus/2018) Manalu, Arisman Freddy; Purba, Nelvitia; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The crime of money laundering as a crime has a distinctive feature, namely that this crime is not a single crime but a multiple crime. The crime of money laundering does not stand alone because the assets placed, transferred, or transferred by means of integration are obtained from a criminal act, meaning that there has been another criminal act that preceded it. The formulation of the problem in this thesis is how to regulate the crime of money laundering, how to apply the law of money laundering in narcotics crime cases, how the legal basis for judges to return the assets of the defendant in the Supreme Court decision Number 250 K / Pid.Sus / 2018. 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 showed that the regulation of money laundering in case Number 250 K / Pid.Sus / 2018 is regulated in Article 3 of Law Number 8 of 2010. Murtala Ilyas Bin Ilyas was legally and convincingly proven guilty of committing the crime of money laundering and imposing a crime. to the defendant with imprisonment for 8 (eight) years and a fine of Rp. 5,000,000,000.00 (five billion rupiah) provided that if the fine is not paid, then it is replaced by imprisonment for (three) months. The legal consideration of the judge returning the defendant's assets was because the evidence was obtained between 2002 and 2006, namely the period before the tempus delicti of 2009 to 2016, so the evidence had to be returned to the defendant Murtala Ilyas.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU EIGENRICHTING (MAIN HAKIM SENDIRI) YANG MENGAKIBATKAN KORBAN JIWA MENURUT KUHP (Studi Putusan Nomor 8/PID. B/2018/PN. BKS) Siregar, Astopan; Marlina, Marlina; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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Violence is indeed a phenomenon that is often encountered in Indonesian society lately. In fact, the existing law in Indonesia has not been able to provide strict punishments for perpetrators of vigilantism (eigenrichting). The formulation of the problem in this thesis is how to regulate criminal offenses in the form of vigilante actions according to the Criminal Code, how to qualify for vigilante offenses (eigenrichting) that result in fatalities in criminal law, what is the basis for judges' considerations in making decisions against perpetrators of vigilante action. (eigenrichting) in Decision Number 8/PID.B/2018/PN. Bks. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the regulation of criminal offenses in the form of taking vigilante action according to the Criminal Code is regulated in Article 170, Article 351, Article 406, Article 338 and in the decision of the act as regulated and threatened with punishment in the decision Number 8/Pid. B/2018/PN. Bks perpetrators of acts of vigilantism were charged with Article 170 paragraphs (1) and (2) in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The qualification for the offense of vigilante action (eigenrichting) that results in fatalities in criminal law is that the defendant has fulfilled all the elements of the indictment in Article 170 of the Criminal Code so that the panel of judges sentenced the defendant to imprisonment for 8 (eight) years. The basis for the judge's consideration in making a decision against the perpetrator of the vigilante act (eigenrichting) is in Decision Number 8/PID.B/2018/PN. Bks is that during the trial process there was no forgiving reason or justification that could erase the criminal and unlawful nature of the defendant.
TINJAUAN YURIDIS PENCEGAHAN PENYELUNDUPAN BALLPRESS DI WILAYAH HUKUM KEPOLISIAN RESORT ASAHAN DALAM PERSPEKTIF KUHP (Studi Putusan Nomor 85/Pid. Sus/2018/PN. Tbk) Simangunsong, Dian Pranata; Purba, Nelvitia; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The crime of smuggling is very rampant in Indonesia, it's just that in imposing criminal sanctions, its implementation only focuses on imprisonment, because the formulation of the Customs Law is not explicitly regulated on the concept of returning state losses, so that every time a criminal act of smuggling occurs, the state is always at a loss. The problems in this discussion are how to regulate the law regarding the illegal smuggling of used clothes in the Republic of Indonesia, how the obstacles and efforts made by the Asahan Resort police in preventing ballpress smuggling, how to enforce the law against the perpetrators of the ballpress smuggling crime in the decision Number 85/Pid. Sus/2018/PN.Tbk. 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 legal regulation of smuggling in Indonesia is regulated in Law no. 17 of 2006 concerning Customs, Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 that imported goods must be in a new condition and Decree of the Minister of Industry and Trade No. 642/MPP/Kep/9/2002 concerning Changes Appendix I No.230/MPP/Kep/7/1997 states that new and used rags are prohibited for import by importers to enter Indonesia and Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/2015 concerning the Prohibition of the Import of Used Clothing . The obstacles that the Asahan Resort police do in preventing ballpress smuggling are perpetrators who provide fictitious information during the examination process. Efforts to prevent criminal acts of smuggling are carried out with 2 kinds of efforts, namely preventive and repressive efforts. Law enforcement against perpetrators of criminal acts of ballpress smuggling in Decision Number 85/Pid.Sus/2018/PN. Tbk is the perpetrator sentenced to imprisonment for 2 (two) years and a fine of Rp. 50,000,000, - (fifty million rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.
PERTANGGUNGJAWABAN PIDANA PERUSAKAN GEDUNG DAN FASILITAS RUTAN OLEH NARAPIDANA (Analisa Putusan Pengadilan Nomor 311/Pid.Sus/2019/PN. Sgi) Siagian, Edumanihar; Suhaidi, Suhaidi; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The treatment of differences in State Detention Centers is still frequent, so that this can lead to jealousy among detainees. One form of crime or crime that occurs in State Detention Centers is the destruction of spaces / buildings and facilities by inmates. The formulation of the problem in this thesis is how the factors that cause the destruction of the building and facilities of the detention center by inmates, what is the criminal responsibility of prisoners who destroy buildings and detention facilities, how judges consider in verifying the crime of destroying detention buildings and facilities in the verdict. Court Number 311 / Pid.Sus / 2019 / PN Sgi. 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 showed that the factors that led to the destruction of the building and facilities of the detention center were dispenser problems in which the prisoners and prisoners were angry and objected because the dispensers that had previously been distributed and placed in the rooms of the prisoners had been taken back by the guards. / Rutan employees. The criminal responsibility for the convict who destroys the building and facilities of the detention center is that the defendant is sentenced to 9 (nine) months imprisonment. The judge's consideration in making a decision on the crime of destroying the buildings and facilities of the detention center in the Court Decision Number 311 / Pid.Sus / 2019 / PN Sgi is that the Panel of Judges has considerations starting from the demands of the Public Prosecutor, the fulfillment of the elements in accordance with the articles charged. and there are no justifying and forgiving reasons, so that they are found guilty, as well as burdensome and mitigating things.
PERTANGGUNGJAWABAN PIDANA PENGELOLA TEMPAT WISATA AKIBAT KELALAIAN YANG MENGAKIBATKAN WISATAWAN MENGALAMI KECELAKAAN (Studi di Dinas Pariwisata Kabupaten Mandailing Natal) Yanti, Efrida; Marzuki, Marzuki; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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With regard to accidents in tourism destinations, if the manager is negligent in managing a tourism destination that can cause accidents, then the manager of the tourist spot due to the negligence can be held liable for crime. The formulation of the problem in this thesis is how to regulate the criminal responsibility of managing tourist attractions due to negligence that causes tourists to have accidents, how is the responsibility of the managers of tourist attractions due to negligence which resulted in tourists having accidents, how are criminal sanctions against managers of tourist attractions due to negligence which resulted in tourists having accidents. The research method used is descriptive analysis which leads to normative juridical legal research, namely research conducted 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 showed that the criminal responsibility arrangement for managing tourist attractions due to negligence which resulted in tourists having an accident is regulated in the Criminal Code. The responsibility of the manager of tourist attractions due to negligence which results in tourists having accidents is that they can be held liable for not providing legal protection to tourists as regulated in Article 20 Law No. 10 of 2009. Criminal sanctions against managers of tourist attractions due to negligence which result in tourists having accidents can be imposed as regulated in the Criminal Code while Law Number 10 of 2009 concerning Tourism does not regulate criminal provisions specifically regulating sanctions for managers of tourist attractions in the event of an accident but only regulates that tourists who commit criminal acts may be subject to criminal sanctions.
PERTANGGUNGJAWABAN HUKUM BAPPEDA KOTA BINJAI DALAM PENGELOLAAN BARANG MILIK DAERAH UNTUK MEWUJUDKAN GOOD GOVERNANCE Gerriyent, Gerriyent; Marzuki, Marzuki; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The administration of government in accordance with the principles of Good Governance is part of the demands of a democratic system and the rule of law, which requires transparency and accountability so that the right of people's participation is opened which is the main element of democratization. The formulation of the problem in this thesis is how to regulate legal accountability in the management of regional property, how to implement the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance, what are the obstacles in implementing the law of Binjai City Bappeda in the management of regional property and what are the solutions. The research method used is descriptive analysis that leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials and empirical research by conducting interviews. Primary and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the regulation of legal liability in the management of regional property has basically been carried out in accordance with the applicable regulations, namely based on Permendagri No. 19 of 2016. The implementation of the legal responsibility of the Binjai City Bappeda in managing regional property to realize Good Governance has been regulated in laws and regulations that should be followed up by regulation through regional legal products to be applied in regulating, managing and managing assets from the government concerned. Barriers to the implementation of the law of the City of Binjai Bappeda in the management of regional property are limited knowledge and understanding of human resources and the lack of commitment from SKPD leaders in managing Regional Property.
PENYELESAIAN SENGKETA AKIBAT WANPRESTASI PIHAK PENYEDIA BARANG DAN JASA MELALUI ELEKTRONIK KEPADA PEMERINTAH PERSFEKTIF PERATURAN PRESIDEN NOMOR 16 TAHUN 2018 TENTANG PENGADAAN BARANG/JASA PEMERINTAH Siregar, Muhammad Ikhsan; Mukidi, Mukidi; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The procurement of goods/services is funded from the State/Regional Revenue and Expenditure Budget (APBN/APBD), and generally always increases from year to year. Likewise, the components of APBN/APBD expenditure in the form of capital expenditure (investment)/direct expenditure, the implementation of which is carried out through the procurement of goods/services. The formulation of the problem in this thesis is how to procure government goods/services through electronic procurement services to the government, how to resolve disputes due to default on government procurement of goods/services through electronic procurement services to the government, how legal solutions are carried out in government procurement of goods/services. through electronic services. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching 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 procedure for procuring government goods/services through the government electronic procurement services is regulated in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services which has been fully and in sufficient detail in the process. government procurement of goods/services. Settlement of disputes due to default on government procurement of goods/services through electronic procurement services to the government, namely if the parties commit acts that are not in accordance with the provisions for procurement of goods and services based on Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Goods/ Government services, will be subject to sanctions in the form of administrative sanctions, sued for compensation / being sued in a civil manner.
TINJAUAN YURIDIS PERLINDUNGAN HAK-HAK NORMATIF TENAGA KERJA SETELAH BERLAKUNYA UNDANG-UNDANG CIPTA KERJA (OMNIBUS LAW) Zubi, Muhammad; Marzuki, Marzuki; Affan, Ibnu
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
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The Job Creation Law, entitled Omnibus Law, is one of the government's progressive steps in the field of law. The aim of the Omnibus Law is to eliminate the overlap between laws and regulations, both in the same sector or those that are contradictory to each other and then reorganize. The formulation of the problem in this thesis is how to regulate the normative rights of workers in the Omnibus Law, how the weaknesses and strengths of the Omnibus Law in regulating the normative rights of workers compared to the Law -Law Number 13 of 2003, how to protect the law on the normative rights of workers in the Work Creation Act (Omnibus Law). 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 showed that the regulation of labor normative rights in the Work Creation Law (Omnibus Law) is the protection of workers / laborers regulated in Article 80 which regulates the strengthening of protection for workers and increases the role and welfare of workers in supporting the investment ecosystem. The weakness of the Omnibus Law in regulating the normative rights of workers compared to Law Number 13 of 2003 is that the Job Creation Law is very detrimental to workers / laborers. Legal protection of the normative rights of workers in the Omnibus Law related to the articles governing Manpower which are summarized in Article 81 has not yet accommodated guarantees of rights for workers. Guarantee of workers' rights, which in principle should have guaranteed legal protection, but if it is related to the issues raised in Law Number 11 of 2020 concerning Job Creation.
Co-Authors Adhar, Syamsul Aswad, Nazrul Br Purba, Fera Audia Catur Suharto, Ratno Mulyadi Ferimon, Ferimon Gerriyent, Gerriyent Ginting, Oskar Arifandi Humaidi H. Kurunia Situmorang, Berkat Anugrah Lestari, Nurrizka Puji Lubis, M. Yamin Lubis, Muhammad Faisal Rahendra Lubis, Nilma Mahmud Mulyadi Manalu, Arisman Freddy Manurung, Ojak Marlina Marlina Marwan Marzuki Marzuki Muhammad Yahya Muhaimin Muhammad Yamin Mukidi, Mukidi Munawar Munawar Purba, Nelvitia Rahmadani, Gema Rokan, Mustafa Kamal Rusgianto, Sulistya Sastra Namuda Siregar, Romy Setyadi, Rangga Siagian, Edumanihar Simangunsong, Dian Pranata Siraj Siregar, Astopan Siregar, Muhammad Ikhsan Sri Herianingrum Suhaidi Suhaidi Syaifullah Yanti, Efrida Zubi, Muhammad